U.S. to Appeal Ruling Reinstating Plea Deals for Alleged 9/11 Conspirators at Guantanamo

Washington — The U.S. government is set to appeal a military judge’s decision upholding plea agreements with alleged 9/11 conspirators at Guantanamo Bay, which had been previously nullified by Defense Secretary Lloyd Austin. A defense official confirmed on Saturday that the administration finds the plea deals, overturned in August by Austin, to still stand as “valid and enforceable” following a ruling by Col. Matthew McCall.

The decision came after a surprise move by Austin, who took responsibility for the plea deal retraction into his hands this summer, away from the military commissions’ convening authority, which traditionally oversees such military courts. This action was reportedly taken because Austin believed the significance of the decisions warranted his direct involvement.

Previously, in July, after over two years of negotiations, the U.S. government had reached plea agreements with key figures such as Khalid Sheikh Mohammed, the accused mastermind behind the September 11, 2001, terror attacks, and co-conspirators Walid Bin ‘Attash and Mustafa Ahmed Adam al Hawsawi. These agreements would permit the accused to evade the death penalty by accepting guilt and receiving life imprisonment sentences—a strategy prosecutors at the time argued was “the best path to finality and justice.”

The prosecution is expected to request Col. McCall to suspend the court proceedings soon to prepare for an appeal. The alleged conspirators were anticipated to submit their guilty pleas next week, but this may be postponed due to the forthcoming legal challenges.

The plea agreements stirred a bipartisan controversy, particularly among lawmakers and groups representing 9/11 victims who have been vocal in their opposition, many advocating instead for the pursuit of the death penalty. Brett Eagleson, president of 9/11 Justice, expressed dissatisfaction with the Biden administration’s decision to broker these deals, highlighting a lack of closure and attention to the families’ desires for full accountability.

Conversely, the American Civil Liberties Union (ACLU) endorsed the judge’s ruling to uphold the plea bargains, advocating for the proceedings to continue towards a sentencing hearing which they believe could provide answers and transparency to the families affected by the tragedy. ACLU Executive Director Anthony Romero emphasized the need for victim family members to receive clear, definitive accounts of the events.

The handling of these cases has been fraught with delays, exacerbated by the logistical challenges of dealing with evidence potentially tainted by torture in CIA prisons in the early 2000s, which has complicated the legal process. Initially captured in Pakistan in 2003, Mohammed’s involvement in the 9/11 attacks has been a central element of this longstanding judicial dilemma.

Originally scheduled for January 2021, the trial faced postponements due to judge resignations and the COVID-19 pandemic, with talks of plea deals not starting until March 2022. As legal proceedings continue to evolve, the case remains a focal point of national security, legal ethics, and the quest for justice by families of the victims nearly two decades later.

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