NEW YORK — Following the tragic loss of his only child during the September 11 terrorist attacks, Ken Fairben sought justice in a courtroom located at the Guantánamo Bay military base in Cuba.
He made several trips to attend hearings related to Khalid Sheikh Mohammed, the alleged mastermind behind the attacks, and his co-defendants. Fairben has also watched some proceedings via closed-circuit television from a military facility in Long Island, where he resides.
Throughout these experiences, he has formed connections with other families of victims and has taken notice of a plaque displayed in a Guantanamo trailer that memorializes relatives who have passed during the prolonged court process.
After almost 20 years of twists and delays, Fairben and his wife, Diane, are left waiting once more to find out if Mohammed will plead guilty for his role in the September 11, 2001 attacks that claimed nearly 3,000 lives, including that of paramedic Keith Fairben. These attacks occurred at the World Trade Center in New York, the Pentagon, and in Pennsylvania.
Although the federal government initially negotiated plea agreements, these were later dismissed, and an appeals court recently agreed to pause the situation temporarily. Ken Fairben had planned to attend a military site in Long Island for an opportunity to witness the proceedings.
“I truly believed progress was being made. Regardless of one’s stance on a plea deal, it felt like we were moving towards something rather than being stuck in limbo with no clear end in sight,” Fairben remarked, stressing that his views are his own.
He acknowledged that while there may never be complete closure, a guilty plea and a life sentence without parole could provide some sense of meaning to the ordeal.
For other survivors and families of victims, the potential resolution of this extensive and contentious case elicits mixed emotions—ranging from uncertainty, hope, and anger to contentment, resignation, and a desire for a deeper understanding of how the attacks were planned and funded.
Some family members express disappointment in the plea agreements. These deals, they argue, would eliminate the possibility of death sentences and risk bypassing a trial—an opportunity that could yield critical information that many family members still seek.
“Shouldn’t the American public, alongside victims’ families, be entitled to hear the evidence against the accused?” posed Gordon Haberman, who has traveled from Wisconsin to attend Guantanamo hearings. His daughter, Andrea, lost her life during the attacks while in New York for business.
In the wake of the attacks, various congressional intelligence committees and an independent bipartisan commission investigated the events and shared their findings in the early 2000s. Recently, some previously classified documents have been made public. Many survivors and relatives maintain that a trial at Guantanamo might uncover more evidence, particularly regarding alleged connections between the hijackers and the Saudi Arabian government.
This inquiry is central to a lawsuit some families are currently pursuing in federal court in New York against the Saudi government, which denies any involvement. The documentation released thus far fails to prove any senior Saudi officials were complicit.
Brett Eagleson, whose father, John Bruce Eagleson, was killed on 9/11, sees the potential plea deals as a betrayal of all victims’ families. He describes these developments as part of a “long and epic trail of failure” by the U.S. government to provide concrete evidence regarding the Saudi links.
“It’s a disheartening day for America and for justice,” stated Eagleson, who now leads an advocacy group for victims and survivors called 9/11 Justice. At the time of the attacks, he was just a teenager when his father, involved in a business trip at the World Trade Center, lost his life.
If a military commission trial does take place at Guantanamo, it will likely be hindered by the torture allegations against the defendants tied to their initial CIA custody in the years following their capture. Much of the pretrial hearings have centered on how that mistreatment could infect the overall integrity of the evidence.
Eagleson finds it infuriating that the issues of torture could complicate a fair trial. “The actions of those in custody are not my mother’s fault, nor my brother’s fault, nor the fault of the nearly 3,000 deceased Americans,” he expressed.
Prior to the courts placing the plea deals on hold, Elizabeth Miller had driven over five hours, braving a looming winter storm, to attend a military flight to Guantanamo in anticipation of witnessing Mohammed’s plea in person.
After numerous previous trips to the remote and dry military base to observe the proceedings, her past experience had led her to anticipate frustration. Yet, she was hopeful for this particular journey.
“For me, having KSM admit his guilt on record holds great significance. I believe it’s important for the American people as well,” said Miller, who was just six years old when her firefighter father, Douglas Miller, perished in the World Trade Center attack.
Now, she champions a group of 9/11 families who support the plea deal and oppose the death penalty for the defendants.
Robert Reeg, a retired firefighter injured while responding to the events of 9/11, has made the journey to Guantanamo to witness pretrial hearings, and has also traveled to Washington to voice concerns about the drawn-out legal process. He advocates for a trial but views the plea deals as a form of “surrender.”
“These enemies perceive us as weak and indecisive, and this only serves to validate that perception,” he stated.
Reeg, despite his ongoing struggles related to the case, has chosen not to immerse himself in the news from Guantanamo. Focused on caring for his young granddaughter, he remarked, “At a certain stage, acceptance becomes a necessity. You do what you can, and I’ve done my best, and that’s something I can come to terms with.”
