A military appeals court has rejected Defence Secretary Lloyd Austin’s attempt to overturn plea deals for Khalid Sheikh Mohammed and two other suspects in the 9/11 attacks, as reported by media sources.
The ruling, announced on Monday night by a US official, allows the plea agreements to proceed. These deals would have the three defendants plead guilty to their roles in the 9/11 attacks, sparing them the possibility of the death penalty.
The plea agreements were reached after two years of negotiations between military prosecutors and lawyers for Mr. Mohammed, the alleged mastermind of the attacks, along with co-defendants Walid bin Attash and Mustafa Al Hawsawi. These agreements, which were approved by government authorities, were disclosed last summer.
Supporters view these agreements as a way to resolve the long-standing legal case against the suspects held at the US military commission in Guantanamo Bay. Pretrial hearings for the three men have dragged on for more than a decade.
Shortly after the plea deals were announced, Defence Secretary Austin issued an order nullifying them. He cited the severity of the 9/11 attacks, arguing that his office should have the final say on any agreements that remove the death penalty as an option.
Defence lawyers contested Mr. Austin’s move, saying he lacked the legal authority to override decisions already approved by the highest authority of the Guantanamo court. They called his action an unlawful interference in the case.
Mr. Austin now has the option to escalate his challenge to the US Court of Appeals for the District of Columbia Circuit.
This decision comes as one of the longest-held detainees at Guantanamo, Ridah bin Saleh Al Yazidi, was recently sent back to Tunisia. Detained since 2002, his repatriation followed a thorough inter-agency review. Earlier last year, Mr. Austin expressed support for Al Yazidi’s transfer.
Al Yazidi’s departure reduces the Guantanamo population to 26 detainees, a significant drop from its peak of about 700 after 2001.
This month alone, three other detainees were repatriated, while 14 remain approved for transfer to other countries. Seven detainees, including Mr. Mohammed and his co-defendants, still face active cases, while two others have been convicted and sentenced.
