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

Two decades after Khalid Sheikh Mohammed was detained in a military prison in Cuba, the alleged mastermind of the September 11 attacks remains no closer to facing trial, according to recent reports. A judge recently set a 2028 date for Mohammed to be tried before a military tribunal, but some legal experts believe the case will never reach court due to numerous legal hurdles stemming from his alleged torture after capture in 2003.

A previous attempt to trial Mohammed in a civilian court in New York City was abandoned due to security concerns, and a plea agreement aimed at avoiding a potential execution fell apart in 2024. Joshua Dratel, an attorney involved in securing Mohammed's legal representation, says the issue is "contaminated by politics and the lack of accountability on torture."

Mohammed, accused of developing and directing the September 11 attacks, was captured in Pakistan in 2003. A US Senate report highlighted his additional torture in CIA custody, including 183 instances of waterboarding. Although plans for a civilian trial were initially dropped, a military tribunal system has proven inefficient and problematic for legal proceedings.

David Raskin, a Washington lawyer, believes a civilian trial would have resulted in a conviction, while the military commissions have become a defense lawyer's nightmare due to endless litigation over their legality and procedures. Despite the alleged confession made by Mohammed in 2007, US prosecutors have ruled out using it in court because it was obtained through "enhanced interrogation techniques" like waterboarding.

Terry Strada, whose husband died in the September 11 attacks, expressed hope for a trial to bring justice but worries that not executing Mohammed could lead to future US leaders swapping him for Americans held prisoner elsewhere.