9/11 Case Judge Faces Criticism Over Confession Decision and Past Essay

The judge who recently nullified a confession by Khalid Sheikh Mohammed, the alleged mastermind behind the September 11 attacks, previously emphasized the U.S. military’s struggle with domestic extremism. He linked this problem to ‘conservative tendencies’ within the ranks exacerbated by ‘extreme right-wing groups.’

Lt. Col. Michael Schrama, an Air Force judge, is managing the military commission handling the 9/11 case. Recently, he dismissed Mohammed’s 2007 confession, citing that it was not voluntary. This ruling could delay the long-awaited trial of the suspected plotter. Instead of commencing in January 2027, Schrama scheduled the trial for June 2028, shortly after the 25th anniversary of the tragic attacks that ended nearly 3,000 lives.

Journalist and author Gerald Posner criticized the decision, describing it as a ‘shameful prelude’ to the 9/11 anniversary. The ruling has reignited interest in a 2023 essay Schrama authored, advocating for a new military legal provision to counteract the growing extremism within military ranks.

The essay, featured in the national security publication “War on the Rocks,” argues for codifying a legal response to the increase in military members involved in extremist activities. Schrama observed this trend firsthand in his role as an active-duty Air Force judge.

Schrama cited a 2021 study by the Center for Strategic & International Studies that found military personnel responsible for 17.6% of domestic terrorism plots and attacks. Additionally, 12% of those charged in the January 6 Capitol riot had military connections, including active-duty service members.

According to Schrama, military institutions develop conservative tendencies isolated from civilian society, making young military members susceptible to extreme right-wing group recruitment. He urged for domestic extremism to be recognized as a crime under the military code to equip commanders to tackle the issue effectively.

Federal prosecutors described Hasson as a domestic terrorist in a 2019 case yet opted for lesser charges due to the absence of a domestic terrorism statute. Schrama pointed to this case to demonstrate the need for codification.

Ronald Flesvig, Military Commissions Convening Authority spokesperson, refrained from commenting on Schrama’s ruling and essay, as the latter was published outside his judicial role.

Khalid Sheikh Mohammed’s trial, alongside co-defendants Walid Muhammad Salih Mubarak bin ‘Atash, Mustafa Ahmed Adam al Hawsawi, and Ali Abdul Aziz Ali, remains stalled in pretrial proceedings. Schrama is the fifth judge on the case since 2025.

In response to Schrama’s recent decision, White House senior advisor Stephen Mueller criticized the judicial system, claiming it favors wrongdoers, including the 9/11 mastermind, over innocent Americans. He condemned the situation as disgraceful and outrageous.

Peter Pinedo writes for Fox News Digital, specializing in politics.