A military appeals court has upheld plea deals for three men accused of planning the 9/11 attacks, overruling Defense Secretary Lloyd Austin’s attempt to invalidate the agreements.
At a Glance
- U.S. Military Court affirms plea bargains for 9/11 accused, overturning Defense Secretary’s rejection
- Plea deals allow defendants to avoid death penalty by pleading guilty to lesser charges
- Court rules Defense Secretary Austin lacked authority to rescind agreements
- Pentagon considering options, including potential appeal
- Decision highlights ongoing legal complexities at Guantanamo Bay
Court Upholds Plea Deals, Challenges Defense Secretary’s Authority
The U.S. Military Court of Appeals has affirmed plea bargains for three individuals accused of orchestrating the 9/11 attacks, including alleged mastermind Khalid Sheikh Mohammed. This decision directly challenges Defense Secretary Lloyd Austin’s previous attempt to nullify these agreements, which would have spared the defendants from the death penalty in exchange for guilty pleas to lesser charges.
The Court of Military Commission Review found that Austin overstepped his authority when he tried to rescind the plea deals that had been negotiated by Susan Escallier, the convening authority for military commissions. Chief Judge Lisa M. Schenck described Austin’s intervention as “without precedent,” emphasizing the impropriety of his actions.
A U.S. military court on Monday upheld a judge’s ruling that said Defense Secretary Lloyd Austin acted improperly this year when he invalidated plea agreements for three men accused of planning the 9/11 attacks. https://t.co/MtaEnW3r7x
— NBC News (@NBCNews) January 1, 2025
Pentagon’s Response and Potential Next Steps
Following the court’s decision, the Pentagon is now weighing its options, including the possibility of appealing to a higher court. The Defense Department has requested a pause on further proceedings until January 27, allowing time to consider its next move. This development adds another layer of complexity to the already protracted legal process surrounding the 9/11 cases at Guantanamo Bay.
“Responsibility for such a decision should rest with me,” Austin said, as reported by NBC News.
Austin’s attempt to nullify the plea deals stemmed from his belief that the gravity of the 9/11 attacks, which resulted in nearly 3,000 deaths and led to U.S. invasions of Afghanistan and Iraq, warranted his direct involvement. However, the court’s ruling emphasizes that dismantling these agreements retroactively was both unjust and beyond the scope of the Defense Secretary’s authority.
Implications for Guantanamo Bay and Ongoing Legal Proceedings
The court’s decision to uphold the plea deals represents a potential resolution to one of the most legally complex cases at Guantanamo Bay. Pretrial hearings have been ongoing for over a decade, with much of the focus centered on the admissibility of evidence potentially tainted by allegations of torture. The plea agreements, reached after two years of negotiations, offer a path forward in a case that has long been mired in legal obstacles.
A military appeals court has ruled against Defense Secretary Lloyd Austin’s effort to throw out the plea deals reached for Khalid Sheikh Mohammed and two other defendants in the 9/11 attacks, a U.S. official said.https://t.co/dZetxiWQeM
— Stars and Stripes (@starsandstripes) January 1, 2025
Separately, the Pentagon has made progress in reducing the Guantanamo Bay detainee population. With the recent repatriation of Ridah bin Saleh al-Yazidi to Tunisia, the number of detainees has decreased to 26, a significant reduction from the facility’s peak of about 700. The Biden administration continues to work towards further transfers, with 14 detainees currently cleared and awaiting countries willing to accept them.
