Khalid Sheikh Mohammed, identified as the chief architect behind the September 11 attacks, along with three alleged accomplices, is finally set to face trial in 2028. This development comes after years of stagnation in their case, which one analyst has described as a “Frankenstein’s zombie court” scenario due to its drawn-out procedures.
On Wednesday, a military judge announced that the long-anticipated trial would begin on June 5, 2028, establishing essential deadlines to push the proceedings forward. The decision is a bittersweet moment for families of the victims, as Mohammed and his fellow defendants have been confined at the Guantánamo Bay detention facility in Cuba for over 20 years.
According to Michael Lebowitz, who formerly worked as a prosecutor for the Guantánamo military commissions, the main hindrance isn’t the evidence against the accused but rather the system itself.
Since 2003, Khalid Sheikh Mohammed has been detained at Guantánamo Bay. He, along with three alleged co-conspirators, is now expected to face trial in June 2028—nearly 30 years after the 9/11 attacks. (Getty Images)
“The issues lie in the system’s development and evolution, as well as with Guantánamo Bay itself,” Lebowitz explained to News Media. He remarked that while Gitmo serves as a serviceable, though pricey, venue for holding suspected war criminals and even migrants, these systemic challenges persist.
“The problem is that we used to call it the traveling circus because, in order to even conduct the smallest court hearing, everybody has to go to Washington, D.C., and get on an airplane,” he continued. “I’m talking judges. I’m talking prosecutors, defense counsel, witnesses and court people.”
The case of Mohammed, as well as Walid bin Attash, Mustafa al-Hawsawi and Ammar al-Baluchi, has been delayed for decades amid lengthy legal wrangling, including failed efforts to resolve the case through plea agreements.
The 2028 date sets a timetable for a case that has remained in pretrial proceedings for years as the military commission has addressed disputes over evidence and other legal issues before a trial on the merits can begin, News Media previously reported.
This Jan. 21, 2009 sketch reviewed by the U.S. military, shows, from top left, Khalid Shaikh Mohammad; Walid bin Attash; Ramzi bin al Shibh; Ali Abdul Aziz Ali, also known as Ammar al Baluchi, and Mustafa al Hawsawi attend a hearing at the U.S. Military Commissions court for war crimes at the U.S. Naval Base in Guantanamo Bay, Cuba. (AP Photo/Janet Hamlin, Pool)
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Mohammed, a Pakistani citizen, is accused of masterminding the attacks in which hijackers crashed commercial airliners into the World Trade Center in New York City and the Pentagon. A fourth hijacked plane, United Airlines Flight 93, crashed in Pennsylvania after passengers attempted to overtake the hijackers.
The case has had more than 10 judges, Lebowitz said, meaning lawyers have had to keep relitigating the same “mundane” issues. Lebowitz, an Army veteran, participated in a number of cases in Guantanamo, including the 9/11 case and the bombing of the USS Cole.
“What I found was that the way the system has kind of been set up and how it evolved and turned into, it’s essentially a candy store for defense lawyers, where the judges don’t have teeth to control the courtroom like you would in federal court,” he said. “It just goes from there where defense lawyers can really grease up the system and grease up the gears and really grind it to a halt.”
One issue prosecutors will have to iron out is whether to seek the death penalty, Lebowitz said. Even if Mohammed and the other suspected terrorists are condemned to death, it’s highly unlikely to be upheld, he said.
Two flags flutter on a fence in front of lower Manhattan and One World Trade Center at the Tear Drop 9/11 Memorial at sunset on June 13, 2026, in Bayonne, New Jersey. (Gary Hershorn/Getty Images)
“You’re dealing with cases where, essentially, the defense lawyers would put the CIA on trial for their treatment of detainees after 9/11,” he noted.
Despite some of the suspected 9/11 suspects finally getting their day in court, families of the victims also want Saudi Arabia to be held responsible.
“I think we’d ask the same question about the case against the Kingdom of Saudi Arabia, whose agents supported al-Qaeda and the terrorist hijackers, too, after they arrived in the U.S., Terry Strada, national chair of 9/11 Families United, told News Media.
In 2024, Mohammed, bin Attash and al-Hawsawi agreed to admit their roles in the terror attacks in exchange for serving life sentences and avoiding the death penalty. While some 9/11 families supported the idea, others blasted the deal.
Amid the criticism, the Biden administration withdrew the plea deal, resulting in more litigation.