Trial Date Set for 9/11 Mastermind Khalid Sheikh Mohammed

Khalid Sheikh Mohammed, the accused planner of the September 11 attacks, and three alleged co-conspirators will have their trial in June 2028 as decided by a military judge. Lt. Col. Michael Schrama chose this date, dismissing the prosecution’s proposal for January 2027.

Mohammed and the others have been detained at Guantánamo Bay since 2003 due to the attacks that led to nearly 3,000 deaths. Schrama emphasized that the earlier proposed trial date was insufficient for resolving outstanding pretrial issues. These include FBI LHM suppression motions.

“A realistic trial date must account for the hearing and resolution of pretrial evidentiary and compliance motions,” Schrama stated.

The scheduling order outlines deadlines and milestones leading to the June 2028 trial, maintaining current deadlines related to ongoing pretrial litigation.

The order sets jury selection, including assembly, challenges, and empanelment of commission members, to begin on June 5, 2028. Opening statements are planned 30 days after the jury is empaneled, with the defendants allowed to defer their statements until the prosecution finishes presenting their case.

Following the opening statements, prosecutors will start presenting evidence immediately. Once they are finished, the defendants have 14 days to seek a finding of not guilty under Military Commissions rules. The prosecution will then have 14 days to respond with an additional seven days available for the defendant to reply. Prosecutors, if addressing a deficiency raised, are given 45 days post-initial evidence presentation to reopen their case.

Sixty days after prosecutors conclude their case-in-chief, the defendants will start presenting their evidence. Rebuttal, surrebuttal evidence, and additional motions for findings of not guilty are outlined in the order.

“Absent good cause, the commission will not grant extensions or continuances involving motions for findings of not guilty or the presentation of rebuttal or surrebuttal evidence,” wrote Schrama.

The trial date follows extensive legal discussions over Mohammed and co-defendants’ prosecution, including unsuccessful attempts to settle with plea agreements.

A federal appeals court ruled in 2025 that then-Defense Secretary Lloyd Austin could withdraw from plea agreements offering Mohammed and two others life sentences without parole, opting instead for military trials. The D.C. Circuit ruled 2-1 that Austin was legally correct in this decision.

“The Secretary acted within the bounds of his legal authority, and we decline to second-guess his judgment,” Judges Patricia Millett and Neomi Rao wrote.

Mohammed, a Pakistani national, is accused of orchestrating the 9/11 plot where hijackers crashed planes into the World Trade Center and Pentagon, with one plane crashing in Pennsylvania.

The 2028 trial date sets plans for the long-delayed case, addressing evidence and legal issues before a full trial can commence.