A military judge has scheduled the trial of Khalid Sheikh Mohammed and three alleged co-conspirators over the 11 September attacks for 5 June 2028, extending a case that has remained unresolved for more than two decades. The delay matters particularly to victims’ families, while former Guantánamo prosecutor Michael Lebowitz argues that the military commission system itself, rather than the strength of the evidence, has prevented a timely trial.

Lebowitz described the process as a costly and unwieldy “Frankenstein’s zombie court”, citing frequent travel requirements, limited judicial control and more than 10 judges over the life of the case. Mohammed, Walid bin Attash, Mustafa al-Hawsawi and Ammar al-Baluchi were involved in a 2024 plea agreement for life sentences, avoiding capital punishment, but the Biden administration withdrew it after criticism, leading to further litigation. Prosecutors must also decide whether to seek the death penalty, though Lebowitz said any such sentence would be unlikely to survive appeal.