A U.S. military judge has ruled that Khalid Sheikh Mohammed’s 2007 confession to FBI agents regarding his alleged central role in the September 11 attacks cannot be used at trial, finding that the statements were not made voluntarily. The decision by Air Force Lt. Col. Michael Schrama, issued on August 28, marks a significant setback in the prolonged death penalty case ahead of the 25th anniversary of the deadliest terror attack on U.S. soil.
Mohammed, often referred to as KSM, has been accused of serving as the principal architect of the coordinated hijacking and suicide attacks that targeted the World Trade Center towers in New York City and the Pentagon, resulting in nearly 3,000 fatalities on September 11, 2001. Earlier this year, Schrama set a trial date for June 2028 for Mohammed and three suspected co-conspirators: Walid Muhammad Salih Mubarak bin ‘Atash, Mustafa Ahmed Adam al Hawsawi, and Ali Abdul Aziz Ali.
The judge’s ruling excludes statements Mohammed made during FBI interrogations at Guantanamo Bay in 2007. Although prosecutors had planned to use confessions from a “clean team” of FBI agents, the judge determined these admissions were tainted by Mohammed’s earlier treatment at CIA detention sites, involving waterboarding and other harsh interrogation methods. Schrama concluded prosecutors failed to demonstrate by a preponderance of the evidence that Mohammed’s statements to the FBI were voluntary, noting the psychological conditioning he endured in CIA custody likely influenced his willingness to speak.
Military prosecutors had previously agreed to exclude statements obtained while Mohammed was held by the CIA, but had hoped to rely on the later FBI interviews. Schrama’s ruling asserts that the fear of returning to brutal interrogation practices compromised the voluntariness of Mohammed’s 2007 admissions.
Frank Pellegrino, one of the original FBI agents involved in the interviews, disagreed with the ruling, stating in an interview that Mohammed had opportunities to refuse to speak and ultimately chose to cooperate. Pellegrino acknowledged mistakes in the overall handling of the case but maintained that Mohammed’s confession during the FBI sessions was voluntary.
Rear Adm. Aaron Rugh, the lead prosecutor, said the Justice Department would review the decision to determine whether to appeal. Any appeal would further delay the trial, which has already faced numerous postponements over the past 14 years due to legal challenges surrounding evidence and the defendants’ treatment during CIA detention.
The case saw a potential breakthrough in mid-2024 when Mohammed and two co-defendants agreed to plead guilty in exchange for sparing the death penalty. However, the plea deal was quickly withdrawn following criticism from Republican lawmakers and a decision by Defense Secretary Lloyd Austin.
As the trial continues to face legal hurdles, the ruling on Mohammed’s 2007 statements underscores the ongoing complexities surrounding the prosecution of those accused in the 9/11 attacks.