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The Biden administration has asked a federal appeals court to temporarily block plea agreements with three detainees at Guantanamo Bay, Cuba, including 9/11 mastermind Khalid Sheikh Mohammad, seeking to avoid the death penalty for the defendants. There is.
The three prisoners were scheduled to enter their pleas at a military prison as early as Friday.
On New Year’s Eve, the Court of Military Appeals rejected Defense Secretary Lloyd Austin’s efforts to block the agreement between military prosecutors and defense attorneys, saying Austin did not have the authority to rescind the plea deal.
Specifically, the court’s opinion stated that the plea agreement entered into by military prosecutors and defense attorneys was valid and enforceable, and that Austin overstepped his authority when he later attempted to invalidate the plea agreement. .
Military Appeals Court rules that Defense Division Austin cannot rescind 9/11 plea deal
Khalid Sheikh Mohammed, organizer of the September 11, 2001 terrorist attacks (HO/AFP, from Getty Images/File)
“The defendants are charged with committing the most egregious criminal act in modern history on American soil: the 9/11 terrorist attacks,” the government said in its appeal this week.
“Despite the fact that the Secretary of Defense legally withdrew these agreements, the military commission judges deprived the government and the American people of a public trial regarding the defendants’ guilt and possible death penalty,” the judge said. We intend to force a deal,” the appeal said. “Once the judge accepts the plea, the harm to the government and the people will be irreparable. The judge plans to do so at a hearing beginning January 10, 2025.”
The appeal also pointed out that once the military commission accepts the guilty plea, a return to the status quo would likely be impossible.
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The control tower at Camp VI detention facility at Naval Base Guantanamo Bay, Cuba. (AP Photo/Alex Brandon/File)
“The government and the people have the opportunity to seek a public trial and the death penalty for the guilt of the three men accused of a heinous act of mass murder that killed thousands of people and shocked the nation and society. “We’re going to lose the world.” “The government is likely to prevail on the merits of the petition for writs of mandamus and writ of prohibition, at least unless this court issues a stay of military commission proceedings related to enforcement of the withdrawn military commissions. It would be a painful victory.”Until this court decides on the merits of the government’s petition, we are required to enter into a pretrial agreement and accept the defendant’s plea. ”
A plea deal in the long-running case against the terrorists was concluded over the summer and approved by top officials at the Guantanamo military commission.
Many 9/11 victims and US politicians have condemned the plea deal.
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Guantanamo Bay Naval Base, Cuba (AP Photo/Alex Brandon/File)
“Joe Biden and Kamala Harris have weaponized the Department of Justice to go after their political opponents, but they cut sweet deals with the 9/11 terrorists,” current Vice President-elect J.D. Vance said at the time. Ta.
The Pentagon withdrew from the agreement in July.
“In the exercise of my authority, I hereby rescind the three pretrial agreements you signed on July 31, 2024,” the letter from Austin reads.
The Biden administration announced Monday that it will transfer 11 Yemeni detainees held at Guantanamo Bay to Cuba, including two of Osama bin Laden’s former bodyguards.
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President Biden (AP Photo/Manuel Balce Ceneta/File)
All were captured in the aftermath of the September 11, 2001 terrorist attacks and held for more than 20 years without charge or trial.
The transfer took place as part of a covert operation early Monday morning, days before Muhammad, Guantanamo’s most notorious prisoner, was scheduled to plead guilty to planning the 9/11 attacks that killed nearly 3,000 people in exchange for a life sentence. It was done. The New York Times reported that he faces a death penalty trial.
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The move has been in the works for about three years, after initial plans to move in October 2023 ran into opposition from members of Congress.
Fox News Digital’s Danielle Wallace and Louis Casiano contributed to this report.
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