Full Breakdown
25-Year Wait for 9/11 Guantanamo Trials
By Drooid · · How we work
The Stalled Military Commissions
Five al-Qaida operatives—including Khalid Sheikh Mohammed, the self-described architect of the September 11, 2001 attacks—remain detained at Guantánamo Bay without trial. A military judge set June 5 2028 as the next trial date for Mohammed, Walid bin Attash, Mustafa al-Hawsawi and Ali Abdul Aziz Ali (Ammar al-Baluchi). A recent ruling excluded Mohammed’s 2007 confession as involuntary, and prosecutors have declined to appeal. The case has been delayed repeatedly since the detainees were transferred in September 2006.
Background & Context
The men were captured in Pakistan (2002-2003) and subjected to CIA “black-site” interrogations, including waterboarding. A 2014 Senate report documented 183 waterboarding sessions for Mohammed. After the Bush administration chose military tribunals, the suspects were arraigned in 2008. Subsequent administrations have wrestled with the admissibility of confessions obtained under torture and turnover among tribunal personnel.
Timeline
| Year | Event |
|---|---|
| 2002-2003 | Capture in Pakistan. |
| Sep 2006 | Transfer to Guantánamo. |
| 2008 | Formal arraignment. |
| 2023 | Ramzi bin al-Shibh declared mentally unfit. |
| 2024 | Plea deal reached, later invalidated. |
| 2026 (last month) | Judge set June 5 2028 trial date; excluded Mohammed’s confession. |
| 2026 (recent) | Prosecutors decided not to appeal. |
Data & Statistics
- Five high-value detainees remain in Guantánamo.
- 183 waterboarding sessions reported for Mohammed.
- Only one conviction related to the attacks—Zacarias Moussaoui’s 2005 guilty plea—has been secured in federal court.
Official Statements & Responses
The Office of the Chief Prosecutor confirmed that prosecutors will not appeal the ruling on Mohammed’s confession. Judge Lt. Col. Michael Schrama has yet to rule on the confessions of bin Attash and al-Hawsawi. Defense-department and tribunal officials declined comment on families’ criticism of the prolonged process.
Criticism & Opposition
Families of the victims remain divided over the 2024 plea deal that would have spared the death penalty. Some welcomed any resolution; others insist capital punishment is the only appropriate consequence. Relatives describe the delays as a continual source of anguish and a barrier to closure.
Verbatim Quotes
- “It is another example of the government's failure to prosecute these detainees,” — Brett Eagleson
- “We still do not have truth, accountability, or closure,” — Angela Mistrulli
- “It is unconscionable that 25 years later, there still has not been a trial, and we have to wait another two years,” — Carol D’Allara
Conflicting Reports & Gaps
- Plea-deal perspective: US-news sources note some families applauded the 2024 agreement, while other outlets highlight strong opposition from families demanding the death penalty.
- Evidence admissibility: Mohammed’s confession remains excluded; the status of bin Attash’s and al-Hawsawi’s confessions is unresolved, leaving a critical evidentiary gap.
Why It Matters
The inability to bring the alleged 9/11 plotters to trial hampers families’ pursuit of “truth, accountability, or closure.” The case tests the United States’ capacity to balance national-security concerns, legal standards for evidence obtained under coercion, and defendants’ rights in a high-profile terrorism prosecution. The outcome will influence future policy on handling high-value detainees and the use of military commissions versus civilian courts.
