Judge’s Decision on 9/11 Case Sparks Criticism and Debate Over Domestic Extremism

The judge who overturned Khalid Sheikh Mohammed’s confession, related to the Sept. 11 attacks, had previously expressed concerns about rising extremism within the U.S. military. Lt. Col. Michael Schrama, an Air Force judge specializing in military and environmental law, now presides over the military commission for the 9/11 case. Last week, Schrama dismissed Mohammed’s 2007 confession, citing that it was not obtained voluntarily. This decision complicates the efforts to bring the alleged mastermind to trial, which has faced delays for decades.

The trial date has been postponed to June 2028, despite a request to begin in January 2027. This ruling, not initially publicized, received criticism. Journalist Gerald Posner commented that the decision was a ‘shameful prelude to the 9/11 anniversary.’ Additionally, scrutiny of Schrama’s work highlighted a 2023 essay he authored, suggesting the creation of a legal code addressing military extremism.

In his essay published in ‘War on the Rocks,’ Schrama argued for changes in the military legal framework due to a ‘rising population of military members engaging in extremist activities.’ This includes a proposal to codify domestic extremism as a crime under military law. Schrama highlighted a 2021 study from the Center for Strategic & International Studies. It indicated that military personnel accounted for 17.6% of domestic terrorism incidents.

Further illustrating his points, he referenced the January 6 Capitol riot. Approximately 12% of those charged had military backgrounds. Schrama noted the military’s ‘conservative tendencies,’ which may predispose members to extremist influences. He asserted that current legal structures lack provisions to adequately address domestic extremism.

He also cited a 2019 incident involving a Coast Guard officer convicted of gun and drug charges. Despite allegations of plotting violent acts, the officer faced minor charges, highlighting the absence of a dedicated domestic terrorism statute.

Ronald Flesvig of the Military Commissions Convening Authority refrained from commenting on Schrama’s ruling or essay. Meanwhile, White House senior advisor Stephen Mueller criticized the judicial system, accusing it of failing to protect Americans while safeguarding perpetrators of violence.