Attorney General Eric Holder announced on April 4, 2011 that the 9/11 suspects, Khalid Sheikh Mohammed, Walid Muhammad Salih Mubarek bin Attash, Ramzi bin al Shibh, Ali Abdul Aziz Ali (aka Ammar al Baluchi), and Mustafa Ahmed Adam al Hawsawi would be tried by military commission at Guantánamo in a reversal of the previous decision to try the suspects in the Southern District of New York. Sworn charges were filed jointly for all five defendants on May 31, 2011 and the arraignment proceedings are set for May 2012

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The Case of Khalid Sheikh Mohammed

Khalid Sheikh Mohammed, a Kuwaiti national and the alleged mastermind of the September 11 attacks, was captured in Rawalpindi, Pakistan in March 2003. At some point following his capture, Mohammed was interrogated at a secret CIA facility. On September 6, 2006, President Bush announced that Mohammed, along with 13 other former CIA prisoners, had been transferred to Guantánamo.

At his Combatant Status Review Tribunal (CSRT) in March 2007, Mohammed claimed he was tortured while in U.S. custody and that he made false confessions about himself and others as a result. Although the details of Mohammed’s allegations are redacted from his February 4, 2008 CSRT transcript, CIA Director General Michael Hayden has publicly acknowledged that Mohammed and two other prisoners were subjected to “waterboarding.” Waterboarding has long been considered illegal under international treaties and U.S. law. Mohammed was reportedly waterboarded 183 times during interrogations.

Mohammed is accused of proposing the September 11 attacks, obtaining approval and funding for the attacks and training the hijackers for the operation in Afghanistan and Pakistan. He was declared an enemy combatant on August 9, 2007, and charges were sworn against him in military commission on February 11, 2008. The sworn charges include conspiracy, murder in violation of the law of war, attacking civilians and civilian objects, intentionally causing serious bodily injury, destruction of property in violation of the law of war, terrorism, providing material support for terrorism, and hijacking or hazarding a vessel in connection with the attacks.

On November 13, 2009, the Justice Department announced that five 9/11 defendants would be tried in the Southern District of New York. However, Attorney General Eric Holder announced on April 4, 2011 that DOJ would reverse its decision and the 9/11 suspects, including Mohammed, would be tried by military commission at Guantánamo. Sworn charges were filed jointly for all five defendants on May 31, 2011 and the arraignment proceedings are set for May 2012.

The Case of Walid Muhammad Salih Mubarek bin Attash

Walid Muhammad Salih Mubarek bin Attash (aka Khallad bin Attash), a Yemeni citizen, was transferred to U.S. custody in April 2003 and held at one of the CIA’s secret prisons. On September 6, 2006, President Bush announced that bin Attash, along with 13 other former CIA prisoners, had been transferred to Guantánamo.

Bin Attash is accused of administering an al Qaeda combat training camp in Afghanistan where two of the September 11 hijackers trained. He is also alleged to have traveled to Malaysia to survey flight security and study U.S. flight plans in preparation for the attacks. He was designated an enemy combatant on August 9, 2007.

Bin Attash is charged with conspiracy, murder in violation of the law of war, attacking civilians and civilian objects, intentionally causing serious bodily injury, destruction of property in violation of the law of war, terrorism, providing material support for terrorism, and hijacking or hazarding a vessel.

After sworn charges were filed jointly for the defendants on May 31, 2011, the military commission proceedings are set to begin in 2012.

The Case of Ramzi bin al Shibh

Ramzi bin al Shibh, a Yemeni citizen, was captured by Pakistani forces in Karachi, Pakistan on September 11, 2002. He was turned over to U.S. custody on September 24, 2002, and transferred to one of the CIA’s undisclosed prisons for interrogation. On September 6, 2006, President Bush announced that bin al Shibh, along with 13 other former CIA prisoners, had been transferred to Guantánamo.

Bin al Shibh is alleged to have lived in Hamburg, Germany with three of the September 11 hijackers. It is further alleged that bin al Shibh was originally chosen to be one of the hijackers but was unable to secure a U.S. visa. He is accused of assisting the hijackers in finding U.S. flight schools and engaging in numerous financial transactions to further the operation.

Bin al Shibh chose not to attend his March 9, 2007 Combatant Status Review Tribunal (CSRT). He was designated an enemy combatant on August 9, 2007, and charges were sworn against him on February 11, 2008. The charges include conspiracy, murder in violation of the law of war, attacking civilians and civilian objects, intentionally causing serious bodily injury, destruction of property in violation of the law of war, terrorism, providing material support for terrorism, and hijacking or hazarding a vessel.

After sworn charges were filed jointly for the defendants on May 31, 2011, the military commission proceedings are set to begin in 2012.

The Case of Ali Abdul Aziz Ali (aka Ammar al Baluchi)

Ammar al Baluchi was born in Pakistan and raised in Kuwait. Al Baluchi was captured by Pakistani forces in Karachi, Pakistan in August 2003. Once in U.S. custody, al Baluchi was held in an undisclosed CIA facility for interrogation. On September 6, 2006, President Bush announced that al Baluchi, along with 13 other former CIA prisoners, had been transferred to Guantánamo.

The government alleges that al Baluchi served as one of Khalid Sheikh Mohammed’s key advisers. He is accused of sending approximately $120,000 to the September 11 hijackers for their flight training and expenses and facilitating travel to the U.S. for some of the hijackers. In addition, he allegedly purchased flight simulation software and delivered it to Mohammed.

Al Baluchi was designated an enemy combatant on August 9, 2007 and charges were sworn against him on February 11, 2008. He is charged with conspiracy, murder in violation of the law of war, attacking civilians and civilian objects, intentionally causing serious bodily injury, destruction of property in violation of the law of war, terrorism, providing material support for terrorism, and hijacking or hazarding a vessel.

After sworn charges were filed jointly for the defendants on May 31, 2011, the military commission proceedings are set to begin in 2012.

The Case of Mustafa Ahmed Adam al Hawsawi

Mustafa Ahmed Adam al Hawsawi, a Saudi citizen, was captured by Pakistani forces in March 2003 and was reportedly transferred to Bagram, a U.S. airbase in Afghanistan. On September 6, 2006, President Bush announced that al Hawsawi, along with 13 other former CIA prisoners, had been transferred to Guantánamo.

Al Hawsawi is accused of assisting the September 11 hijackers by making travel arrangements and providing Western clothing, travelers checks and credit cards. He is alleged to have transferred thousands of dollars to the hijackers. He was designated an enemy combatant on August 9, 2007.

On February 11, 2008, charges were sworn against al Hawsawi. He is charged with conspiracy, murder in violation of the law of war, attacking civilians and civilian objects, intentionally causing serious bodily injury, destruction of property in violation of the law of war, terrorism, and providing material support for terrorism.

After sworn charges were filed jointly for the defendants on May 31, 2011, the military commission proceedings are set to begin in 2012.