Nine terror suspects, including Mohammed, who are currently being held at Guantanamo Bay will soon learn if they will face military or civilian trial.
Attorney General Eric Holder is expected to announce his decision by a court-imposed November 16 deadline. A Justice Department spokesman declined to comment on the exact timing of the expected announcement.
In addition to Khalid Sheikh Mohammed, Ramzi Bin al-Shibh, Ali Abd al-Aziz Ali, Mustafa Ahmed al Hawsawi, and Walid Bin Attash are among the detainees who will learn if they will be sent to civilian courts inside the U.S.
If the Obama administration chooses civilian trials over military tribunals, U.S. attorneys in New York and Virginia could be asked to lead those prosecutions.
If Holder decides the terror suspects should be sent to civilian courts, it is unclear if the cases would be tried in New York, Washington or, for example a separate secure location in the mid-west.
A spokeswoman for the U.S. District Courthouse in New York said the court had not yet been told by the Justice Department of its plans.
Nearly 3,000 people were killed in the 9-11 attacks in New York, Washington and Pennsylvania.
The Obama administration has said it hopes to close Guantanamo Bay by early next year. But citing security concerns, numerous congressional leaders have spoken out against bringing hardened al Qaeda terrorists into the U.S to stand trial.
Once the Justice Department makes its decision, a suspect cannot be moved to the U.S. without Congress first getting 45 days notice of the planned transfer.