WASHINGTON (NEXSTAR) — The alleged masterminds of the September 11th attacks are still sitting in the Guantanomo Bay prison and have yet to face trial after two decades.

Khalid Sheikh Mohammed and four other suspects may never get a trial date.

“One of the most important issues in the case is how the torture of these men is going to ultimately affect the trial,” said James Connell, the lawyer representing one of the suspects.

Connell said the trial has been stuck in pre-trial hearings since 2012 because the federal government destroyed important evidence.

Connell said the destruction of CIA interrogation tapes and a CIA black site means defense attorneys still don’t have what they need to move forward with the trial.

“The FBI on at least 75 different occasions sent detailed information and questions to the CIA to be used in brutal interrogations,” said Connell.

Sen. Mark Warner (D-VA) said federal courts would have been faster than the military proceedings at Guantanamo Bay.

“Those interrogation techniques that were code name for torture did not work… it’s outrageous that we still haven’t brought individuals that have been captured to trial 20 years later,” Warner said.

Still, Connell said he has confidence in the current judge.

“The questioning of this judge demonstrated he has an open mind, a willingness to learn and a commitment to fairness,” he said.

No trial date has been set and it’s unclear if it will ever take place.