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Military judge suppresses 2007 confession of alleged 9/11 mastermind Khalid Sheikh Mohammed

A military judge ruled that Mohammed's statements to the FBI were involuntary due to prior CIA torture and a lack of Miranda warnings.

The short version

  • A military judge threw out a 2007 FBI confession from alleged Sept. 11 mastermind Khalid Sheikh Mohammed, ruling it was not voluntarily given.
  • The judge found that prior CIA torture instilled fear of mistreatment, and noted Mohammed was denied a lawyer and Miranda warnings during the interrogation.
  • The ruling deals a significant blow to the federal prosecution as a military trial for Mohammed and three co-defendants remains set for June 2028.
  • Government prosecutors are evaluating whether to appeal the judge's decision.

Key facts

  • Military Judge Lt. Col. Michael Schrama suppressed statements Khalid Sheikh Mohammed made to FBI interrogators over four days in January 2007 at Guantanamo Bay.[CBS News]
  • The judge ruled the confession was involuntary because prior CIA interrogation techniques, including waterboarding, created fear of further mistreatment if Mohammed failed to comply.[CBS News]
  • The ruling noted that FBI agents did not provide Mohammed with Miranda warnings regarding his right to remain silent and informed him he could not consult an attorney.[CBS News]
  • Mohammed and three co-defendants were scheduled earlier in the week to go on trial in June 2028, where Mohammed could face the death penalty if convicted.[CBS News]
  • Plea agreements reached in 2024 that would have removed the death penalty were invalidated by an appeals court after being overruled by Defense Secretary Lloyd Austin.[CBS News]

What remains uncertain

  • It remains uncertain whether prosecutors will appeal the judge's ruling to suppress the confession statements.[CBS News]

Sources