The U.S. Supreme Court on Monday rejected an appeal from Khalid Sheikh Mohammed and two co-defendants, clearing the way for a military commission trial where the death penalty remains a possible punishment. The decision removes a legal roadblock for the long-delayed proceedings.
The Collapse of the 2024 Plea Agreements
Khalid Sheikh Mohammed, Mustafa Ahmed al-Hawsawi, and Walid bin Attash sought to force the federal government to honor plea deals negotiated in 2024. Those agreements, approved by a military commission judge, would have spared the men the death penalty in exchange for guilty pleas and life sentences.
Days after the arrangement was finalized, then-Lloyd Austin revoked the agreements, arguing he held the authority to do so. While military courts initially ruled against him, the U.S. Court of Appeals for the District of Columbia Circuit ruled in favor of the government in a subsequent decision. That ruling prompted the defendants to bring their case to the Supreme Court, arguing the appeals court lacked the authority to intervene.
The Supreme Court declined to hear the appeal, leaving the appeals court ruling intact. The decision exposes the defendants once more to capital punishment before a military tribunal.
Guantánamo Detention and the Torture Question
Held at the U.S. naval base at Guantánamo Bay, Cuba, since 2006, Mohammed stands accused of masterminding the plot to fly hijacked commercial airplanes into the World Trade Center and the Pentagon on September 11, 2001. A fourth hijacked plane crashed into a field in Pennsylvania. Nearly 3,000 people died in the attacks.
The prosecution’s path has faced severe complications. A primary obstacle centers on evidence and confessions gathered through CIA torture techniques. Before arriving in Guantánamo, Mohammed was held in secret CIA prisons, including facilities in Poland, where he endured harsh interrogation methods. Military judges previously ruled some of these coerced statements inadmissible.
| Defendant | Alleged Role | Detention Status |
|---|---|---|
| Khalid Sheikh Mohammed | Accused mastermind / planner | Guantánamo Bay since 2006 |
| Walid bin Attash | Co-defendant | Guantánamo Bay |
| Mustafa Ahmed al-Hawsawi | Co-defendant | Guantánamo Bay |
| Ammar al Baluchi (Ali Abdul Aziz Ali) | Co-defendant (did not join appeal) | Guantánamo Bay |
A Military Trial Scheduled for June 2028
With the Supreme Court declining to intervene, military judge Lieutenant Colonel Michael Schrama set the start of the trial for June 5, 2028. The proceedings will take place nearly 27 years after the attacks.
A fourth co-defendant designated for trial, Ali Abdul Aziz Ali, did not participate in the latest appeal. Meanwhile, public pain and scrutiny persist outside the courtroom. During anniversary ceremonies at Ground Zero, family members of victims continued to voice demands for accountability regarding the tragedy.
