Military Judge Sets June 2028 Trial Date for Alleged 9/11 Mastermind and Three Co-Conspirators

The order, issued by the presiding military judge, schedules the trial for June 2028 for Mohammed, Walid bin Attash, Ramzi bin al-Shibh, and Mustafa al-Hawsawi. All four have been held at the U.S. naval base in Guantánamo Bay, Cuba, since 2003, following their capture in the early 2000s. They face charges including conspiracy, murder in violation of the laws of war, hijacking, and terrorism for their alleged roles in the attacks that killed nearly 3,000 people.

Over the past two decades, the case has been mired in procedural disputes, challenges to the admissibility of evidence, and questions about torture—Mohammed and others were subjected to CIA enhanced interrogation techniques, including waterboarding. The Obama administration sought to try the defendants in federal civilian court in New York, but Congress blocked the move, forcing the case back to the military commission system. The long-running pre-trial phase has seen dozens of hearings, changes of judges, and repeated delays due to legal challenges over the commission's constitutionality and the defendants' treatment.

Wednesday's order sets a concrete timeline, though many legal observers expect additional delays as pre-trial motions continue. The judge declined to specify whether a jury would be used or whether the commission would proceed with a military panel. Victims' family members have expressed mixed reactions—some welcome the prospect of closure, while others remain skeptical that a trial will ever reach a verdict. Defense attorneys argue that their clients' years of detention and interrogation render a fair trial impossible, and they have raised concerns about the reliability of testimony obtained under duress.

The trial date is still two years away, and either side may seek further extensions. The military commission system has faced persistent criticism from human rights groups, who argue it lacks the independence and due process guarantees of federal courts. The Biden administration has said it supports closing Guantánamo Bay but has taken no major steps to do so. The case remains one of the most significant and protracted terrorism prosecutions in U.S. history.

Why This Matters

Closure for victims' families: After 25 years, families of those killed on 9/11 may finally see a trial and verdict, though many have already died waiting.
Precedent for military commissions: A trial would either validate or further undermine the legitimacy of the U.S. military commission system, especially given the torture allegations.
International implications: The handling of these defendants has been a flashpoint in global debates about the balance between national security and human rights, and a trial could affect U.S. credibility.

Background

The four defendants were captured in 2002-2003 and initially held in secret CIA black sites before being transferred to Guantánamo Bay in 2003. They were charged in 2008 under the Military Commissions Act. President Obama ordered the closing of Guantánamo in 2009, but Congress blocked transfers of detainees to U.S. soil, effectively preventing civilian trials. The case has since moved through the commission system with repeated delays over finalizing charges, competency evaluations, and evidence suppression motions. In 2012, the defendants refused to enter pleas, and later engaged in disruptive behavior during hearings. The timeline has been criticized by both detainee advocates—who say the system is broken—and by national security hawks who argue the process is too slow.

Key Perspectives

Victims' families, pro-trial: Many family members have called for a trial to provide a full accounting of the attacks, though some believe the defendants should face military justice quickly rather than endless delays. Defense attorneys and human rights groups: Arguing that the military commission is a flawed system that cannot produce fair trials, especially after years of torture. They claim any conviction would be tainted and vulnerable to appeal. National security officials: Emphasize the need to demonstrate U.S. resolve and accountability, even if the process is imperfect. Some argue the defendants should have been tried years ago and that further delays only benefit the accused.

What to Watch

Pre-trial motions on admissibility of evidence, including confessions obtained after torture, could lead to significant rulings or appeals.
Both sides may seek plea deals; the defense has previously floated the idea of guilty pleas in exchange for avoiding the death penalty.
Changes in U.S. administration after the 2028 election could alter the political environment around Guantánamo and the prosecution.

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