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Pentagon Chief Fails to Overturn 9/11 Plea Deals

Pentagon Chief Fails to Overturn 9/11 Plea Deals/ Newslooks/ WASHINGTON/ J. Mansour/ Morning Edition/ A military appeals court has ruled against Defense Secretary Lloyd Austin’s attempt to nullify plea deals for Khalid Sheikh Mohammed and two co-defendants in the 9/11 case. The plea agreements, sparing the defendants from the death penalty, are now back on track despite Austin’s objections.

FILE — Khalid Sheikh Mohammed, the alleged Sept. 11 mastermind, is seen shortly after his capture during a raid in Pakistan, March 1, 2003. As Sunday’s 21st anniversary of the terror attacks approaches, Mohammed and four other men accused of 9/11-related crimes still sit in a U.S. detention center in Guantanamo Bay, their planned trials before a military tribunal endlessly postponed. (AP Photo/File)

Pentagon Chief Loses Bid Against 9/11 Plea Deals: Quick Looks

  • Court Decision: Military appeals court rejected Lloyd Austin’s move to overturn plea deals.
  • Defendants: Khalid Sheikh Mohammed, Walid bin Attash, Mustafa al-Hawsawi.
  • Agreements: Defendants to plead guilty and avoid the death penalty.
  • Background: The 9/11 attacks killed nearly 3,000 people and led to U.S. wars in Afghanistan and Iraq.
  • Next Steps: Austin may appeal to the U.S. Court of Appeals for the D.C. Circuit.

Pentagon Chief Fails to Overturn 9/11 Plea Deals

Deep Look: Military Court Upholds 9/11 Plea Deals Despite Pentagon Pushback

A U.S. military appeals court has denied Defense Secretary Lloyd Austin’s effort to nullify plea agreements for Khalid Sheikh Mohammed and two other defendants in the September 11, 2001, attacks. The decision reaffirms the agreements reached last year, which allow the defendants to avoid the death penalty in exchange for guilty pleas.

The Case So Far

The plea deals, finalized last summer, followed two years of negotiations between military prosecutors and defense attorneys. The agreements cover Mohammed, the alleged mastermind behind the 9/11 attacks, as well as Walid bin Attash and Mustafa al-Hawsawi.

Under the agreements, the three men would plead guilty in exchange for life sentences rather than face the death penalty. This resolution is seen by many as a practical way to conclude a case that has been mired in legal complications for over a decade.

A Legacy of Torture Complications

Much of the legal contention stems from the CIA’s use of torture on the defendants during their early detention. This has significantly tainted the evidence and caused delays in pretrial hearings. Defense attorneys argue the torture undermines the integrity of the case, complicating any potential path to the death penalty.

Austin’s Intervention and Court Ruling

Following the announcement of the plea agreements, Austin issued an order to nullify the deals, citing the severity of the 9/11 attacks and asserting his authority as defense secretary to make such decisions. However, defense lawyers countered that Austin lacked legal standing to intervene in plea deals approved by the Guantanamo court’s top authority.

Air Force Col. Matthew McCall, the military judge overseeing the case, sided with the defense, ruling that Austin’s intervention was unlawful. The Pentagon subsequently appealed to the military appeals court, which upheld McCall’s decision.

Potential for Further Appeals

The Pentagon now faces a choice: accept the ruling or escalate the matter to the U.S. Court of Appeals for the District of Columbia Circuit. As of Monday, there was no word from Austin or the Pentagon on their next steps.

The Broader Implications

Supporters of the plea agreements argue that resolving the case through these deals avoids further delays and provides some measure of closure to the families of 9/11 victims. Critics, however, see the agreements as insufficient justice for one of the deadliest attacks in U.S. history, which killed nearly 3,000 people and led to prolonged military engagements in Afghanistan and Iraq.

Conclusion

The court’s decision to uphold the plea deals keeps the case on track for resolution but leaves open the possibility of further challenges. Whether Austin will continue to fight the agreements remains to be seen, but for now, the defendants’ fate appears settled—short of the death penalty.


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