A military appeals court has overturned Defense Secretary Lloyd Austin's decision to invalidate plea agreements for Khalid Sheikh Mohammed and two other defendants accused in the 9/11 attacks. This ruling effectively reinstates the agreements, which would see the men plead guilty in exchange for avoiding the death penalty.
The court's decision, revealed by a U.S. official speaking anonymously, puts the plea deals back on track. These agreements, negotiated over two years, aim to resolve the long-delayed cases against the accused. The deals were initially reached between military prosecutors and defense attorneys last summer.
The plea agreements are seen by supporters as a crucial step toward resolving the complex legal proceedings at the Guantanamo Bay military commission. Pretrial hearings in the case have stretched for over a decade, largely bogged down by arguments regarding the alleged torture of the defendants while in CIA custody. This historical controversy has created legal complications in the presentation of evidence.
Secretary Austin had previously sought to nullify the plea deals, citing the severity of the 9/11 attacks and asserting his authority to decide on agreements that would preclude the possibility of execution for the accused. However, this move was deemed by a military judge to be an unlawful interference. This decision resulted in the appeal that was recently decided.
Following the court's ruling, Austin has the option to further challenge the reinstatement of the plea deals by appealing to the U.S. Court of Appeals for the District of Columbia Circuit. The Pentagon has yet to issue a statement on the matter.
Separately, the Pentagon announced the repatriation of Ridah bin Saleh al-Yazidi, a Tunisian detainee held at Guantanamo for over two decades. Al-Yazidi, who was cleared for transfer by U.S. authorities more than ten years ago, is the last of a dozen Tunisian men who were held at the facility.
With Al-Yazidi's departure, the Guantanamo prison population is reduced to 26 detainees. The Biden administration has recently accelerated efforts to transfer detainees from the facility, having already moved three men this month. Currently, the U.S. is seeking suitable countries willing to accept the remaining 14 detainees who are cleared for transfer.
Of the remaining detainees at Guantanamo, seven are involved in active cases, including Mohammed and his two co-defendants. Two additional detainees have been convicted and sentenced by the military commission.
