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On Friday, a divided federal court of appeals in Washington, D.C., threw away the contract allowing Khalid Sheikh Mohammed, the mastermind behind the 9/11 terrorist attack, to plead guilty.
2-1 The DC Circuit’s decision to cancel the plea deal approved by then-Defense Secretary Lloyd Austin’s military counsel and senior Pentagon staff.
The deal would have taken the lives of Mohammed and the two co-defendants without parole statements.
Khalid Shaikh Mohammed was previously on the most wanted terrorist list. (My/Getty Images)
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Mohammed, a Pakistani citizen, has been accused of spearheading the 9/11 attack on the World Trade Center, the Pentagon and another commercial jet liner that crashed in the Pennsylvania.
Austin said decisions on whether to take the death penalty from the table could only be made by the Secretary of Defense.
However, legal concerns stem from whether the original plea agreement is legally binding and whether Austin is too long to dismiss it.
The contract was withdrawn by then defence chief Lloyd J. Austin. (Tom Williams/CQ-Roll Call, Inc, Getty Images)
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The court held that Austin had legal authority to withdraw from the contract as the promises made in the transaction had not yet been met and the government had no appropriate alternative remedies.
Since the Court of Appeals put the contract on hold, the defendant was not held to have been previously scheduled on Friday.
Majority judges Patricia Millett and Justice Neomi Rao said the government “stood that Secretary Austin has delayed action to avoid the challenges of illegal impacts, waiting for what type of agreement will arise from negotiations and waiting to determine whether intervention is necessary.”
The court found that then-Defense Secretary Lloyd Austin was acting within his legal authority. (Reuters/Evelyn Hockstein)
Citing previous unlawful impact allegations against various government officials, including the Secretary of Defense, Millett and Rao, Austin found it “reasonable” to withdraw from the contract to avoid additional lawsuits.
“The secretary, who properly envisaged the convening authority, ruled that “the family and the American people deserve an opportunity to see the military commission trial.” “The Secretary acted within the boundaries of his legal authority and we refused to reauthorize his judgment,” he wrote.
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Judge Robert L. Wilkins dissented, insisting that siding with the government was too much.
“The court’s retention is amazing,” Wilkins wrote. “The majority do not just believe in the respondent [prosecutors who negotiated the plea deal] Although they did not begin a performance, the government believes it has established a clear and indisputable right to mandama or warrants of prohibition. ”
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“It is impossible for the government to conclude that it has shown that it is clearly and uncontroversially entitled to the bailout,” he continued. “That demanding mandama standard is farther from the extent to which the government cannot cite binding on-point precedents to support its claims, and we are constrained to review clear errors both in the military judge’s findings that the PTA covers the application of relevant promises and withdrawal regulations.
Alexandra Koch is a Fox News digital journalist covering Breaking News, focusing on impactful events that shape public conversations and impact government responses.
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