Where the Case Against the Alleged 9/11 Plotters Stands
Wertynews.com – Where the case against the alleged 9/11 plotters stands remains a painful question nearly 25 years after the September 11, 2001, attacks killed almost 3,000 people. The four men accused of helping organize the operation have not gone to trial, and jury selection at the military commission in Guantánamo Bay is now scheduled to begin June 5, 2028.
The revised schedule followed a military judge’s decision to reject prosecutors’ request to begin the trial in January 2027. For relatives of those killed, another delay prolongs a process marked by pretrial hearings, contested evidence and repeatedly shifting deadlines.
“There’s significant frustration,” Gordon Felt, president of Families of Flight 93, said. “We’ve yet to see justice or accountability. The trials are still in a pre-trial phase at Guantanamo … that’s been dragging on endlessly.”
Felt’s brother, Edward Felt, was among the passengers aboard United Flight 93. The 40 passengers and crew members fought the hijackers before the plane crashed in Pennsylvania, preventing it from reaching its intended target.
Four Defendants Are Expected to Be Tried Together
The joint capital case involves Khalid Sheikh Mohammed, Walid bin Attash, Ammar al-Baluchi, also known as Ali Abdul Aziz Ali, and Mustafa al-Hawsawi. Prosecutors are seeking the death penalty on charges that include conspiracy, terrorism, hijacking, murder and murder in violation of the law of war.
A fifth defendant, Ramzi bin al-Shibh, was removed from the case after a military judge ruled that he was not mentally fit to stand trial.
Mohammed, frequently called KSM, is accused of being the chief architect of the plot to seize commercial aircraft and use them as weapons against the World Trade Center and the Pentagon. He was captured in Pakistan in 2003, held in secret CIA custody for years and transferred to Guantánamo in 2006.
Custody and Evidence Remain Central Legal Issues
Where the case against the alleged defendants has been delayed most sharply is in disputes over evidence obtained after their CIA detention. Statements made by Mohammed while in U.S. custody are important to the prosecution, while defense lawyers have challenged whether those statements and related evidence can be admitted.
The litigation has also reflected the unusual structure of military commissions. Rather than prosecute the men in civilian federal court, the United States chose a war-crimes system developed during the Bush administration for terrorism suspects accused of war crimes.
Michael Lebowitz, a former Justice Department national-security attorney and combat veteran who spent about a decade as a Guantánamo prosecutor on the 9/11 case, has described the commission process as especially complicated. He also worked on cases involving the USS Cole bombing and senior al Qaeda figures.
“The government completely switched from the law enforcement toolkit into the military option,” Lebowitz said.
The system has been affected by congressional action, Supreme Court decisions, disputes over classified information and frequent personnel changes. Air Force Lt. Col. Michael Schrama is the fifth judge assigned to the prosecution since the defendants were arraigned in 2012.
That arraignment lasted 13 hours, which Lebowitz called the longest arraignment in American history. It was followed by years of arguments over procedure, security, evidence and the military commission’s authority.
The Federal Court Plan Was Abandoned
The prosecution was not always expected to stay at Guantánamo Bay. In 2009, Attorney General Eric Holder announced plans to try Mohammed and four co-defendants in federal court in Manhattan. The Obama administration said civilian courts could handle major terrorism cases while providing a fair trial.
Political resistance grew after Ahmed Khalfan Ghailani, another Guantánamo detainee, was tried in federal court over his alleged role in the 1998 U.S. embassy bombings in East Africa. Ghailani was convicted on one conspiracy count and sentenced to life in prison, but acquitted on more than 280 other conspiracy and murder counts.
The verdict intensified debate over whether terrorism defendants should face civilian or military trials. Congress later restricted transfers of Guantánamo detainees into the United States for prosecution, effectively ending the Manhattan trial plan.
What Happens Next in the 9/11 Military Commission Case
Where the case against the alleged 9/11 plotters ultimately goes from here depends on whether the commission can resolve the remaining pretrial issues and keep its 2028 schedule. The trial has yet to begin, and further legal challenges could still affect its timing.
FAQ: The Guantánamo 9/11 Trial
When is jury selection scheduled to begin? Jury selection is scheduled to start June 5, 2028, at the Guantánamo Bay military commission.
How many defendants remain in the case? Four defendants remain: Khalid Sheikh Mohammed, Walid bin Attash, Ammar al-Baluchi and Mustafa al-Hawsawi.
Why has the case taken so long? The delays involve extensive pretrial litigation, challenges to evidence connected to CIA detention, classified-information issues, procedural disputes and changes in judges and personnel.
What punishment are prosecutors seeking? Prosecutors are pursuing the death penalty against the four remaining defendants.