A major development has emerged in the long-running US military case against Khalid Sheikh Mohammed, the alleged mastermind of the September 11, 2001 attacks.
A military judge has ruled that statements Mohammed made to FBI investigators in 2007 cannot be used against him at trial, finding that the prosecution failed to establish that the statements were given voluntarily.
The ruling was issued by Air Force Lieutenant Colonel Michael Schrama at the Guantanamo Bay military commission. The decision represents a significant setback for prosecutors, who had regarded Mohammed's FBI statements as some of the strongest evidence available in the case.
Judge cites continuing impact of CIA treatment
Mohammed was captured in Pakistan in 2003 and subsequently held at secret CIA detention facilities, where he was subjected to harsh interrogation methods, including waterboarding and prolonged isolation.
After being transferred to Guantanamo Bay, he was interviewed by FBI agents in January 2007.
Judge Schrama concluded that the earlier CIA treatment had created an ongoing psychological pressure that had not been sufficiently broken by the time of the FBI questioning. He described the coercive influence as continuing during the later interviews.
The judge also found that FBI agents did not clearly inform Mohammed that he had the right to remain silent or consult a lawyer, factors that contributed to the court's conclusion that his statements were not voluntary.
Major setback for prosecutors
The ruling could make an already complicated prosecution even more difficult.
The government had considered Mohammed's 2007 FBI statements particularly important to its case. Prosecutors had argued that the FBI interviews were sufficiently separated from the earlier CIA interrogations and that Mohammed had voluntarily spoken with investigators.
The judge rejected that argument, finding that the prosecution had not met the required standard to establish voluntariness.
Chief military prosecutor Rear Admiral Aaron C. Rugh said prosecutors would review the decision before determining whether to appeal.
Trial already delayed for decades
The latest ruling comes just days after Judge Schrama set June 5, 2028 as the start date for Mohammed's military trial, along with proceedings against three alleged co-conspirators.
The case has been delayed for more than two decades because of disputes over evidence, interrogation practices and the treatment of detainees in CIA custody.
Mohammed and the other defendants remain held at Guantanamo Bay, Cuba. If convicted on the charges they face, Mohammed could potentially receive the death penalty.
The exclusion of his FBI confession could now trigger another round of appeals and pretrial litigation, potentially pushing the already delayed proceedings further into the future.
