BREAKING. A shameful prelude to the 9/11 anniversary. Two days after a military judge finally set a 2028 trial date for Khalid Sheikh Mohammed, the same judge has thrown out KSM’s 2007 FBI confessions — the statements prosecutors called their most crucial evidence needed to get a death penalty verdict, and possibly a conviction not subject to endless appeals.
The military judge, Lt. Col. Michael Schrama, ruled the statements were not voluntary. He found an “unbroken continuation” of CIA psychological conditioning from the black sites into the Gitmo interrogations, and that FBI agents never clearly told KSM he had the right to remain silent and consult a lawyer. The 45-page order lands less than two weeks before the 25th commemoration of the attacks that killed 2,977 people.
KSM was captured in 2003. He has been at Guantánamo since 2006. The case was arraigned in 2012. The trial is now provisionally set for June 5, 2028. The government’s best post-CIA statements just vanished from the record.
Justice here is not simply delayed. It is being incrementally dismantled by the very safeguards we tell ourselves distinguish us from the people who flew the planes. The families have waited 25 years. The defendants have waited them out. The Islamists do not need to beat the system. They only need the system to keep beating itself.