WASHINGTON – A US military judge has ruled that statements made by Khalid Sheikh Mohammed, the alleged mastermind of the September 11, 2001 attacks, to FBI investigators cannot be used as evidence at his upcoming trial because they were not given voluntarily.
Lieutenant Colonel Michael Schrama said Mohammed’s 2007 statements were affected by the coercive treatment he experienced while being held by the CIA. The judge concluded that the impact of that treatment continued into his later interactions with FBI agents, making the statements inadmissible.
Mohammed was arrested in Pakistan in 2003 and subsequently held at secret CIA detention sites before being transferred to Guantanamo Bay in 2006. During his CIA detention, he was subjected to severe interrogation methods, including repeated waterboarding.
The decision represents a significant setback for US prosecutors, who have relied on Mohammed’s later statements as important evidence in the long-running case. Prosecutors could challenge the ruling, potentially causing further delays in proceedings that have already lasted nearly two decades.
Mohammed and three co-defendants — Walid Muhammad Salih Mubarak bin ‘Atash, Mustafa Ahmed Adam al Hawsawi and Ali Abdul Aziz Ali — are accused of conspiring in the September 11 attacks, which killed nearly 3,000 people.
Their military tribunal at Guantanamo Bay is currently scheduled to begin on June 5, 2028. Schrama rejected a prosecution request to start the trial in January 2027, saying additional time was required to address outstanding evidentiary and procedural issues.
Under the current schedule, military panel members will first be selected to serve as jurors. Opening statements are expected about 30 days after the panel is seated, followed by prosecution evidence, the defence case and, ultimately, sentencing proceedings.
The case has faced repeated legal challenges over evidence, interrogation practices and the treatment of the accused while in US custody.
In 2024, Mohammed and two co-defendants reached plea agreements that would have resulted in guilty pleas while avoiding the possibility of the death penalty. The agreements were initially approved by the official overseeing the military commissions but were later withdrawn by then-Defense Secretary Lloyd Austin following political opposition.
A US appeals court subsequently prevented the defendants from proceeding under those agreements, reversing earlier rulings that had allowed the plea arrangements to move forward.
The Guantanamo detention facility was established in 2002 by the administration of President George W. Bush to hold foreign terrorism suspects captured following the September 11 attacks.
The latest ruling adds another complication to a case that has been repeatedly delayed by disputes over evidence and the legality of interrogation and detention practices. Families of the victims have voiced frustration over the prolonged proceedings and concerns that a final verdict could remain years away.
