The long-awaited trial of Khalid Sheikh Mohammed, the accused mastermind behind the Sept. 11, 2001 terror attacks, as well as three alleged co-conspirators, is scheduled to commence on June 5, 2028. A military judge, Lt. Col. Michael Schrama, made this ruling on Wednesday, rejecting a prosecutor’s bid to start the proceedings in January 2027.
Mohammed and his co-defendants have been detained at Guantánamo Bay since 2003. The case involves nearly 3,000 fatalities from the attacks on the World Trade Center and the Pentagon, along with the crash of United Airlines Flight 93 in Pennsylvania.
“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.
A recent ruling by the court, aiming to address pretrial matters, upheld the importance of having these issues settled before commencing the main trial. The trial will follow a scheduling order designed to achieve timely resolution of various litigation processes.
Jury selection will start on June 5, 2028, with challenges and empanelment of commission members taking place. Thirty days following jury empanelment, opening statements are slated to begin. Defendants may decide to defer their statements until the prosecution concludes its case.
The evidence presentation by prosecutors will directly follow the completion of opening statements. After the prosecution rests, defendants will have 14 days to motion for a not guilty finding under the Rules for Military Commissions. This is followed by 14 days for prosecution to counter, and seven days for defendants to reply.
If the prosecution decides to address any alleged deficiencies due to the motion, they will have 45 days from the end of their primary evidence presentation to do so. Following this, defendants will begin presenting their evidence 60 days after the prosecution’s case-in-chief concludes.
Procedures for both rebuttal and surrebuttal evidence are detailed in the scheduling order, with constraints on extensions or continuances unless good cause is shown.
Years of legal disputes surrounding Mohammed’s prosecution include unsuccessful attempts to settle the case through plea agreements. In 2025, a split decision by the D.C. federal appeals court affirmed that Defense Secretary Lloyd Austin held the authority to withdraw from these plea agreements. The court’s majority sided with Austin, ensuring that the option of capital punishment remains a decision of the secretary of defense.
The trial offers the public and victims’ families the possibility to witness military commission trials undertaken, as noted by Judges Patricia Millett and Neomi Rao in their majority opinion.
Brittany Miller is a reporter with Fox News Digital, previously associated with the Independent. Having graduated from Syracuse University in 2023, she contributes to breaking news coverage.