In an extraordinary legal move, the Biden administration intensified its efforts on Thursday to halt a plea deal for Khalid Sheikh Mohammed, the accused mastermind behind the September 11, 2001, attacks. The Justice Department urged a federal appeals court to block Mohammed’s guilty plea, scheduled for Friday at Guantanamo Bay, Cuba, in a case fraught with decades of legal and logistical turmoil.
Controversial Court Battle
The administration’s appeal pits it against U.S. military officials, who had approved the plea deal after two years of negotiations. Defense attorneys characterized the administration’s attempts to overturn the agreement as yet another chapter in the 20 years of “fitful” and “negligent” handling of the case by successive administrations and the U.S. military.
The case stems from the al-Qaida attacks that claimed nearly 3,000 lives and remains one of the most significant prosecutions in U.S. history. Justice Department lawyers argued in their filing Thursday that the gravity of the case justified Defense Secretary Lloyd Austin’s intervention to scrap the plea deal, despite its prior approval by military prosecutors and the Pentagon’s senior Guantanamo official.
Austin Defends Intervention
Speaking in Germany after a meeting on Ukraine military aid, Austin reiterated his stance, citing the ongoing court challenge as a reason for withholding further comment. He previously asserted that decisions involving the death penalty in a case of such magnitude should fall under his authority as defense secretary.
The plea deal, if allowed to proceed, would spare Mohammed and two co-defendants the death penalty in exchange for their cooperation in answering victims’ families’ questions about the attacks. Defense attorneys maintain that the agreements are legally binding and argue that Austin lacks the authority to nullify them after their approval.
Proceedings and Families Gather
Despite the administration’s last-minute legal maneuvering, preparations at Guantanamo Bay are moving forward for Friday’s proceedings. Mohammed is expected to swear an oath and enter guilty pleas through his attorney, Gary Sowards, to 2,976 counts of murder, among other charges. Co-defendants Walid bin Attash and Mustafa al Hawsawi are scheduled to enter their pleas later this month.
If the hearings proceed, sentencing phases could span months, allowing prosecutors to present evidence, and victims’ families to share their stories and losses. Family members have already gathered at Guantanamo Bay, some expressing hope for answers and closure.
Legal Challenges Over Torture and Evidence
The 9/11 case has been mired in pretrial hearings for 17 years, with no trial date set. Key obstacles include the admissibility of evidence, particularly statements made by Mohammed and others under CIA custody, which involved torture. These issues have significantly delayed proceedings, prompting military prosecutors to describe the plea deal as “the best path to finality and justice.”
Biden Administration’s Position
The Justice Department contends that accepting the guilty pleas would irreparably harm the government’s ability to pursue justice. Specifically, it argues that the deal would forfeit the opportunity for a public trial and the potential to seek the death penalty for “a heinous act of mass murder.”
The administration’s emergency appeal follows a series of rejections by a Guantanamo judge and a military review panel, both of which dismissed Austin’s efforts to overturn the agreement. Defense lawyers criticized Austin’s intervention as stemming from a failure to oversee his own appointed officials.
A Fraught Path to Justice
This case reflects decades of legal and logistical hurdles tied to one of the most devastating attacks in U.S. history. In the absence of a trial, questions linger about accountability, the use of evidence obtained under duress, and the role of plea deals in delivering justice.
As the federal appeals court prepares to rule, the Biden administration’s push to halt the plea deal has drawn scrutiny, leaving victims’ families and the public waiting for clarity on a case that has defined the post-9/11 era.
