Sept. 11 trial set for June 2028 at Guantánamo

The defendants and the charges

The case has been repeatedly delayed by disputes over evidence, defense access to classified material, and the legal framework governing the military commissions. Lawyers for the defendants have argued that the men were tortured while held in CIA black-site prisons before their transfer to Guantánamo in 2006, which they say renders statements obtained during that period inadmissible.

Prosecutors have maintained that the charges are supported by a substantial body of evidence, including statements, intercepted communications and materials recovered from al-Qaida-affiliated sites. The disagreement over which of those materials may be presented to the military jury remains a central point of contention in the pretrial phase.

Pretrial disputes over evidence

The commission's slow pace has drawn criticism from victims' families, who have urged successive administrations to bring the case to trial. Under the Biden administration, the Justice Department renewed efforts in 2024 to reach a pre-trial resolution, but no plea agreement was ultimately finalized before proceedings resumed.

Defense teams have argued for additional time to review materials they say are necessary to mount a defense, including information related to the conditions of their clients' detention and the alleged destruction of videotapes documenting interrogation sessions. The judge is expected to hear arguments on those and other motions in the coming months.

A long road through the military commissions

The military commissions system, established under President George W. Bush and codified by Congress in 2006, has struggled with legal challenges for nearly two decades. Earlier rounds of litigation reached the U.S. Supreme Court, which ruled in 2008 that the original structure of the tribunals violated U.S. law and required revisions.

If the June 2028 date holds, the trial would begin more than 26 years after the attacks and would represent one of the most consequential counterterrorism prosecutions in U.S. history. A conviction could carry the death penalty, though military commissions have not yet carried out an execution.

What comes next

Observers say the schedule underscores both the legal complexity of the case and the difficulty of balancing the rights of the accused with demands for accountability from victims and the broader public. Pretrial hearings are expected to continue through 2027, with rulings on outstanding motions likely to set the tone for the eventual trial.