Trial remains elusive for purported mastermind accused of plotting 9/11 attacks

Two decades after U.S. authorities detained Khalid Sheikh Mohammed at a military facility in Cuba, the suspect accused of orchestrating the Sept. 11 attacks remains far from facing trial. A judge recently set a 2028 date for Mohammed to appear before a military tribunal, but legal experts doubt it will ever transpire. Lawyers contend the numerous legal obstacles arising from Mohammed's torture after his 2003 capture in Pakistan are too complex to resolve.

An earlier attempt to try him in a civilian court in New York City was dismissed over security concerns, and a plea agreement that would have granted him life imprisonment but avoided potential execution fell apart in 2024. Joshua Dratel, an attorney involved in securing Mohammed's legal rights, asserts that "politics and a lack of accountability regarding torture" are the main culprits.

In August, a U.S. military judge ruled that prosecutors could not use an alleged confession Mohammed provided to the FBI in 2007 due to the "enhanced interrogation techniques" he endured. The government decided not to appeal, as this decision could prolong the trial further. Mohammed remains incarcerated at Guantanamo Bay, where he arrived in 2006.

Victims' families still hope for a trial, with Terry Strada's husband, Tom, losing his life in the September 11 attacks. Strada and others involved in 9/11 Families United express a desire for justice, but they are concerned that not executing Mohammed might inspire future U.S. leaders to swap him for prisoners held elsewhere. The death penalty, Strada believes, "fits the crime" and would deter such actions.

Mohammed was apprehended in Pakistan in 2003 and charged with creating and directing the 9/11 attacks as a leader of the Islamic militant group al-Qaida. Delays in his legal process have mainly been caused by his treatment after being captured. A Senate report highlighted his extensive torture in CIA custody, including 183 sessions of waterboarding.

Plans for a civilian trial were abandoned in 2009 due to security concerns, potential terrorist targets, and opposition arguing it would be a "charade." Former New York City Mayor Rudy Giuliani, a Republican, called the plan "unwise" and detrimental to public rights. Despite the challenges, some believe a civilian trial would have resulted in a conviction.