9/11 Defendants’ Lives to Be Spared After Court Upholds Biden Plea Deal

A U.S. military appeals court has rejected U.S. Defense Secretary Lloyd Austin’s attempt to void plea agreements for Khalid Sheikh Mohammed and two other defendants accused in the 9/11 attacks, according to a U.S. official. Why It Matters The ruling reinstates plea agreements under which the three men would admit guilt in connection with the September 11, 2001, Al-Qaeda attacks—among the deadliest in U.S. history—in exchange for avoiding potential death sentences. The attacks, which claimed nearly 3,000 lives, prompted U.S. invasions of Afghanistan and Iraq as part of then-President George W. Bush’s so-called war on terror. What To Know The military appeals court issued its decision on Monday night, according to a U.S. official who spoke on condition of anonymity because they were not authorized to discuss the matter publicly. Military prosecutors and defense lawyers for Khalid Sheikh Mohammed, the alleged mastermind behind the attacks, and two co-defendants finalized plea agreements following two years of government-sanctioned negotiations. The deals were publicly disclosed late last summer. U.S.Secretary of Defense Lloyd Austin is seen before a football game at Northwest Stadium on December 14, 2024 in Landover, Maryland. A military appeals court overruled Austin and upheld a plea deal for defendants involved… U.S.Secretary of Defense Lloyd Austin is seen before a football game at Northwest Stadium on December 14, 2024 in Landover, Maryland. A military appeals court overruled Austin and upheld a plea deal for defendants involved in the 9/11 attacks. Roger Wimmer/ISI Photos/Getty Images/Getty Images Advocates of the plea agreements view them as a practical solution to the prolonged and legally fraught proceedings against the defendants at the U.S. military commission in Guantanamo Bay, Cuba. Pretrial hearings for Mohammed, Walid bin Attash and Mustafa al-Hawsawi have dragged on for over a decade. Pretrial proceedings have largely centered on the impact of the defendants’ torture while in CIA custody during the early years of their detention, raising questions about the admissibility and integrity of evidence in the case. Austin Objected to Plea Deals Just days after the plea agreements were announced this summer, Austin issued a terse order nullifying the deals. Citing the severity of the 9/11 attacks, Austin asserted that he should have the final authority over any plea agreements that would remove the possibility of execution for the defendants. Defense attorneys argued that Austin lacked the legal authority to override a decision already approved by the top authority of the Guantanamo court, calling his action an unlawful interference in the proceedings. Air Force Colonel Matthew McCall, the military judge presiding over the 9/11 case, ruled that Austin did not have the authority to terminate plea deals already in progress. The decision prompted the Defense Department to appeal to the military court. In a separate development, the Pentagon announced the repatriation of one of Guantanamo Bay’s longest-held detainees, a Tunisian national who was cleared for transfer by U.S. authorities over a decade ago. Ridah bin Saleh al-Yazidi’s repatriation to Tunisia reduces Guantanamo’s detainee population to 26, a significant decline from its peak of approximately 700 Muslim men held at the facility in the years following the September 11 attacks. What People Are Saying In a statement on Monday, the Defense Department commented on the release of al-Yazidi, saying: “On Jan. 31, 2024, Secretary of Defense Austin notified Congress of his intent to support this repatriation and, in consultation with our partner in Tunisia, we completed the requirements for responsible transfer.” “Today, 26 detainees remain at Guantanamo Bay: 14 are eligible for transfer; 3 are eligible for a Periodic Review Board; 7 are involved in the military commissions process; and 2 detainees have been convicted and sentenced by military commissions,” the Defense Department said. What’s Next Austin could escalate his attempt to nullify the plea agreements to the U.S. Court of Appeals for the District of Columbia Circuit. According to The Associated Press, the Pentagon has yet to respond to requests for comment. This article includes reporting from The Associated Press.