A US military judge has barred Khalid Sheikh Mohammed’s confessions to FBI agents from his 9/11 trial, ruling that the 2007 statements were not voluntary and cannot be admitted as evidence.
US Air Force Lieutenant Colonel Michael Schrama ruled that the statements remained tainted by the “unbroken continuation” of coercive treatment Mohammed experienced while previously held in Central Intelligence Agency (CIA) custody.
Mohammed was captured in Pakistan in 2003 and held at secret CIA facilities before being transferred to the US detention facility at Guantanamo Bay, Cuba, in 2006. He was subjected to repeated waterboarding before later questioning by Federal Bureau of Investigation (FBI) agents.
The ruling removes evidence prosecutors had considered important to the long-delayed military commission case and could trigger further proceedings if the prosecution appeals.
Mohammed and co-defendants Walid Muhammad Salih Mubarak bin ‘Atash, Mustafa Ahmed Adam al Hawsawi and Ali Abdul Aziz Ali are scheduled to go on trial at Guantanamo Bay on June 5, 2028.
Schrama rejected a prosecution proposal to begin proceedings in January 2027, finding that additional time was needed to resolve outstanding evidentiary and compliance motions.
Read: US Court Rejects 9/11 Mastermind Khalid Sheikh Mohammed’s Plea Deal
The defendants are accused of conspiring in the September 11, 2001 attacks, which killed nearly 3,000 people after hijacked passenger aircraft struck New York’s World Trade Centre and the Pentagon.
The case has faced repeated delays over evidence, interrogation methods and the defendants’ treatment in US custody. Previous plea agreements involving Mohammed and two co-defendants were later blocked after legal challenges.
