NEW YORK — Ken Fairben embarked on a quest for justice following the tragic loss of his only child during the September 11 attacks. His journey led him to a military courtroom within the Guantánamo Bay naval base in Cuba, where he has made numerous visits to attend hearings for Khalid Sheikh Mohammed, the alleged mastermind behind the attacks, and his co-defendants. Fairben has also engaged with these proceedings through closed-circuit video from a military site close to his home in Long Island.
Throughout his visits, he has connected with other families of victims and taken note of a plaque located in a Guantánamo trailer, which memorializes names of loved ones who have passed away during the protracted legal battle. After nearly twenty years filled with shifts and emotional turmoil, Fairben and his wife, Diane, now face even more uncertainty regarding whether Mohammed will enter a guilty plea in connection to the al-Qaida hijacked-plane tragedies of September 11, 2001, which claimed almost 3,000 lives, including that of paramedic Keith Fairben in New York.
Originally set to plead guilty last Friday, Mohammed’s plans were interrupted when an appeals court temporarily halted plea agreements for him and two of his co-defendants. After negotiations fell through, the federal government withdrew the plea deals, while defense attorneys advocated for their continuation. Ken Fairben had intended to witness the proceedings from a military location in Long Island on that day.
“I truly believed we would experience some form of progress—even if I dislike the term ‘closure’,” he expressed after the announcement. “This is simply so disheartening. It’s absolutely devastating,” he added, clarifying that he speaks solely for himself.
For the families of survivors and victims alike, the possibility of a resolution in this prolonged case evokes a mix of emotions: uncertainty, hope, frustration, satisfaction, resignation, and a persistent desire for clarity regarding the orchestration and financing of the attacks. Some families are troubled by the plea agreements’ implications, as they could eliminate the possibility of death sentences and curtail the chance for a more extensive trial—something particularly disconcerting for those who view a trial as essential for uncovering crucial information.
“Doesn’t the American public and the victims’ families have the right to know the evidence against these individuals?” questioned Gordon Haberman, who has made multiple trips to Guantánamo from his home in Wisconsin. His daughter, Andrea, was in New York for business when she fell victim to the World Trade Center attack.
Investigations into the attacks were conducted by congressional intelligence committees and a subsequent independent, bipartisan commission, which published their findings in the early 2000s. Over recent years, some previously confidential sections of the congressional inquiry and various FBI documents have been declassified.
Many survivors and victims’ families believe that a trial in Guantánamo could provide insights, particularly concerning whether the Saudi Arabian government had any ties to the hijackers. This inquiry is central to a lawsuit some families are pursuing in a federal court in New York. The Saudi government has denied any involvement, and the information released by the U.S. has not substantiated claims of complicity from high-ranking Saudi officials.
Brett Eagleson, whose father, John Bruce Eagleson, was a victim of the September 11 attacks, perceives the potential plea deals as a betrayal and a manifestation of the “long and epic trail of failure” on the part of the U.S. government to supply evidence to the 9/11 families seeking accountability from Saudi Arabia. He perceives the plea agreements as “a tragic day for America” and shares his viewpoint as a plaintiff in the corresponding lawsuit and as the president of a victims’ advocacy group named 9/11 Justice. He lost his father while he was conducting business at the World Trade Center.
Any trial before a military commission in Guantánamo is likely to be difficult due to the torture that defendants underwent while in CIA custody shortly after their detention. Much of the pretrial discussions have concentrated on the potential impact of this abuse on the overall admissibility of evidence in the case.
Eagleson finds it infuriating that these issues could hinder a trial’s success. He asserts that the actions taken against the defendants during their captivity are not the fault of those who suffered from the September 11 attacks.
Just before the court suspended the plea deals, Elizabeth Miller traveled 5.5 hours, facing an impending winter storm, to reach Guantánamo and witness Mohammed’s plea firsthand. After enduring several previous visits to the desolate military base, she had grown accustomed to the dysfunction within the military commission. However, she felt a rush of optimism that this trip might yield positive progress, only to be heartbroken upon hearing that the plea deals were on hold.
“I genuinely believed that this was the only pathway toward resolution,” Miller stated during a phone call from Guantánamo. Having been six years old when the 9/11 attacks claimed her firefighter father, Douglas Miller, she now leads a group of families advocating for the plea agreements and opposing the death penalty for the accused, underscoring that evidence would still be presented in the sentencing phase.
Robert Reeg, a retired firefighter who was severely injured while responding to the September 11 attacks, has attended pretrial hearings in Guantánamo and spoken with lawmakers about the sluggish pace of the case. He wants the case to proceed to trial, viewing the potential plea deals as an act of “surrender.”
“This only serves to reinforce our foes’ perceptions that we are weak and indecisive,” Reeg remarked. Even prior to the halt of plea agreements, he did not intend to follow developments closely, feeling too burdened by personal responsibilities and past grievances.
“At some point, you must come to terms with it,” he shared. “You can only put forth your best effort, and I know I have done that. I can come to peace with that.”
