Sep 11, 2026 · 11 min
A 2028 trial date tests Guantanamo’s unfinished justice
25 years after the 9/11 attacks, where does the trial stand?
The delayed 9/11 case shows how military commissions, torture-tainted evidence, and unresolved detention policies continue to shape accountability.
- 1Military commissions and years of pretrial litigation have kept the five 9/11 defendants from trial for 25 years.
- 2CIA torture complicated the prosecution by undermining defendants’ competency and making key confessions inadmissible.
- 3A tentative June 2028 trial date offers a path forward, while 15 remaining Guantanamo prisoners face different legal fates.
Don't miss
The tentative June 2028 trial date offers the clearest possible endpoint yet for a case delayed since the September 11 attacks.
The brief
Twenty-five years after the attacks, the five men accused of planning them still have not gone to trial, making the case an enduring test of accountability.
The military commission system at Guantanamo created procedural complications, while years of hearings and legal challenges kept the prosecution from reaching a courtroom.
CIA torture—including waterboarding, sleep deprivation, and confinement—damaged the defendants’ competency and made key confessions inadmissible, weakening the government’s case.
Failed plea agreements deepened victims’ families’ frustration after Defense Secretary Lloyd Austin rescinded deals that would have avoided the death penalty.
The episode broadens the lens to 15 men still held at Guantanamo, including convicted prisoners, charged defendants, and people detained without charges.
A judge has set June 2028 as a tentative trial date, but unresolved legal disputes could send the case back into delay.
Featuring
Scott Detrow
Al-Qaeda
Osama bin Laden
PentagonListen to the full episode and explore every guest, topic, and moment on PodLume.