The Big Picture
A military appeals court has ruled against Defense Secretary Lloyd J. Austin III’s attempt to nullify plea agreements for three defendants in the Sept. 11, 2001, attacks. The ruling reaffirms plea deals that spare Khalid Shaikh Mohammed and two co-defendants the death penalty in exchange for guilty pleas.
Why It Matters?
The Sept. 11 attacks, carried out by Al Qaeda, killed nearly 3,000 people and led to two decades of U.S. military action in Afghanistan and Iraq. This legal case has dragged on for over a decade, and supporters of the plea agreements see them as a way to resolve a complicated and lengthy judicial process.
Background on the Plea Deals
The Agreements
The plea deals involve Khalid Shaikh Mohammed, the accused mastermind of the attacks, and two co-defendants, Walid bin Attash and Mustafa al-Hawsawi.
Negotiations spanned two years, culminating in agreements announced during the summer.
The defendants avoid potential execution but plead guilty to their roles in the attacks.
Legal Challenges
Defense Secretary Austin nullified the agreements shortly after their announcement, arguing that he, given the gravity of the attacks, should decide on such deals.
Defense lawyers contested Austin’s authority, calling his move unlawful interference.
Military Appeals Court Decision
The Ruling
The court affirmed that Austin lacked the legal standing to overturn plea agreements approved by the Guantanamo court’s top authority.
Military Judge Air Force Col. Matthew McCall previously ruled similarly, prompting the Pentagon’s appeal.
Next Steps
Austin could escalate the matter to the U.S. Court of Appeals for the District of Columbia Circuit.
The Pentagon has not yet commented on whether it will pursue this option.
Guantanamo Detainee Transfers
Recent Repatriation
Separately, the Pentagon transferred Ridah bin Saleh al-Yazidi, one of the longest-held Guantanamo detainees, to Tunisia.
Al-Yazidi’s transfer leaves 26 detainees at Guantanamo, a significant decrease from the prison’s peak population of 700 after 9/11.
Detainee Status
Of the remaining detainees:
14 have been cleared for transfer.
7 face ongoing legal cases, including Mohammed and his co-defendants.
2 have been convicted and sentenced by the military commission.
U.S. Efforts
The Biden administration is under pressure to expedite the release of detainees held without charges.
Officials are working to find stable countries willing to accept the 14 cleared detainees.
Key Takeaway
The military appeals court’s decision is a pivotal moment in the long-running 9/11 case, restoring plea agreements and highlighting the complexities of resolving Guantanamo detainees' legal status. As legal battles persist, the Biden administration continues efforts to reduce the detainee population at Guantanamo Bay.
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