Trial remains elusive for purported mastermind accused of plotting 9/11 attacks

News

Trial remains elusive for purported mastermind accused of plotting 9/11 attacks

2026-09-11 12:50 Last Updated At：13:00

NEW YORK (AP) — Two decades after U.S. authorities locked Khalid Sheikh Mohammed away at a military detention center in Cuba, the purported mastermind of the Sept. 11 attacks sometimes seems barely any closer to being put on trial than the day he arrived.

A judge recently set a 2028 date for Mohammed to finally be tried before a military tribunal, but some lawyers predict it will never happen — not that year or any other year. They say the maze of legal issues that arose because Mohammed was tortured following his 2003 capture in Pakistan is too twisted to ever be straightened out.

A fleeting bid to put him on trial in a civilian court in New York City was shouted down years ago over security concerns.

A plea agreement that would have kept Mohammed imprisoned for life, but spared him from a possible execution, began to collapse shortly after it was announced in 2024, and finally died for good last year.

“It’s all contaminated by politics and the lack of accountability on torture,” said Joshua Dratel, an attorney who played a part in assuring that Mohammed has proper legal representation.

In late August, the U.S. military judge who set a June 5, 2028, trial date for Mohammed and three others charged in the Sept. 11 attacks ruled that prosecutors could not use an alleged confession he made to the FBI in 2007. Those statements were deemed tainted because Mohammed was subjected to “enhanced interrogation techniques” overseas, including the simulated drowning technique called waterboarding.

While the ruling was a blow to the prosecution, the U.S. government decided not to appeal, in part because doing so could have further delayed a possible trial.

Meanwhile, Mohammed remains jailed in Guantanamo Bay, where he was brought on Sept. 5, 2006, following more than three years in secret prisons in other countries.

Terry Strada, whose husband, Tom, died at the World Trade Center on Sept. 11, said that she and other people who lost family members still hope a trial will someday happen.

“We very much want to see this come to an end at some point. We do want to see justice served. It’s just as important as 25 years ago,” she said.

But Strada, the national chair of the group 9/11 Families United, also said she would rather have Mohammed rot at Guantanamo Bay indefinitely than get behind a resolution that would involve dropping the death penalty as a possibility. Strada said she worries that if Mohammed is not executed, future U.S. leaders might someday be tempted to swap him for Americans held prisoner elsewhere in the world.

The death penalty, she said, “fits the crime and it would prevent that from ever happening. And that’s important to me.”

Mohammed was captured in Pakistan in 2003, accused of developing and directing the 9/11 attacks, as a leader of the Islamic militant group al-Qaida. Some of the delays in his legal proceedings have stemmed from his treatment after he fell into U.S. control. A U.S. Senate report pointed to his extended torture in CIA custody, including 183 sessions of waterboarding.

For a time in 2009, it seemed Mohammed was headed to New York after then-Attorney General Eric Holder announced plans to try him and four other men charged in the Sept. attacks in a Manhattan courthouse just blocks from the World Trade Center site.

Then-President Barack Obama, who had pledged to close the Guantanamo detention center, said Mohammed would face “the most exacting demands of justice.”

Almost immediately, opposition arose. Some critics predicted Mohammed would use a trial as a platform to spread hateful views of America and its allies. Others cited security concerns, saying it could again make New York a terrorist target. Former New York City Mayor Rudy Giuliani, a Republican, called the plan unwise and said it showed “a lack of concern for the rights of the public.”

Plans for a civilian trial were dropped.

“It was a charade in many respects,” Dratel said.

The military tribunal system, he said, has proven itself to be a worse solution, unable to function efficiently, without a proper structure and without fidelity to federal courts.

“Each time you reach an impasse, no one knows what to do,” he said.

David Raskin, a Washington lawyer now in private practice who would have led the government’s prosecution of Mohammed in New York if it hadn't been abandoned, said in an essay published in The Washington Post on Wednesday that he is confident a civilian trial would have ended with a conviction. The military commissions, on the other hand, “became a defense lawyer's dream,” beset by “endless litigation over their legality and procedures.”

“I predict there will never be a completed military commission trial for Mohammed and the other Sept. 11 defendants,” he said.

US marks 25 years since the Sept. 11 attacks, 'moments that divide time'

NEW YORK (AP) — Americans are commemorating the 25th anniversary of 9/11, remembering the shock, the dead and the sweeping consequences of the al-Qaida attacks on symbols of U.S. might and prosperity.

Friday's milestone anniversary will bring memorial rituals — wreath-laying, flag-flying, moments of silence, vigils and readings of victims' names — and volunteer projects in tribute to a day that about half of U.S. adults remember as the most historic event of their lifetime, according to a new poll.

