More than twenty-six years after commercial airliners struck the World Trade Center, the Pentagon, and a field in Shanksville, Pennsylvania, the legal system is still trying to get off the starting block. A U.S. military judge has officially scheduled the trial for Khalid Sheikh Mohammed, the alleged architect of the September 11 attacks, for June 5, 2028.
If that date sounds ridiculously far away, you aren't alone in thinking so. Air Force Lt. Col. Michael A. Schrama set the summer 2028 window after throwing out a prosecutor-requested start date of January 2027, calling it completely unrealistic. Mountains of unresolved pretrial motions, fierce arguments over classified evidence, and the toxic legal legacy of post-9/11 interrogation methods guarantee that this case will crawl forward rather than sprint.
Why the Trial is Still Years Away
You might wonder why a case involving events from 2001 still lacks a completed trial. Honestly, the delay comes down to a fundamental constitutional collision between military commission rules and the harsh reality of how these defendants were treated after their capture.
Mohammed has been in U.S. custody since his capture in Pakistan in 2003. Before arriving at the Guantanamo Bay detention camp in Cuba, he spent years moving through secretive CIA "black sites". During that time, he was subjected to severe interrogation tactics, including waterboarding.
That history creates an ongoing nightmare for prosecutors. The central legal roadblock revolves around a simple question: Can statements or confessions obtained through torture be admitted as voluntary evidence in a court of law? Defense attorneys argue that the government wants to bury the details of those black-site abuses. Until judges settle what evidence makes the cut, a jury cannot be seated.
The Collapsed Plea Deal That Changed Everything
The 2028 trial date arrived on the calendar because other options literally collapsed. Just months prior, the legal landscape looked entirely different. Prosecutors, defense teams, and the official overseeing the Pentagon war court spent two years negotiating a massive plea agreement.
Under that agreement, Mohammed and two co-defendants—Walid bin Attash and Mustafa al-Hawsawi—would have pleaded guilty. In exchange, they would have accepted life imprisonment without parole, taking the death penalty off the table. The deal also required them to answer direct questions from family members of the victims regarding the planning of the attacks.
It looked like closure was finally coming. Then political backlash hit.
Following heavy criticism from lawmakers, the Pentagon pulled its support, and federal appeals courts ultimately rejected the negotiated deals. With plea bargaining dead, the military commissions were forced back onto the grueling path toward a full capital trial.
Who Else is Standing Trial
Mohammed isn't facing this alone. Three co-defendants remain detained alongside him at Guantanamo Bay and will sit at the defense table if the 2028 date holds:
- Walid bin Attash: Accused of helping train the hijackers and procuring travel documents.
- Ali Abdul Aziz Ali: Also known as Ammar al-Baluchi, accused of handling financial logistics for the hijackers.
- Mustafa Ahmed al-Hawsawi: Accused of managing funds and logistical support for the operatives.
All four face military commission charges that carry the death penalty.
Can You Trust the 2028 Date?
Probably not completely. Judges have penciled in trial dates before, only to watch them vanish. A previous schedule targeted a 2021 start, which dissolved amid unending litigation and pandemic-era disruptions.
Judge Schrama's 11-page scheduling order lays out an aggressive roadmap of deadlines, but he openly acknowledges that everything depends on both sides complying with strict compliance milestones. If attorneys continue filing endless motions over classified material, expect another pushback.
For the families of the nearly 3,000 people killed on September 11, 2001, this latest update offers little immediate comfort. The pursuit of legal accountability for the worst terrorist attack on American soil drags onward into its third decade, bogged down by the very system designed to prosecute it.