The Biden administration has taken steps to prevent a plea agreement from being finalized for Khalid Sheikh Mohammed, who is accused of orchestrating the September 11 attacks. On Tuesday, a formal request was submitted to a federal appeals court in Washington, D.C. to block this plea deal, which would exempt Mohammed from facing the death penalty.
The Justice Department argued in its brief that accepting guilty pleas from Mohammed and two of his accomplices would cause significant and irreparable harm to the government. The DOJ emphasized that such a move would deprive the United States of the chance for a public trial and the opportunity to pursue capital punishment for the individuals charged with an act of mass murder that resulted in the deaths of thousands and deeply affected the nation and the global community.
Negotiations for the plea deal had been carried out by the Defense Department, which initially approved the agreement but later withdrew its support. The defendants’ legal teams contend that the agreement is already legally binding and claim that Defense Secretary Lloyd Austin acted too late in his attempts to challenge it.
Tuesday’s appeal was filed as family members of some of the nearly 3,000 victims of the attacks gathered at the Guantanamo Bay naval base, where Mohammed was scheduled to enter his guilty plea. The other two defendants were expected to submit their pleas the following week. Family opinions on the plea deal are divided; some view it as a reasonable resolution to a long and complicated legal process that has faced numerous delays, while others are calling for a full trial and hope for the ultimate penalty—execution.
Legal experts have expressed concerns that various complications, particularly regarding the treatment of the defendants while in CIA custody, could impede any future verdicts or sentences for the aging detainees. Earlier this summer, military prosecutors informed victims’ families that an agreement had been reached after extensive negotiations, positioning it as the best route to achieving closure and justice.
Nonetheless, several family members, along with Republican lawmakers, have voiced their disapproval of the deal and criticized the Biden administration for its involvement. Since August, Secretary Austin has attempted to nullify the agreement, arguing that crucial decisions regarding death penalties in such significant cases should rest solely with him. However, a military judge and an appeals panel at Guantanamo have rebuffed these efforts, determining that Austin lacked the authority to revoke a deal that the senior official overseeing Guantanamo had already approved.
Defense attorneys assert that the plea agreement was ratified by officials under Austin and military prosecutors, labeling the Secretary’s interference as unjust political meddling in a judicial matter. The Justice Department’s latest brief maintains that a temporary pause would not detrimentally impact the defendants, especially considering that prosecution efforts have been in motion since 2012, with the plea deal likely leading to lengthy prison sentences that could last for the remainder of their lives.
In their arguments, the government insisted that a brief delay would allow the court to properly assess the merits of the government’s appeal in this critically important case. The DOJ criticized the military commission judge’s earlier ruling for undermining the authority of the defense secretary in what it deemed a case of “unique national importance,” asserting that safeguarding that authority is paramount and deserving of extraordinary legal relief.