For others it's an occasion for private reflection — or, in many schools, education — about the attack that unfolded in a single morning but left nearly 3,000 dead and a decades-long trail of aftermath, from personal grief to far-flung wars.

Police Officer Casey Kloepfer plans to spend time Friday at the Brooklyn station house where his father, Officer Ronald Kloepfer, reported to work that day before being called to the World Trade Center. He didn't make it home.

Casey Kloepfer was only 4, but he grew up hearing about his father's affinity for helping people and for a job that enabled him to do so. He became an officer this past June.

“It’s big footsteps to fill, but it’s definitely something that I take very seriously and want to continue to honor him and be the best police officer I can," he said by phone this week. The 29-year-old wears his father’s badge number and even has joined the New York Police Department lacrosse team, which his dad founded.

On Sept. 11, 2001, al-Qaida extremists hijacked four commercial jets and crashed them into New York's World Trade Center, the Pentagon and a field near Shanksville, Pennsylvania.

The impacts brought down the World Trade Center's twin towers — icons of U.S. economic power, and among the tallest buildings on Earth — and blew a hole in the Pentagon, the U.S. military's fortresslike headquarters near Washington. The fourth plane also was headed for the nation's capital, officials concluded, but the aircraft went down in Pennsylvania after passengers and crew members stormed the cockpit and fought the hijackers.

“In the course of history, there are a few moments that divide time into, really, what came before” and after, President Donald Trumpsaid at a 9/11 remembrance in Washington this week. The Republican, who was in his native New York on Sept. 11 and has often recounted his memories, plans to attend the Pentagon's anniversary ceremony Friday.

Vice President JD Vance is expected at the observance at the National Sept. 11 Memorial in New York, while other administration officials are headed to the Flight 93 National Memorial in Pennsylvania.

Planned remembrances extend far beyond the attack sites, from beams of light projecting from New Hampshire's Mount Washington to a stair climb at Mississippi State University's football stadium to a ceremony at Honolulu's 9/11 memorial.

Traditionally, there are no political speeches at the New York commemoration, where relatives read all the victims' names, punctuated with moments of silence at key points in the attack timeline. For the first time, this year's ceremony will add a silent moment to honor people who were exposed to the clouds of toxic dust released by the twin towers’ fiery collapse and have since died of cancer and other illnesses. Questions remain about how many people developed health problems linked to the dust.

It's a reminder of how the attacks' long shadow has reached into many corners of life in the U.S. and beyond.

The U.S.-led global war on terrorism included invasions of Iraq and Afghanistan — the latter Washington's longest war — and detentions and harsh interrogation of terror suspects in an international network of secret CIA prisons. The U.S. military found and killed al-Qaida leader Osama bin Laden in Pakistan in 2011, but accused 9/11 mastermind Khalid Sheikh Mohammed still awaits a trial 23 years after his capture.

The attacks changed U.S. air travel, prompted new federal surveillance and intelligence-gathering powers and banking regulations, and generated ongoing debate over the balance between security and freedom. The Department of Homeland Security, many state anti-terrorism laws and billions of dollars in state and local counterterrorism funding all are post-9/11 creations.

So, too, is the culture of individual vigilance summed up by the slogan “ if you see something, say something.”

Sept. 11 generated a wave of patriotism that propelled some Americans to join the military, fire departments, police forces or other public agencies. But amid the national unity that many remember, the attacks also fanned mistrust, prejudice and hate crimes directed at Muslims.

In the quarter-century since, Muslim Americans have played a growing role in public life from statehouses to Congress to New York City Hall, where Zohran Mamdani is the city's first Muslim mayor. Yet he is facing some criticism for planning to attend the anniversary ceremony at ground zero, something his predecessors have done for years.

Some complaints came from Republican ex-Gov. George Pataki and 9/11 victims’ relatives, who cited among other things past remarks that some of Mamdani's political associates have made about the attacks. Former Mayor Rudy Giuliani, a Republican, also inveighed against Mamdani attending.

Mamdani, a Democrat, responded this week that he loves the city and country and wants the anniversary to focus on victims' families, first responders and New Yorkers who helped one another after the attacks, which he called a “horrific act of terror.” The 34-year-old mayor was an elementary school student in New York on 9/11.

Sept. 11 isn't a federal holiday, but Congress has designated it both Patriot Day and a National Day of Service and Remembrance.

“One appropriate way to remember is by serving,” says Jay Winuk, who lost his brother Glenn Winuk and then co-founded the volunteer organization 9/11 Day with friend David Paine. The group helps people find meal-packing and other volunteer opportunities and this year arranged for dozens of Times Square billboards to pause their advertising at 9:11 a.m. Friday.

Instead, they will simply display the time.