The trial for Khalid Sheikh Mohammed, who is accused of orchestrating the September 11 attacks, and three alleged co-conspirators is scheduled for June 5, 2028. This decision was made by Military Judge Lt. Col. Michael Schrama, who rejected the prosecution’s request for a January 2027 start.
These defendants have been detained at Guantánamo Bay since 2003. Schrama emphasized the need for completing pretrial matters before the trial, explaining that the earlier requested trial date did not provide enough time for these preparations.
A realistic trial date must account for the hearing and resolution of pretrial evidentiary and compliance motions, including the FBI LHM suppression motions,Schrama stated.
The trial’s scheduling order outlines key deadlines and milestones through June 2028, maintaining current deadlines for ongoing pretrial litigation. Jury selection starts on June 5, 2028. Opening statements will begin 30 days after the jury is empaneled. Defendants have the option to defer their statements until after the prosecution’s presentation of the case.
Following the opening statements, the prosecution will present its evidence. Once finished, the defense will have 14 days to seek a not guilty verdict under military commission rules. The prosecution then has 14 days to respond, with an additional seven days for the defense to reply. The prosecution can address any alleged issues by reopening their case within 45 days after the initial evidence presentation.
The defendants are scheduled to present their evidence 60 days after the prosecution concludes. Procedures for rebuttal, surrebuttal evidence, and additional motions for not guilty findings are established. Absent good reason, extensions or continuances on these motions will not be granted.
The trial date follows numerous legal disputes and a failed attempt to settle through plea agreements. In 2025, a federal appeals court ruled that then-Defense Secretary Lloyd Austin could withdraw from plea deals that would have meant life sentences without parole, potentially excluding the death penalty. Austin argued that the Secretary of Defense should decide on capital punishment being an option. Judges Patricia Millett and Neomi Rao affirmed his authority, stating, The families and the American public deserve the opportunity to see military commission trials carried out.
Khalid Sheikh Mohammed, a Pakistani national, allegedly led the 2001 plot where hijackers crashed planes into the World Trade Center and the Pentagon. Another hijacked plane crashed in Pennsylvania. This 2028 date provides a timeline for a case that faces prolonged pretrial proceedings as the military commission navigates evidence and legal issues.
