September 10, 2026

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25 Years After 9/11, KSM’s Trial Still Remains Elusive

AP Photo/Janet Hamlin, Pool

A U.S. military judge set new date for accused mastermind of the September 11, 2001, attacks, Khalid Sheikh Mohammed (KSM), and three co-defendants, Walid Muhammad Salih Mubarak bin ‘Atash, Mustafa Ahmed Adam al Hawsawi, and Ali Abdul Aziz Ali to stand trial on June 5, 2028. The scheduling of the trial marks the latest development in the decades-long effort to prosecute in a court of law the alleged architect of the deadliest terrorist attack in American history. However, it is far from certain that, even as we approach the twenty-fifth year anniversary of the attack itself, the proceedings will begin as scheduled, or even at all, much less result in a conviction.

Although the announcement of the new trial date may appear significant, the case has a long and troubled history which has prevented a trial from occurring at a previous date. KSM was captured in Pakistan in 2003 and held in secret CIA detention facilities, or “black sites,” for several years before being transferred to the U.S. military prison at Guantánamo Bay in 2006. He, and the other defendants in the case, were arraigned in 2012, but the case remained in pretrial proceedings ever since. A previous military judge had set a trial date for 2021, but a trial never took place primarily due to the COVID-19 pandemic.

The case appeared to take a turn in July of 2024, when KSM and two other defendants entered into a plea agreement with the Department of Defense (DoD) that, in exchange for pleading guilty, would resolve the case and the defendants would face life sentences in prison rather than the death penalty. Following the signing of the plea deal, prosecutors notified the family members of the nearly 3,000 people who died in the attacks to offer some form of justice and resolution, according to the New York Times. However, just days later, then-Secretary of Defense Lloyd J. Austin III revoked the deal, returning the defendants to the prospect of a capital trial.

The latest trial date is therefore best understood as a potential milestone rather than a guarantee. The current military judge presiding over the case, Lt. Col. Michael Schrama, rejected a request from prosecutors to begin the trial in January of 2027, determining the date to be “unrealistic.” Additionally, the trial starting on the announced date remains entirely contingent on a number of pretrial deadlines. Given that the previous trial date set never occurred and that the case has passed through a number of judges, there is considerable reason to question whether the June 2028 trial date will ultimately mark the next phase of the proceedings.

One of, if not the most, consequential issues revolving around this case is the impact of the U.S. government’s use of torture. Following his capture, KSM was subjected to “enhanced interrogation techniques,” including being waterboarded — now banned under federal law — 183 times, before he was transferred to Guantánamo. Days after the latest trial date was announced, news broke that Judge Lt. Col. Sharma ruled that KSM’s confession to FBI agents in 2007 could not be used in the trial because it was tainted by the CIA’s torture of KSM prior to his arrival at Guantánamo. He stated in his decision: “The prosecution has failed to prove by a preponderance of the evidence that Mr. Mohammad’s statements to the FBI were voluntarily given.” It is not confirmed whether prosecutors will appeal against the ruling; however, if they do, it could delay the trial further.

The timing of the trial date announcement is notable as the United State approaches the twenty-fifth anniversary of the September 11 attacks. This significant anniversary will prompt renewed reflection of that tragic day, including honoring the lives lost and thinking about how the attacks transformed U.S. counterterrorism policy. Yet a quarter-century later, the anniversary marks another year that the United States has still not achieved the justice and accountability against the man accused of conceiving the attacks. Many of the people who lost spouses, parents, children, siblings, and friends on 9/11 have spent over half their lives waiting for justice. The continued absence of a trial and verdict has left many families feeling hopeless that KSM will ever be held accountable. For older family members, some are wary they will not live to see any kind of justice.

While the June 2028 trial date could eventually provide families with the long-delayed opportunity for the case against KSM to finally be adjudicated, the case’s history makes it difficult to trust whether that will occur. Years of pretrial litigation have demonstrated the complexity of this case and the difficulty of bringing it to a resolution. While the latest trial date appears meaningful, it should not be mistaken for a guarantee that the proceedings will occur. Even if the trial does take place, the legal challenges surrounding the case will likely continue to complicate the prosecution’s ability to secure a conviction. For the families who have waited 25 years, the trial date offers some renewed hope that the case may finally move forward, but whether it will ultimately deliver the accountability they have long sought remains uncertain.

The KSM case reinforces that counterterrorism is not simply about finding and neutralizing high-value targets. When terrorists are captured alive, it is crucial to apprehend and interrogate them legally, so that when it comes time for a courtroom trial, these murderers can be held accountable for their heinous crimes. It is inexplicable that two and a half decades after the attack that KSM admitted to planning, he still has not been sentenced, delaying justice and denying it to the families and loved ones of his victims.