ksm had been charged in 2008 but former president barack obama stopped the case hoping that ksm and thethers would be tried in civil court in the u.s. instead and guantanamo would be closed. >> i'm absolutely convinced that khali khalid shake mohammad will be subject to the most exacting demands of justice. the american people nd on it and my administration will insist on it. >> reporter: a fierce political backlash reversed those plans. president biden hopes to succeed where obama failed, closing the prison facility which was built the year after 9/11. and with the 20th anniversary of 23450i 9/11 coming up this week, a commission warns that foreign terrorist groups may exploit this anniversary as well as chaotic withdrawal from afghanistan for propaganda purposes. that groups like al qaeda and isis may use this anniversary for recruitment and radicalization. alex marquardt, cnn, at the pentagon. >>> and still to come here on c"cnn newsroom" -- huge crowds filled brazil's streets as the country's president railed against the judiciary and cast doubt on next year's election. with xfinity

i have a ksm quote too.is what i wish. i wish to be martyred. he wrote a letter to the judge. >> bret: why is this trial not happening the u.s. would eventually lose? is that why it's not going forward? >> what happened was he pleaded again in december of 2008 saying i want to have a hearing my confession. what happened was the obama-biden administration came to power and they rejected his it's plea and suspended the proceedings because they wanted to shut down guantanamo bay and move the trial to a civilian court. and then they re-worked the military commissions process. if they had not done that if obama and biden had not tried to shut down guantanamo bay and moved the trial to civilian court, ksm would be dead by now. >> bret: this is a big story because it's 20 years and gitmo does not look like it's going anywhere after four administrations saying it was. i want to turn to the next topic when that's the vaccine push back. take a listen. >> >> how could we get to a point in the country where you would wa

khalid sheikh mohammed, ksm, and four alleged co-conspirators, what played out in court today? terry moran reporting. >>> back at home tonight, one week after texas banned abortions in texas after about six weeks, tonight, texas governor greg abbott now signing into law a sweeping new voting law, one of the most restrictive ever. >>> the tragic amusement park accident in colorado. a 6-year-old girl plunging 110 feet on an underground ride. >>> the scene onboard an american airlines flight today. the unruly passenger and what he was saying about the president. >>> and news tonight coming in from ethel kennedy, the widow of rfk. some of hir children split. she's now weighing in on the possible parole of her husband's killer. >>> good evening and it's great to be back with all of you at home after the labor day holiday. and we begin tonight with millions of schoolchuildren heading back. and now the largest increase in covid cases in children since the pandemic started. in fact, more than 40 million americans have now tested positive and of course concerns over that new variant fir

disgrace ksm still drawing breath on this earth.seful intelligence value should have faced a court-martial and execution. we have an army of liberal lawyers and judges in washington who are apparently more sympathetic to terrorist master minds than they are to the 9/11 families. these proceedings need to move along though and move along as quickly as they can so those families can finally get the justice that they have so long been denied. brian: remember, because we got them. because we kept them. we were able to get intelligence that allowed us to identify the courier that allowed us to kill bin laden. so these guys have some value to us even though the further they are removed from the battlefield. brian: hierarchy of al-qaeda. they throw out the enhanced interrogation. i'm worried about the case. >> continuing release them valuable as well. some of the guantanamo prisoners barack obama released for a trader russ american soldier have gone onto the battlefield in afghanistan in leadership roles. intelligence value. they have cont

ksm came in wearing a turban. he's got that orange beard dyed with henna.him his right to be there or to not be there depending on his choosing. it was quite jarring never having covered this proceeding to see ksm, the mastermind, the confessed mastermind of 9/11 bantering and smiling with his co-defendant. he was accused of training some of the hijackers in hand to hand combat and it is a reminder that these five defendants have not been brought to justice. yes, they're here confined to guantanamo bay, but we are in the ninth hear of pre-trial hearings in the proceeding that most national security experts i've spoken to is failing. it's just not proceeding at the kind of a pace where we're ever going to see a result, and just today was a great example of that. they were in court for about an hour with the new judge, the fourth judge and they were going through a procedural issue where the defense lawyers questioned the judge about his qualifications and a case came down from an appeals court that required them to take a recess for the day so they could all

