(OPGOV GLOBAL) - September 11, 2001 changed the United States and the world forever. It changed my life. I joined the Army because of it. I served for 17 years before service-connected injuries forced me to retire. I felt it was my calling. Watching the towers collapse, knowing there were innocent people inside was gut wrenching.
I felt almost a sense of guilt that I was alive while thousands of others were killed.. The first act of war on American soil since WWII was hard to bear. I had no choice, in my mind, but to join and “fight the good fight”.
Photo Credit: Brookings.edu / Mohammed and four other detainees held in Guantanamo Bay Cuba for their roles in the attacks of 9-11
Twenty-five years later, those responsible, except for the hijackers and Bin Laden, who is presumed dead, are still living in a U.S. military base at Guantánamo Bay, Cuba. Khalid Sheikh Mohammed was captured on March 1, 2003. From 1998-2001, Mohammed was a member of Bin Laden’s militant organization al-Qaeda, leading al-Qaeda's propaganda operations.
Mohammed is known as the “mastermind” of the 9-11 attacks, which killed approximately 2,996 civilians in the towers, the Pentagon, and the plane crash in Pennsylvania. The number of deaths of servicemembers serving in support of Operation Enduring Freedom reached 2,402. That total rises to 3,485 when coalition forces are included. On 9-11 alone, Mohammed is responsible for 6,481 deaths.
Mohammed also was allegedly responsible for the 2002 bombings in Indonesia, the first attack on the World Trade Center in 1993, and the murder of Daniel Pearl.
Mohammed was charged with war crimes in February of 2008 by a U.S. military commission. These carry the death penalty if convicted. The issue that is now in front of us is the current judge reigning over the case.
Lt. Col. Michael Schrama has thrown out the confessions made by Mohammed; he stated they were not given voluntarily in 2007. Schrama set a trial date for June 2028 for Mohammed and three co-defendants — Walid Muhammad Salih Mubarak bin 'Atash, Mustafa Ahmed Adam al Hawsawi, and Ali Abdul Aziz Ali.
It will be nearly 25 years to finally see a trial.
Even without the confession, the evidence piles up. It includes phone records and other documents alleging coordination between Mohammed and the hijackers, and videos included in al-Qaida’s planning for the attacks and prosecutors’ summaries of government simulations of the flights of the four airliners that day.
There have been many judges who have overseen this case:
Col. James L. Pohl (U.S. Army) — Presided as the first permanent trial judge for the first six years (2012–2018).
Col. Keith A. Parrella (U.S. Marine Corps) — Took over the bench in 2018.
Col. W. Shane Cohen (U.S. Air Force) — Presided for nine months before resigning in March 2020.
Col. Douglas K. Watkins (U.S. Army) — Served as the chief judge of the military commissions judiciary and oversaw the case temporarily between permanent assignments.
Col. Stephen F. Keane (U.S. Army) — Assigned to the case in September 2020 but recused himself and resigned two weeks later due to potential conflicts of interest.
Col. Matthew N. McCall (U.S. Air Force) — Presided over the case from the summer of 2021 until his retirement in May 2025.
Lt. Col. Michael Schrama (U.S. Air Force) — Assigned to preside over the proceedings following McCall's departure.
Photo Credit: New York Times / LTC. Michael Schrama, current Judge presiding over Mohammed’s case
For a case with so much evidence, why has it taken so many different judges and so many years to bring justice to the families affected by loss? Why, just two weeks before the 25th anniversary of this attack, does a United States military judge decide to throw out a confession? Prosecutors wanted a January 2027 trial, but Schrama stated it was not enough time, and set the 2028 date.
On July 31, 2024, Mohammed agreed to plead guilty in exchange for a life sentence instead of a death-penalty trial. Mohammed’s plea deal was revoked by then Secretary of Defense Lloyd Austin two days later. In July 2025, the plea deal was voided by a D.C. appeals court in a 2–1 ruling.
OpGov.News had the opportunity to interview a few retired and currently serving soldiers. They wished to remain anonymous due to the structure of the military.
Soldiers and Department of Defense employees are not permitted to comment about decisions made by officers that outrank them. Their reactions were emotional. After all, many of them served multiple tours in support of Operation Enduring Freedom. They lost “Battle Buddies”, time from family, births of children, and unfortunately, some of their marriages ended in divorce.
Many were injured, suffering from Post Traumatic Stress Disorder, anxiety, and countless other unseen injuries.
