Legal analysis and reports from military court proceedings

Military Court Rules Austin Cannot Rescind 9/11 Plea Deals; Khalid Sheikh Mohammed May Avoid Death Penalty

Dec 31, 2024, 07:12 PM

A U.S. military appeals court has ruled that Defense Secretary Lloyd Austin lacked the authority to rescind plea agreements for Khalid Sheikh Mohammed and two other defendants accused of orchestrating the September 11, 2001, terrorist attacks that killed nearly 3,000 people. The Court of Military Commission Review upheld that Austin acted beyond his authority when he attempted to invalidate the plea deals two days after a senior Pentagon official had signed them. The agreements would allow Mohammed, Walid bin Attash, and Mustafa al-Hawsawi to plead guilty in exchange for avoiding the death penalty, potentially receiving life imprisonment. Accusations of CIA torture have complicated the case, and the plea deals aim to conclude the long-running legal proceedings. The decision reinstates the agreements and clears the way for Mohammed's guilty plea hearing, potentially scheduled for next week. The Biden administration had reached these plea deals earlier this year, but faced public backlash, leading Austin to attempt to rescind them.