Judge throws out confession by alleged 9/11 mastermind Khalid Sheikh Mohammed

A military judge has dismissed a confession made by alleged 9/11 mastermind Khalid Sheikh Mohammed to FBI agents nearly two decades ago, citing that it was not given voluntarily. The ruling is a setback for the US government's ongoing effort to prosecute Mohammed, who is accused of orchestrating the attacks on the Pentagon and World Trade Center.

Mohammed is currently held at Guantanamo Bay, Cuba, along with several other defendants awaiting trial. Colonel Michael Schrama, the judge in the case, scheduled a trial for Mohammed and three others for June 2028. Schrama suppressed the statements Mohammed made to the FBI during a four-day interrogation in January 2007 at Guantanamo Bay.

Mohammed was captured by the CIA and subjected to waterboarding and other tactics deemed torture. These previous interrogations influence the statements he later provided to the FBI. The judge determined that the CIA's treatment of Mohammed instilled fear in him that he would be severely mistreated if he failed to comply with his interrogators.

Additionally, Mohammed was not provided with a Miranda warning, informing him of his right to remain silent and preventing him from speaking to a lawyer. The government's prosecutor, Rear Adm. Aaron C. Rugh, stated that they would decide whether to appeal in the near future. Retired FBI agent Frank Pellegrino, who interviewed Mohammed in 2007, believes Mohammed confessed voluntarily due to the explicit assurance that he was not obligated to talk.

However, the legal validity of this confession is yet to be determined by the court. If convicted, Mohammed could face the death penalty. Two other defendants reached plea deals in 2024, avoiding capital punishment, but these agreements were overturned last year after Defense Secretary Lloyd Austin overruled them.