A military appeals court has ruled against Defense Secretary Lloyd Austin’s attempt to nullify plea deals made with Khalid Sheikh Mohammed and two other men accused of the 9/11 attacks.
The decision paves the way for the trio to plead guilty in exchange for avoiding the death penalty. These attacks, orchestrated by al-Qaida, killed nearly 3,000 people in 2001 and triggered U.S. military interventions in Afghanistan and Iraq.
The plea deals, reached after two years of negotiations, are seen by some as a potential resolution to a case that has been legally troubled for over a decade. Mohammed, the alleged mastermind, and his co-defendants, Walid bin Attash and Mustafa al-Hawsawi, have faced a lengthy pretrial process at Guantanamo Bay.
Legal issues surrounding evidence tainted by torture have complicated proceedings, but supporters of the agreements believe they offer a way forward.
Austin’s objections, however, were based on the severity of the 9/11 attacks, asserting that he should decide on any plea agreements involving the death penalty.
Yet, a military judge ruled that Austin lacked the authority to block the deals once they were approved. This led to the Pentagon’s appeal, but the court’s decision now forces the government to respect the existing plea agreements unless further challenged.
In a separate move, the Pentagon announced the repatriation of Ridah bin Saleh al-Yazidi, one of the longest-held detainees at Guantanamo. His return to Tunisia reduces the prison population to 26.
The Biden administration continues to face pressure to release detainees held without charges, with 14 men awaiting transfer to other countries.
