Guantanamo military tribunal trial set for June 2028 in September 11 case

Guantanamo Bay, Cuba. A U.S. Air Force judge has ordered Khalid Sheikh Mohammed, accused of masterminding the September 11, 2001, attacks, and three co-defendants to stand trial before a military tribunal beginning in June 2028.

The scheduling order is the latest development in a military prosecution involving four detainees that has faced two decades of legal deadlock.

Trial timetable

Air Force Lieutenant Colonel Michael Schrama ordered Mohammed, Walid Muhammad Salih Mubarak bin ‘Atash, Mustafa Ahmed Adam al Hawsawi and Ali Abdul Aziz Ali to stand trial from June 5, 2028.

The proceedings will begin with the selection of a panel composed entirely of service members who will act as the jury under military justice rules.

Opening statements are scheduled to begin 30 calendar days after the panel is seated. Prosecutors will then present their evidence, after which the defendants may file motions seeking findings of not guilty.

The order allows both sides to argue and respond to those motions and permits prosecutors to reopen their case. The defence will begin presenting its main evidence 60 calendar days after the prosecution concludes its case.

Plea agreement ruling

Last month, a U.S. appeals court declined to allow Mohammed and two co-defendants to plead guilty under agreements that would have spared them the death penalty.

The appeals court decision reversed rulings by a military judge and the U.S. Court of Military Commission Review that had supported the plea deal.

The agreements were offered and accepted last year by the official overseeing the Pentagon’s Guantanamo war court. They were revoked in August by then-Defence Secretary Lloyd Austin following criticism from Republican lawmakers.

Pretrial proceedings

Schrama rejected a prosecution proposal to begin the trial in January 2027, finding that the timetable would provide insufficient time to resolve pretrial evidentiary and compliance motions.