The September 11 Defendants

The five defendants charged with crimes related to the September 11 attacks are 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. All five defendants could face the death penalty if convicted.


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 is accused of proposing the September 11 attacks, obtaining approval and funding for the attacks, overseeing the entire operation, 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 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. 


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. 


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. 


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. 


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.

Case History

All five defendants were arraigned on June 5, 2008, and each rejected his Pentagon-appointed counsel. At a pretrial hearing on July 10, 2008, several of the defendants complained about obstacles that were making it difficult to defend themselves, such as a lack of paper and delay in motions reaching the judge.

Additional pretrial hearings began on September 22, 2008. Ramzi bin al Shibh refused to leave his cell, leading Judge Marine Col. Ralph Kohlmann to order that bin al Shibh be brought to court the following day, by force if necessary. The remaining four defendants were permitted to write individual notes to bin al Shibh urging him to appear voluntarily, which he did on September 23. During voir dire on September 24, Judge Kohlmann rejected Khalid Sheikh Mohammed?s request that the judge remove himself from the case on grounds of bias.

Pretrial hearings resumed on December 8, 2008, before Army Col. Stephen Henley. Judge Henley was assigned to preside over the case following Judge Kohlmann?s retirement in November 2008. Judge Henley read aloud a letter signed by the five defendants on November 4, requesting the opportunity to plead guilty. Judge Henley announced that he would not permit guilty pleas from two of the defendants?Ramzi bin al Shibh and Mustafa Ahmed Adam al Hawsawi?until they had been afforded mental competency hearings. He also asked prosecutors to research whether the Military Commissions Act (MCA) permits a death penalty sentence if the defendants choose to plead guilty. In light of these two outstanding considerations, the guilty pleas were postponed.
At a pretrial hearing on January 19, 2009 that focused primarily on procedural issues, the defendants alleged they had been tortured and discussed their involvement in the September 11 attacks.

On January 21, 2009, Judge Henley granted the Obama Administration?s request for a 120-day continuance.

Judge Henley on March 9, 2009, ordered the release of a March 5 filing by the defendants entitled ?The Islamic Response to the Government?s Nine Accusations,? in which the defendants acknowledged their role in the September 11 attacks.

On June 11, 2009, Judge Henley granted the government?s motion for a second 120-day continuance in the case until September 17, 2009, but stated that discovery obligations related to competency determinations would continue.

In court papers filed on July 6, 2009, bin al Shibh?s lawyers requested access to secret CIA prisons overseas, stating that an inspection of the detention centers may provide insight into their client?s mental state.

Competency determination hearings for bin al Shibh and Hawsawi occurred on July 16, 2009.  After arriving at the hearing, al Hawsawi informed the court that he felt he had been misled regarding what the proceedings would entail, and subsequently left the hearing.  Mohammed, who is representing himself in the proceedings, chose not to attend the hearing.

Attorneys for al Hawsawi and Ramzi bin al Shibh stated that they felt their clients were not competent to speak on their own behalf and therefore should not be allowed to speak during the hearing.

Following the departure of al Hawsawi from the hearing, defendant Ali Abdul Aziz Ali informed the court that he felt he had been ?blackmailed? into attending solely as a means of protecting his privileges.

The majority of the substantive proceedings focused on government motions for 120 day delays in all of the cases.

On September 9, 2009, attorneys for Ramzi Bin Al-Shibh filed a Petition for Writ of Mandamus and Writ of Prohibition in the U.S. Court of Appeals for the District of Columbia asking that the Military Commissions Act of 2006 be judged unconstitutional and that all proceedings before the military commission ordered null. On Thursday, September 17, 2009, Judge Henley granted a stay in the mental-competency hearing of Ramzi Bin Al-Shibh. Bin Al-Shibh also wants to represent himself, but his assigned military counsel questions his capacity to do so. A hearing on the matter had been scheduled for Monday September 21. Bin Al-Shibh had asked the U.S. Court of Appeals in the District of Columbia to halt the competency hearing, but that motion now appears moot.