Military Judge Rules KSM’s Statement Inadmissible

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The trial of the planners of the September 11, 2001 attacks is scheduled to begin on June 5, 2028, despite the prosecutors' initial request for a January 2027 start date. The delay is due to several pretrial proceedings, including the determination of which evidence is admissible.

The defendants will be tried by a U.S. military commission, as part of the Military Commissions system established by the Bush administration after the attacks and subsequently regulated by Congress. The proceedings are being held at the Guantanamo base. As of today, the presiding judge, the fifth to oversee this proceeding, is Lieutenant Colonel Michael Schrama of the U.S. Air Force.

The defendants are:

• Khalid Shaikh Mohammed: the principal planner.
• Ammar al-Baluchi: whose role was to send money to the hijackers while they were in the U.S. through wire transfers from the UAE.
• Walid bin Attash: a combat trainer of al-Hazmi and al-Mihdhar, he had also conducted dry runs of aviation security in Asia.
• Mustafa al-Hawsawi: organizer of travel and money transfers.

In August of this year, Judge Schrama ruled inadmissible the statement given by Khalid Shaikh Mohammed to the FBI in 2007 because it had not been obtained voluntarily, but under torture by the CIA. The FBI also allegedly failed to inform Khalid Shaikh Mohammed that he had the right to remain silent and consult an attorney. In 2025, the previous judge, Matthew N. McCall, had ruled al-Baluchi's testimony inadmissible for similar reasons. The same McCall ruled in 2023 that the designated fifth defendant, Ramzi bin al-Shibh, coordinator of the Hamburg cell, was unable to stand trial because of post-traumatic stress disorder caused by the torture inflicted during his interrogations.

The New York Times reports that the leader of the prosecution team, Rear Admiral Aaron C. Rugh, said in a press communication that he and his colleagues are considering whether to appeal the decision to exclude Khalid Shaikh Mohammed's testimony, which is obviously a very valuable weapon in the hands of the prosecution. An appeal could cause a further delay to the trial date.

It unfortunately therefore appears clear that the extreme interrogation techniques adopted by the CIA and the Bush administration did not contribute to finally bringing the planners of the attacks to trial, but instead significantly slowed the course of justice and continue to obstruct it. Moreover, this is not the first time the five defendants have been brought before a military commission: the first time was in 2008 at Guantanamo. In 2009, the Obama administration announced its intention to try them in a federal court in New York, but the proceedings did not take place, and in 2011 the case was once again referred to the military commissions. The wait could become even longer.

Sources:

• New York Times, August 26, 2026
• New York Times, August 28, 2026
• Washington Post, August 26, 2026
• New York Post, August 28, 2026
• Lawdragon, August 28, 2026