Twenty-five years have passed since the tragic events of September 11, 2001, taking nearly 3,000 lives. Families of the victims are facing the daunting possibility that justice for the accused plotters might remain elusive. A military judge has scheduled the trial for Khalid Sheikh Mohammed and three co-defendants to commence on June 5, 2028, but this date is tentative.
John Ryan, a former chief with the Port Authority Police who worked on the recovery operation at Ground Zero, expressed the pain these delays cause, particularly during anniversaries. Legal challenges, including a recent ruling preventing prosecutors from using confessions Mohammed made to FBI agents, complicate the prosecution.
Victims’ families have endured years of litigation over evidence obtained under coercion during CIA custody, changes in military judges, and multiple unresolved pretrial motions. Ryan, now affiliated with the FBI-led Joint Terrorism Task Force, highlights the frustration over the lack of convictions for those held at Guantánamo Bay.
Mohammed and three other defendants have been held without trial for years. A fifth defendant, Ramzi bin al-Shibh, is being handled separately due to mental incompetence. A military judge barred statements from Mohammed to FBI agents in 2007, citing coercion in U.S. custody. An appeal was waived to protect the trial date.
The trial date was set 18 months after a proposed January 2027 start to allow time to resolve pending legal disputes; this case has seen five military judges since its inception in 2012. Families, like Sean Passananti, who lost loved ones on 9/11, feel disconnected from the enormity of the crime over time.
Passananti attends memorial ceremonies regularly, while Dennis McGinley, who lost his brother, describes ongoing grief as an unhealing wound. The effort to bring the accused to justice is hindered by various complications, including transformative interrogations by the CIA.
Captured in 2003, Mohammed was held at secret CIA locations before his transfer to Guantánamo in 2006. Defense attorneys argue that evidence obtained after torture cannot be considered voluntary, causing significant legal obstacles. The recent exclusion of Mohammed’s FBI statements represents another challenge.
The prosecution has been repeatedly disrupted by judge changes and external factors, like the coronavirus pandemic. Failed plea deals have contributed to delays. In 2024, plea agreements were withdrawn by then-Defense Secretary Lloyd Austin, thwarting attempts to secure guilty pleas.
Earlier, the Obama administration considered prosecuting the plotters in federal court, a plan later abandoned due to logistical concerns. The accused continue to age in detention, funded by taxpayers, without yielding a verdict.
A civil lawsuit by 9/11 families against Saudi Arabia runs parallel to the criminal case. The civil case could provide insights into the support behind the plot, focusing on alleged assistance from Saudi operatives. The central charges remain focused on the accused plotters at Guantánamo.
Ryan notes the generational shift among victims’ families—those who were children during the attacks are now adults, while older relatives worry about not living to see justice. If the trial proceeds as scheduled, it will begin on June 5, 2028, nearly 27 years post-attack.
Ryan emphasizes the need for a timely justice system focused on victims rather than the accused.
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