A military judge delivered a devastating blow to federal prosecutors Friday by throwing out the confession of Khalid Sheikh Mohammed, the self-proclaimed mastermind behind the September 11 attacks that killed nearly 3,000 Americans.

Confession Ruled Involuntary After Coercion Claims

Lieutenant Colonel Michael Schrama ruled that Mohammed’s 2007 statements to FBI investigators were not voluntarily given, citing severe coercion by federal agents. The prosecution failed to prove by a preponderance of evidence that the confessions were made willingly, according to sources familiar with the sealed ruling. The U.S. military has not publicly released the decision, citing an ongoing security review of the document’s contents.

The ruling comes just days after Schrama set Mohammed’s trial date for June 2028, barely two weeks before the 25th anniversary of the September 11, 2001 terror attacks. Rear Admiral Aaron C. Rugh, the head military prosecutor, indicated he would review the ruling and decide whether to appeal in the near future. Any appeal could delay the case for additional years.

Decades of Legal Battles and Torture Questions

Mohammed and three alleged co-conspirators—Walid bin Attash, Mustafa al-Hawsawi, and Ammar al-Baluchi—have remained at Guantanamo Bay for more than two decades without standing trial. Prosecutors previously agreed not to use evidence obtained through torture interrogations at secret CIA prisons after the men were captured in 2003. However, they planned to use Mohammed’s 2007 FBI statements as crucial evidence, making Friday’s ruling particularly damaging to their case.

The judge has not yet ruled on whether similar confessions from bin Attash and al-Hawsawi can be admitted as evidence. Families of the victims have expressed frustration over the prolonged delays, fearing the accused terrorists might die in custody before facing justice in court. Retired NYPD officer Jim Smith, whose wife Moira died responding to the attacks, told reporters this week that families have been requesting a trial date for twenty years.

Failed Plea Deal Adds Years of Litigation

The case nearly concluded in late 2024 when all three defendants agreed to plead guilty in exchange for avoiding the death penalty. Following public outcry from some victims’ families, Biden administration officials attempted to cancel the agreement, triggering years of additional litigation. The reversal left the prosecution dependent on admissible confessions and evidence that could withstand judicial scrutiny regarding interrogation methods. Friday’s ruling represents a significant setback to that strategy, potentially forcing prosecutors to rebuild their case without Mohammed’s own words as testimony.