no trial date and we are in the ninth year of pre-trial hearings and it was quite remarkable to see ksms responsible for 9/11 from a to z walk into the room with a turban, his beard dyed orange and smiled and banter and providing hand to hand row of defense attorneys. the women wear head covering hijab, he sits up front, four defendants behind him. today was completely procedural. an example of why the case is taking so long. they were in court about an hour, then an appellate decision came down that required them to take a recess so the lawyers could study that decision and come back tomorrow. this case has been replete with delays, not just with covid but litigation, procedures, the fact that it is a logistical nightmare to get here. the result has been again nine years after they were charged, no trial date has been set. we are approaching the 20th anniversary of 9/11. some of the families were sitting in the courtroom today and they're not even close to getting justice out of the trial. >> i want to flag something that i read from richard clark. his contention is that as we ex-toll

the most famous, khalid sheik mohamed, often called ksm. it left nearly 3,000 dead.underscoring 20 years after the attacks this trial is still not over. it's just one more example of how having this case at guantanamo means a whole lot of issues that would not be in play if it were taking place anywhere else. >> reporter: today's proceedings were a pretrial hearing for the men one of whom is ksm's nephew. family members of those killed on 9/11 were there. journalists watched from behind thick glass in a gallery. on a 40 second delay to make sure classified information was not revealed publicly. the charges date back to 2012, 11 years after 9/11. they include terrorism. hijacking, conspiracy and murder. interrogations tainted by torture should not be allowed as evidence. in the past, some victims' families have called for the death penalty. >> it has to be the death penalty. it doesn't have to be an ugly death. >> reporter: the proceedings have been delayed by all kinds of bureaucratic issues. the covid-19 epidemic. ksm was charged in 2008 but barack obama stopped the

other co-defendants will restart today after a 17-month halt due to the pandemic known by his initials ksm has been locked up in guantanamo bay. defense teams are trying to get his confessions tossed because they were made while he was being tortured he was reportedly waterboarded 183 times and would count the seconds during pours in order to endure the interrogation a judge must rule on now whether they will be admissible in court. >>> the state of virginia is set to say good-bye to the robert e. lee statue it will be removed on wednesday. it comes more than a year after governor ralph northam announced to take it down ten days after george floyd's death the removal of the lee statue is expected to draw large crowds. >>> daily covid infections are at record highs compared to labor day last year. new infections are up 316%, which is more than four times higher than a year ago meanwhile, u.s. health and human services data shows hospitalizations are up 158% from a year ago. and marking the end of unemployment benefits for more than 10 million americans. >> reporter: unemployment benefits ar

one of the reasons why that ksm trial has been dragging on for so long is because that has been countenanced at the dod level. there has been too much latitude in the courtroom. the process has been neglected and abused, whether it is the assignment of judges or the assignment of the attorneys. the entire legal staff. these issues are all really important, but to answer your question, i believe we are in much, much more danger, because we are divided country now, too. that is hard, because you cannot have a catastrophic thing like this happen in afghanistan, which is shocked the world on both sides of the aisle and be talking about an infrastructure bill when the country is learning for leadership. we have a leadership problem. a big one. >> let me build off of what debra said. i am not sure we are at september 10, because the threat is significant today, except that we have put mechanisms in place that make it more difficult for people to attack us at the homeland, but in some ways, we are also at late morning of september 11, because i can only imagine what debra and her family were going

he's not going to do that, and neither would ksm.r person is whether or not that person is willing to voluntarily provide that information to us. so you feel that because america no longer uses enhanced interrogation techniques, that it's a less safe place? they no longer even can use law enforcement techniques. the local mall cop has more choices as to what kinds of interrogation techniques to use than the cia interrogator. so america is less safe, in your view, as a result? it is less safe as... notjust this, but a lot of things have happened in the last eight years. but, you know, one person who has been tortured is the republican senator, john mccain... yes. ..the vietnam war veteran. and he wrote in the washington post in 2011, "i know from personal experience that the abuse of prisoners sometimes produces good intelligence, but often produces bad intelligence, because, undertorture, a person will say anything he thinks his captors want to hear. so that's a response to your point, because actually coercion sometimes doesn't yiel

