At a Glance:

• Proceedings against Khalid Sheikh Mohammed and three co-defendants are set to start June 5, 2028.
• Air Force Lt. Col. Michael A. Schrama rejected a proposed January 2027 start to allow time for complex pretrial disputes.
• Mohammed faces trial alongside Walid bin Attash, Ali Abdul Aziz Ali, and Mustafa al-Hawsawi.
• Additional time is required to settle key evidentiary disagreements before jury selection.

A U.S. military judge has officially scheduled a June 5, 2028, trial date for Khalid Sheikh Mohammed and three alleged co-conspirators accused of planning the September 11, 2001, terrorist attacks. The order pushes the opening of proceedings 18 months beyond the January 2027 start requested by prosecutors, adding to a decades-long legal effort to prosecute the accused plotters held at Guantanamo Bay, Cuba.

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Key Statements and Focus Area:

• Reasoning for Trial Postponement:"A realistic trial date must account for the hearing and resolution of pretrial evidentiary and compliance motions." — Air Force Lt. Col. Michael A. Schrama in his scheduling order.
• Conditional Timeline:"The scheduling order establishes a series of deadlines and milestones... establishing milestones leading to a trial on the merits starting on Monday, 5 June 2028." — Military Commission Scheduling Order.

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Evidentiary Disputes Push Start to 2028

In his 11-page order, Lt. Col. Schrama outlined that the June 2028 start is necessary to resolve extensive motion practice, specifically surrounding what evidence prosecutors can present during the capital trial. Under the established schedule, jury selection involving a panel of U.S. military service members will begin on June 5, 2028, with opening statements to follow 30 days after the panel is empaneled. Defense teams will subsequently have 60 days following the prosecution's case-in-chief to begin presenting their defense.

Collapse of Earlier Plea Agreements

The ruling comes after a federal appeals court threw out negotiated plea deals that would have allowed Mohammed and two co-defendants to plead guilty in exchange for life sentences without parole, sparing them the risk of execution. While the agreement had been negotiated over two years—and included provisions requiring the defendants to answer questions from 9/11 victims' families—the Biden administration subsequently repudiated the deal, forcing the case back into military tribunal proceedings.

FYI

Setting a formal trial date highlights the enduring legal and procedural complications surrounding military commissions at Guantanamo Bay. Delayed repeatedly over more than two decades by legal challenges regarding CIA interrogation methods and classified evidence handling, the trial remains tentative, contingent upon both parties meeting rigorous preliminary deadlines over the next two years.

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