A military appeals court has ruled against Defense Secretary Lloyd Austin’s attempt to void the plea deals made for Khalid Sheikh Mohammed and two other defendants involved in the 9/11 attacks.
The agreements involved a plea of guilt in exchange for avoiding the death penalty, aiming to resolve the case.
The backstory: The attacks on September 11, 2001, orchestrated by al-Qaida, resulted in the deaths of nearly 3,000 individuals and prompted U.S. military interventions in Afghanistan and Iraq as part of the war on terror initiated by the George W. Bush administration.
Driving the news: After two years of negotiations approved by the government, military prosecutors and defense attorneys negotiated the plea arrangements for Mohammed, Walid bin Attash, and Mustafa al-Hawsawi.
- These agreements were seen as a way to address the legal complexities surrounding the case at the Guantanamo Bay naval base in Cuba.
- Concerns over the use of torture on the defendants during their CIA custody have been a focal point in the prolonged pretrial hearings, raising questions about the admissibility of evidence in the case.
- Following the announcement of the plea deals last summer, Defense Secretary Austin issued an order to nullify them, citing the magnitude of the 9/11 attacks and his role in deciding on such agreements, which spared the defendants from potential execution.
The big picture: Despite Austin’s attempted rejection of the agreements, the military judge overseeing the case determined that he lacked the authority to interfere with the plea bargains, prompting the Defense Department to appeal to the military appeals court.
What we’re watching: Austin now has the option to escalate his plea deal rejection effort to the U.S. Court of Appeals for the District of Columbia Circuit. Meanwhile, the U.S. military repatriated a long-held Guantanamo detainee back to Tunisia, reducing the remaining detainee count to 26 individuals.
- Of the 26 remaining detainees at Guantanamo, seven, including Mohammed and his 9/11 co-defendants, have active cases while two others have been convicted and sentenced by the military commission. The Biden administration continues to seek suitable countries to transfer the remaining detainees held without charge.
