Prosecutors drop Khalid Sheikh Mohammed confession appeal to protect 2028 trial for alleged 9/11 mastermind

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Military prosecutors will move ahead with the trial against the mastermind of the Sept. 11 attacks without a key confession, a decision made to avoid further delays in the long-awaited proceedings scheduled for 2028.

The federal government has decided not to appeal a recent ruling by a military judge that threw out statements made by Khalid Sheikh Mohammed in 2007. 

The decision means Mohammed’s statements to the FBI cannot be used at trial.

“An appeal could jeopardize the hard-earned June 5, 2028, trial date,” the prosecution team’s liaison to victims wrote in a letter Friday — a week before the 25th anniversary of the attacks that killed nearly 3,000 people, sources familiar with the matter told The New York Post.

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Khalid Sheikh Mohammed, accused mastermind of the Sept. 11 terror attacks, in a file photo

Khalid Sheikh Mohammed, the accused mastermind of the Sept. 11, 2001, terror attacks, has been held at Guantánamo Bay since 2003. (AP)

Appeals can take years to resolve, an outcome military prosecutors want to avoid given the series of delays that have prolonged the wait for victims’ families to receive justice. Mohammed and his alleged co-conspirators — Walid bin Attash, Mustafa al-Hawsawi, and Ammar al-Baluchi — are scheduled to go on trial in June 2028.

Prosecutors initially planned to use a confession obtained from Mohammed at Guantanamo Bay, Cuba, where he has been held for nearly two decades.

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Aftermath of terrorist attacks on September 11, 2001 in New York City

Firefighter walks through the rubble of the World Trade Center after it was struck by a commercial airliner in a terrorist attack. A hijacked American Airlines Boeing 767, originating from Boston’s Logan Airport, struck 1 World Trade Center (north tower) at 8:45 a.m. At 9:03 a.m., a United Airlines 767, also hijacked in Boston, crashed into 2 World Trade Center (south tower).The second tower came down 39 minutes after the first. (Todd Maisel/NY Daily News via Getty Images)

Lt. Col. Michael Schrama set the trial date last month before suppressing the confession. He cited “severe coercion” and noted that Mohammed did not have an opportunity to consult with an attorney.

Mohammed and two of his co-defendants had agreed to a plea deal with the Biden administration in 2024 that would have spared them the death penalty.

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The deal was subsequently revoked following public outcry, resulting in further lengthy litigation.

Meanwhile, 9/11 families have asked the Trump administration to declassify documents on Saudi Arabia’s alleged role in the attacks.

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