A retired Master Sergeant stated, “Justice is not being served in this case. I hate the fact that the Federal Government has taken so long to process this trial, and now a Military Judge, of all people, is sabotaging efforts to hold this terrorist accountable. The facts of this case are lost in the winds of time.”
The Master Sergeant continued, “The victims of his crimes will never be at peace, and more than likely, this man will be set free. He'll be set free, and I can almost guarantee that he will fall right back into his old regime, planning the next attack. So many soldiers died because this man and his cohorts attacked America. This action will inflame the people who believed we deserved to be attacked and shouldn't have been in Afghanistan in the first place.”
He made one final comment on his concern for the safety of our country, “A final nail in the coffin of the efforts to stomp out the Taliban. If his confession is thrown out and he is set free, everything that we fought and died for will have been in vain; the Taliban's power will increase, and America will be at a greater risk of terror attacks in the future.”
A retired Sergeant First Class reacted by saying, “We fought to find those responsible and free people for nothing if they dismiss the charges or don’t allow the admission. He’s not entitled to protections under the 5th amendment, as he’s a terrorist and not a citizen.”
A current Command Sergeant Major stated that “I am frustrated for the generation of Americans who answered their country’s call afterward [after the attacks]. I am especially frustrated for those who never came home. We cannot claim to defend the Constitution and then abandon its principles when applying them becomes inconvenient. Due process matters, the rule of law matters, but accountability matters too.”
The Command Sergeant Major continued with, “I can respect the legal process while demanding better from it. I can defend the Constitution while believing that nearly twenty-five years is far too long for America to provide a measure of justice to the families of September 11. No court ruling will ever diminish what our Soldiers accomplished. No sentence will determine the value of their sacrifice, and no terrorist will ever be given the power to decide whether the lives of our fallen had meaning.”
Another former Sergeant that I served with stated that, “The hardest part is that we are approaching 25 years since 9-11 and there still has not been a completed trial. Those of us who served after 9-11 lived with the consequences of that day in a very real way,” they explained.
“Families lost loved ones, service members deployed repeatedly, and some never came home. Mohammed deserves a fair trial because that is what our country stands for, but the victims, their families, and the service members who answered the call also deserve a justice system capable of reaching a final verdict. Nearly three decades is simply too long.”
Two other former service members had no words; they were simply in disbelief about this decision.
One former soldier stated that, “I think this decision was more politically than legally motivated. It does make me question the judge’s loyalty. This guy needs to be put to death. Life in prison just gives him time to recruit more terrorists.”
I myself had four combat tours in my career for Operation Iraqi Freedom and Operation Enduring Freedom. I do not regret joining the military, and I knew what I was getting myself into. I knew it was going to be tough, and I was going to war.
I could not have imagined deploying three times in a five-year period. I saw more things than I can even comprehend.
My faith is what helped me make it through. I had faith in my leadership and in my country. Looking back, though, I feel much of the sacrifice was wasted. Afghanistan is back under Taliban rule. Terrorists’ cells have reformed all around the world. At the time I left Afghanistan, I was proud, but the personal withdrawal and losing 13 of my brothers and sisters tore me apart.
What was accomplished?
Now, we face the uncertainty of a person directly involved finding a loophole to possibly be freed. When will this stop? How many more Americans must sacrifice their lives due to the decisions that are being made?
Photo Credit: James Borchardt / Myself in 2012 before leaving Afghanistan. Highly decorated but disappointed in the progress that was being made
I personally do not agree with throwing out the admission of guilt.
I can imagine that the current judge will not stay until the trial is over, much like the ones before him. Maybe that is a good thing since he is throwing out the admission, but someone needs to stay in position and see this through. The things our soldiers have seen will never be forgotten; nor will that sombrous September day.
Many likely don’t know this man is still alive, or even what his name is.
We as Americans need to make it be known how we feel and finally give closure to the families and Soldiers who fought for America.
Audie Murphy, America’s most decorated war hero from World War II, may have said it best: “War is like a giant pack rat. It takes something from you and leaves something behind in its stead.” Murphy also was quoted as saying, “No Soldier ever really survives a war.”
With that statement, why are Mohammed and his accomplices still a topic, using up taxpayer dollars on court appearances and to keep them alive in prison? Do you agree with Schrama?
To add to or correct any information in this report, please contact me at james.b@lead4earth.org.
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