jillian: no date for the trial has been set for ksm and four co-defendants.t one person dies after a powerful earthquake rocks mexico. it struck the southern part of the country near the pacific resort town of acapulco. new video shows damage across the city as lights sway following the 7.0 magnitude kuwait quake. people report the ground shaking for at least a minute. vice president kamala harris is hitting the campaign trail today for embattled california governor gavin newsom. this as g.o.p. frontrunner larry elder continues to hammer newsom on hot button issues with the recall election just less than a week away. >> cost of living is going up. homelessness is going up. i can't think of any front where this man has done a good job. >> president joe biden is set to campaign for newsom early next week. and how about this? britney spears is nearing the finish line in her quest for freedom. overnight the pop star posting this video of herself just hours after her father asked a court to end the conservatorship. an attorney for jamie spheres writing in court do

. >> khalid sheikh mohammed, better known by his initials, ksm, his idea to hijack the airliners.e of terrorism beginning in afghanistan. female attorneys for the five prisoners wearing a hijab, conservative islamic attire. defending the detainees at taxpayer expense. they were braced for a prayer time. two of them the war u.s. military style desert fatigues. all five detainees smiling and waving to each other, all appearing very jovial. their first time in court and over 500 days. it cost $13 million a year to keep the prisoners here at gitmo. in 20 years, no sign that any of the cases are going to trial. even if it does, another two decades of likely appeals. >> i don't expect to much of them this week. those hearings have been a comedy of errors for years now. we have got a schedule that is not conducive to justice. we've got a defense team that has no interest in justice. >> for the five ex-gitmo detainees, to today occupy top positions with the taliban. >> john: lucas tomlinson in guantanamo bay for us. >> sandra: doubling down on his massive spending push. the economy will r

ksm even waved to one of my reporters.sified information would al-qaida detainees have. well, it's what the cia did them before they came here to guantÁnamo, that's one of the big issues in this trial and why it's taking so long. >> years ago and my god you are right, this is the forever trial. years ago a source telling me that ksm's only goal was staying alive. he didn't want to be executed and he was trying to make deals and give information and trying to do anything to stay alive. there is stories of him taking to a white board and giving information to people and the program. the agency program and wanting to play ball to stay alive. where are we now? is this still what the center piece of this trial going to be whether he gets the death penalty or whether he stays in prison the rest of his life? >> that's right, this is a death penalty trial. it's important to remember that. that's another reason that's taken so long. in our country when we try to impose the death penalty, we add an extra layer of legal review. each

tomorrow, neil, better known by his initials ksm seen praying in the courtroom, smiling and waving at3,000 people by hijacking the airliners. boarding kuwait ksm went to a small college in north carolina before graduating to a life of terrorism beginning in afghanistan. fox news inside the u.s. military courtroom this week. these pre-trial hearings, there is still no trial date set the five prisoners in court this week came from cia black sites 15 years ago as being captured in pakistan. this is a death penalty case, neil and new military judge with only two years and one day of experience in the bench facing questions from lawyers on both sides of the prosecution and the defense about his experience neil this is the seventh judge assigned to run this military tribunal here at gitmo, cost the taxpayers $13 million each per prisoner, per year, 39 remain and there are other convicted terrorists serving life in the super max prison in colorado to the tune of $70 million per year. the taxpayers also foot the bill for the defense attorneys, the female defense attorneys wear a hijab and ful

