A military appeals court has decided against Defense Secretary Lloyd Austin’s attempt to dismiss the plea deals established for Khalid Sheikh Mohammed and two other individuals connected to the 9/11 attacks, as confirmed by a U.S. official.
This ruling reinstates the agreements that would allow the three men to plead guilty to their roles in one of the deadliest terrorist strikes on America, in exchange for avoiding the death penalty. The al-Qaida orchestrated attacks led to nearly 3,000 fatalities on September 11, 2001, subsequently triggering U.S. military operations in Afghanistan and Iraq, which the George W. Bush administration characterized as part of its war on terror.
The appeals court’s decision was made public late Monday evening, as disclosed by a U.S. official who was not authorized for public comments and requested anonymity.
Military prosecutors, alongside defense counsel for Mohammed—considered the chief planner of the attacks—along with co-defendants Walid bin Attash and Mustafa al-Hawsawi, negotiated the plea agreements over a span of two years with government approval. These deals were publicized in the summer prior.
Proponents of these plea agreements view them as a potential solution to the complicated legal situations surrounding the men at the U.S. military commissions held at Guantanamo Bay. Pretrial proceedings for these defendants have been ongoing for more than a decade.
Significant attention during pretrial discussions has centered on how the torture experienced by the men during CIA detention in the early years following their arrest could compromise the admissibility of evidence in their case.
Following the announcement of the plea agreements this summer, Austin quickly issued a brief directive to nullify these deals. He expressed that the severity of the 9/11 attacks necessitated his involvement as defense secretary in any agreements that would exempt the defendants from facing execution.
Defense attorneys argued that Austin lacked the legal capacity to overturn a decision already sanctioned by the military court’s highest authority, claiming that his actions amounted to illegal interference in the legal process.
Air Force Col. Matthew McCall, the military judge presiding over the 9/11 case, agreed that Austin did not have the authority to invalidate the plea agreements once negotiations had commenced. This decision led the Defense Department to pursue an appeal with the military appeals court.
Austin now has the choice to escalate his attempt to overturn the plea agreements to the U.S. Court of Appeals for the District of Columbia Circuit. The Pentagon has not yet responded to inquiries for further comments.
In other developments, the Pentagon announced the repatriation of one of Guantanamo’s longest-held inmates, Ridah bin Saleh al-Yazidi, a Tunisian man who was authorized for transfer more than ten years ago.
Al-Yazidi’s return to Tunisia reduces the number of detainees at Guantanamo to 26, a significant decrease from a peak of approximately 700 Muslim detainees who were taken to the prison in the aftermath of the September 11 attacks.
With al-Yazidi’s transfer, there are now 14 men still awaiting relocation to other countries after the U.S. authorities opted to forgo prosecution and identified them as no longer security threats.
The Biden administration has responded to advocacy from human rights organizations to release the remaining inmates at Guantanamo who are detained without charges, transferring three additional individuals this month. The U.S. government states it continues to seek stable and suitable nations willing to accept the remaining 14 detainees.
A statement from the U.S. military highlighted that they cooperated with Tunisian authorities for the “responsible transfer” of al-Yazidi, who had been incarcerated at Guantanamo since 2002 when the facility was first established for Muslim detainees.
Al-Yazidi is notable for being the last of a dozen Tunisians who were once held at Guantanamo.
Among those still detained, seven—including Mohammed and his co-defendants—are involved in ongoing legal cases, while two of the 26 detainees have been convicted and sentenced by military commissions.
