Military judge suppresses Khalid Sheikh Mohammed’s FBI confession in 9/11 case
A military judge has excluded a confession that alleged Sept. 11 attacks mastermind Khalid Sheikh Mohammed gave to FBI agents nearly 20 years ago, ruling that the statements were not made voluntarily.
The decision is a setback for the U.S. government's long-running effort to prosecute Mohammed, who is accused of helping develop the plot to hijack planes and crash them into the World Trade Center and Pentagon. Mohammed remains detained at Guantanamo Bay, Cuba, alongside other defendants awaiting trial. Lt. Col. Michael Schrama, the judge overseeing the case, scheduled a June 2028 trial for Mohammed and three other defendants earlier this week.
In an order issued Friday that has not been made public, Schrama barred prosecutors from using statements Mohammed made during four days of FBI questioning at Guantanamo in January 2007. Mohammed had previously been captured and held by the CIA, where he was subjected to waterboarding and other interrogation techniques widely considered torture. His defense attorneys argued that those earlier experiences affected the voluntariness of his later statements to the FBI.
Schrama determined that the CIA's treatment had left Mohammed fearful that he would face severe mistreatment if he refused to cooperate with interrogators. The judge also found that Mohammed was not advised of his right to remain silent and was told he could not consult with an attorney.
Rear Adm. Aaron C. Rugh, the prosecutor overseeing the case, said the government would decide soon whether to appeal the ruling.
Retired FBI agent Frank Pellegrino, who interviewed Mohammed in 2007, maintained that he believed the defendant confessed voluntarily. Pellegrino said he made clear to Mohammed that he did not have to speak with investigators, while acknowledging that a court must determine whether the circumstances met legal standards.
Pellegrino and fellow retired FBI agent Brian Antol are featured in an upcoming special examining the Sept. 11 attacks that is scheduled to premiere Sept. 11, 2026.
Mohammed could face the death penalty if convicted in the military commission proceedings. He and two other defendants agreed to plea deals in 2024 that would have spared them capital punishment, but an appeals court overturned those agreements last year after then-Defense Secretary Lloyd Austin intervened.
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