>> john: did he tell you his thoughts after he looked into the eyes of ksm? >> he did.going through his head, he said i wanted to look at this guy and i said, what did you do? saying to ksm, he thought what did you do as he stared into his eyes. >> connell mcshane across the street from the new world trade center. this anniversary is going to bring back a lot of very deep memories for a lot of people, trauma, tragedy. i remember where i was. i walked into the white house as the plane hit the pentagon. what a day. >> it's a day we all remember where we were. we will be marking it this saturday. >> john: it's amazing when you think about 20 people came out testify world trade center. >> that is something. >> john: al fuentes is a lucky guy. >> he is. >> john: that will wrap it up for us. thanks for joining us today. good to see you. i'm john roberts. >> and i'm anita vogel. "the story" starts now. >> martha: good afternoon. moments ago, the secretary of state, antony blinken admitted that the taliban has those planes carrying americans and sivs stuck on the airport tarmac

the female attorneys were wearing hijab and cover from head to toe on the orders of ksm, i'm told.ding the detainees. there were breaks for prayer team. fox news witnessed all five detainees smiling and waving each other. the brother of one 9-11 victim said the hearings are a farce. there's still no trial date. >> i don't expect much out of them this week. you know, those hearings down there have been a comedy of error for years now. we've got a schedule that is not conducive to justice. we have a defense team that has no interest in justice. >> four of the five ex-gitmo detainees in exchange for bowe bergdahl occupy top positions in the government for the taliban in afghanistan. >> martha: amazing, thanks, lucas, for that interesting report and look inside the courtroom as we get closer to the 20th anniversary. let's bring in andy carr, the former chief of staff to president george bush. thanks for being here. as you listen to that report, what goes through your mind, andy? >> k.s.m. should have been -- its embarrassing our judicial system in the military world now is going throug

ksm was the mastermind and has confessed to this. he said he planned 9/11 from a to z.n to sites where he was tortured and water boarded a number of times and he confessed to involvement in all manner of terrorist attacks. and some of those confessions are under challenge because of the nature of the trem. he will be in the courtroom tomorrow where i will be for these procedural hearings, but, look, the bottom line here is there is no end in sight, no trial date even set. it costs $13 million a year per prisoner to operate the prison. while president biden has talked about closing it, there's a $50 million expansion ongoing a few yards from where i'm standing. it doesn't look like it's going to close anytime soon. >> joyce, president biden, as ken mentioned, promised to close guantanamo bay. ken's reporting many of the prisoners there can neither be charged nor released. why is that the case? >> it's a very complicated situation because of the national security concerns. early in the obama administration then attorney general eric holder made the argument that these def

there are five defendants, including ksm who will be in the courtroom tomorrow.f lawyers. the observers sit behind a thick wall of glass. the sound is piped through speakers on a 40 second delay in case any of the defendants blurt out anything classified. that just gives you an idea, because another issue in this trial is secrecy and national security information. what the defense lawyers say is one reason it's taking so long is that the government is still trying to cover up what the cia did to these detainees at black sites where they were transferred here to guantanamo bay. the prosecutors would argue it's the defense that's making it take so long. either way, this is a huge delay for the families that are looking for justice. take a listen to what one expert, kevin powers of boston college, who used to advise the military commissions down here, take a listen to what he said about this. >> ten years for any case is a long time, and here it's not even moving forward. it's at a snail's pace. so they need to look and say what should we do, do we bring them to the

ksm's nephew all smiles in court this week accused of transferring money on behalf of his uncle hijackers working computer tech in dubai. the fifth auto divide prisoner in court this week mustafa another saudi accused of planning the 9/11 attacks. all captured in pakistan, transferred to gitmo 15 years ago. judge mccaul says he is under zero pressure to rush these cases to trial as the 20th anniversary of the 9/11 attacks looms. shannon? >> shannon: lucas tomlinson in gitmo. thank you, lucas. supreme court justices will return to the actual courtroom next month for the first time in more than a year and a half. the court says oral arguments scheduled for october through december will be in person, but, not open to the public. lawyers have been presenting their cases other the telephone because of the pandemic. audio of the sessions will still be available live. up next, the president says he has a new plan to deal with the coronavirus resurgence. we'll get a preview. first, here is what some of our fox affiliates around the country are covering tonight. fox richmond where crowds cheered a

