9/11 plea deals can proceed after defense secretary moved to rescind them, military appeals court rules
A U.S. military court upheld a judge’s ruling that said Defense Secretary Lloyd Austin acted improperly when he invalidated plea agreements for three men accused of planning the 9/11 attacks.
A U.S. military court on Monday upheld a judge’s ruling that said Defense Secretary Lloyd Austin acted improperly this year when he invalidated plea agreements for three men accused of planning the terrorist attacks of Sept. 11, 2001.
The Court of Military Commission Review heard an appeal that sought to preserve Austin's move in August to unravel the plea deals with Khalid Sheikh Mohammed, Walid Muhammad Salih Mubarak Bin ‘Attash and Mustafa Ahmed Adam al Hawsawi. The agreements allow the defendants to plead guilty to lesser charges that would prevent them from receiving the death penalty.
Guantánamo Bay detainees, from left, Khalid Sheikh Mohammed, Walid Muhammad Salih Mubarak Bin ‘Attash and Mustafa Ahmed Adam al Hawsawi.APThe three-judge panel concluded that Austin did not have the authority to back out of deals implemented by Susan Escallier, the convening authority for military commissions appointed by the defense secretary last year who worked to negotiate the agreements.
The court said the defense secretary improperly rescinded the deals after the pretrial agreements were already underway.
Chief Judge Lisa M. Schenck wrote in her opinion, with the two other judges concurring, that Austin’s intervention in existing pretrial agreements was “without precedent.”
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