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Torture, and the trial that never ends

What the CIA did to the accused plotters, and why there is still no verdict

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What the Senate found

At least 119 detainees.

The Senate Intelligence Committee’s study covered 119 CIA detainees from the program’s authorization on 17 September 2001 to its end in January 2009, more than the “fewer than one hundred” the CIA had claimed. It found the CIA waterboarded KSM at least 183 times and that his reporting included significant fabricated information. [1]

Its first finding: the techniques were “not an effective means of acquiring intelligence or gaining cooperation from detainees.” [2]

What we can’t tell you. The CIA refused to compel its officers to be interviewed; the committee relied on records. The report was approved 9-6.

The sources

  1. Senate Intelligence Committee, December 2014: study of the CIA’s detention and interrogation program (executive summary) ↗

    Found the CIA’s enhanced interrogation was not an effective means of getting intelligence and that the CIA’s justification rested on inaccurate claims of its effectiveness.

  2. Senate Intelligence Committee, December 2014: findings and conclusions of the CIA detention and interrogation study ↗

    The 20 findings, starting with “not an effective means of acquiring intelligence.”

Why there is no verdict

Torture made the case harder to try.

In 2024 the military commission’s convening authority agreed plea deals that would have taken the death penalty off the table. Defense Secretary Lloyd Austin withdrew from them on 2 August 2024, and the D.C. Circuit upheld his power to do so in July 2025. [1]

On 19 October 2026 the Supreme Court declined to hear the defendants’ appeal; Justice Kavanaugh recused himself. A tentative trial date is set for 5 June 2028. [2]

What we can’t tell you. Much of the pretrial fight is over whether statements were tainted by torture, which is litigated largely in secret.

The sources

  1. U.S. Court of Appeals for the D.C. Circuit, 11 July 2025: In re United States (the KSM plea agreements) ↗

    Upholds the defense secretary’s withdrawal from the plea deals.

  2. Axios, 19 October 2026: Supreme Court denies Khalid Sheikh Mohammed’s 9/11 plea deal appeal ↗

    Kavanaugh recused; trial set for June 2028. Confirmed by reader fetch.

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