A federal appeals court seems likely to rule in favor of the Pentagon’s authority to withdraw from plea deals that ruled out the death penalty for three Guantanamo Bay prisoners accused of plotting the September 11, 2001 terrorist attacks.
In a recent order, the D.C. Circuit Court of Appeals granted a stay requested by the government to prevent a military judge from accepting guilty pleas from Khalid Sheikh Mohammed, Walid bin Attash, and Mustafa al-Hawsawi.
The Legal Standoff
While this order isn’t a final verdict, it strongly suggests the government’s stance is likely to succeed when the court issues its formal opinion.
During the recent arguments, two of the three judges on the panel voted in favor of the stay: Judge Patricia Millett, appointed by President Barack Obama, and Judge Neomi Rao, appointed by President Donald Trump. Judge Robert Wilkins, also an Obama appointee, indicated a different opinion.
Back in July, the alleged plotters had reached plea agreements with a Pentagon official overseeing the military tribunal process at Guantanamo.
The plea agreements would have avoided a full trial and the possibility of the death penalty, offering instead a likely life sentence for the accused Al Qaeda operatives. This decision was communicated to the victims’ families, with mixed reactions.
The Aftermath
Some families criticized the deal for closing off the option of full trials and potential death penalties, while others supported it. The Biden administration faced backlash from Republicans over the deal, even though they claimed no prior knowledge of it.
Shortly after the agreements were signed, then-Defense Secretary Lloyd Austin moved to invalidate them, citing lack of proper consultation before their approval.
Subsequently, lawyers for the alleged plotters contested this move, leading to a military judge affirming the binding nature of the agreements. A military appeals court panel upheld this decision.
Following this, the Biden administration sought to block the military commission from accepting the agreements, a stance maintained by the Justice Department under President Donald Trump.
The Legal Battle Continues
Attorneys for the 9/11 defendants have the option to appeal to the full bench of the D.C. Circuit or the Supreme Court to address this issue.
Khalid Sheikh Mohammed and his alleged accomplices have been in U.S. custody since 2003, later transferred to Guantanamo in 2006. Despite the legal authority claimed by the U.S. to detain them under war laws, their fate remains uncertain.
