9/11 Trial Set for 2028: Why the Guantanamo Case Has Taken 25 Years

The September 11 military commission at Guantanamo Bay has become one of the longest-running terrorism prosecutions in US history. Military judge Lt Col Michael A Schrama has now scheduled the trial of Khalid Sheikh Mohammed and three defendants for June 5, 2028, but legal hurdles remain.

Mohammed, Walid bin Attash, Ali Abdul Aziz Ali and Mustafa al-Hawsawi face charges including conspiracy, terrorism, murder in violation of the law of war, and hijacking. The case has been delayed for more than two decades by the defendants’ detention history, evidentiary disputes.

Mohammed and other defendants were held in secret CIA custody before arriving at Guantanamo in 2006. Their alleged torture and coercive interrogation created a legal battle: whether statements made during or after that treatment can be admitted. Defense lawyers continue challenging FBI Letterhead Memoranda and other evidence, while prosecutors seek to establish that later statements were legally usable.

A previous trial was scheduled for 2021, but it never began. The proceedings were disrupted by the COVID-19 pandemic, judicial turnover and unresolved discovery and suppression litigation. The commission still faces classified information, witness availability and procedural appeals.

The death penalty adds another layer. In 2024, Mohammed, bin Attash and al-Hawsawi agreed to plead guilty in return for life imprisonment without parole, with provisions requiring them to answer victims’ families’ questions. Defense Secretary Lloyd Austin withdrew the agreements, and a divided federal appeals court ruled in 2025 that he had authority to do so, restoring the possibility of capital trials.

Schrama rejected prosecutors’ proposed January 2027 start because the case still requires pretrial work. His new schedule includes deadlines for classified-information disclosures, panel selection, witness and exhibit filings, and final pretrial arguments.

The June 2028 date is a roadmap, not a guarantee. Appeals, suppression rulings, classified-evidence disputes or missed milestones could cause further delays. After 25 years, the fundamental challenge remains unchanged: conducting a fair capital trial while determining whether evidence emerging from a controversial detention and interrogation history can ultimately lawfully be used.