. >> muhammad, known by ksm, boasted about planning 9/11 attack and four other terror suspects faif deathak no video photos allowed no trial date set for ksm, or any other terrorists at gitmo. texas governor greg abbott says the state controversial election both bill sets new rules for mail-in voting increases partisan poll watchers gis state more control over elections, a battle in legislature saw some democratic lawmakers fleeing the state to avoid the passed last week almost completely along party lines. >> analysts report people spend more time on tiktok than on youtube in u.s. and uk. yu he boosts more than two billion monthly users tiktok 700 million the reports warn data only available from android phones some numbers might be skewed, new york fashion week to stay home comfort many returns to the office not ready to get back into suits or high heels yet possibly anything that buttons at waist designers go are fog for practical approach wider. >> pants formen, these are getting smaller many buyers celebrities guests excluded from the lists invitation only all shows require proof of

it's almost as if it's setup to fail, and ksm wants to die a marter anyway. taliban as they setup a government on our 20 year anniversary. we look unserious and we are. steve: pete i think you're right i don't know they will ever be brought to justice. ultimately some of them will just die. pete: that's right, absolutely. it's a nursing home right now for terrorists. steve: pete hegseth who used to be a guard at gitmo, pete. pete: many many years ago, thank you, steve. steve: thank you, sir. all right coming up on 8:30 in the east former president bush sent a strong message across the world about where america stood after september 11. remember this? >> either you're with us or you are with the terrorists. steve: find out why the sister of a 9/11 victim says hearing those powerful words today fills her heart with rage towards our current president biden. bill hemmer joins us to discuss that. bill is coming up, next. as someone who resembles someone else... i appreciate that liberty mutual knows everyone's unique. that's why they customize your car insurance,

born in kuwait ksm went to small college before turning to life of terrorism beginning in afghanistanudge appointed the case with only 2 years on the bench one day over the minimum required. the seventh judge is signed here at gitmo. costs the taxpayer $13 million a year to house each prisoner, 39 remain. congressman mike wlatz before being elected says it's worth it. >> we don't need the capacity to detain the folks and detain the individuals and not put them in the united states. >> others doubt these cases will ever go to trial. retired lieutenant colonel lost his brother on 9/11. >> knowing that mohamed still sucks air on planet earth. this should have been disposed of years ago. >> the prosecutor hearsays no information obtained from the cia black sites will ever be used in court. right now there's no trial date set. in guantanamo bay, cuba, lucas tomlinson, fox news. arthel: thank you, lucas. still ahead reflecting on the legacy of those we lost 20 years ago, a special tribute from fox sports tom renaldi is up next. ♪ ♪ ♪ ♪ ♪ ♪ ♪ it's moving day. and while her friends are doing

california lid sheikh mohammed entered the courtroom earlier this morning, ksm wearing a black turban designing the takes and providing training, money and logistical support. for about an hour and a half this morning, attorneys and the judge have been going through scheduling, debating whether everyone has to wear a mask and now hung up on potential conflicts of interest of the judge, the air force colonel, matthew mccall. the hearings are in recess now until tomorrow morning at 9 a.m. this is 20 years after the 9/11 attacks, 15 or years after the federal government transferred these detainees to gitmo. these proceedings are still in the pretrial phase, there have been covid delays. this is the first hearing we've had in more than a year. the prosecution and defense have also been arguing over the past over what evidence the government can present especially with these defendants told the fbi at guantanamo in 2007. the defense says that information is the result of coercion and needs to be thrown out. >> one of the most important issues in the case is how the torture of these men goi

mohamed and four codefendants seemed smiling happy during court proceedings with ksm even waving to reportersare they now taunting us in this trial on top of everything elsewhere terrorists are running afghanistan? >> well, you know, when you look at what is happening in gitmo with the trial down there, you know, they are eating 3 meals a day instead of eating lead and it's almost abembarrassment of what's happening in the last 20 years. that's the reason why i was talking about the peace going forward. he called the taliban negotiators and told them what was going to happen and i was in the oval office, maria, when he made the comments. he told what he could expect if he violated the peace agreements and he told them that in february of year ago. remember in a year ago we killed solomani. it was a force respect kind of issue going there. and biden didn't do that and biden just walking away from this and i really do hope the american people look back and say, look, there's accountability here. you walked away from the 20-year war with a loss and there should be accountability from you walking