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Military Judge Brings Back Plea Deals for Alleged 9/11 Mastermind and Accomplices


U.S. Air Force Col. Matthew McCall has determined that Defense Secretary Lloyd Austin lacked clear authority to revoke plea agreements with three 9/11 defendants.

A military judge has reinstated a set of plea agreements for three defendants on trial for the September 11, 2001, terrorist attacks. This comes after Secretary of Defense Lloyd Austin previously intervened to block the plea agreements.

On July 31, the Pentagon announced that Susan Escallier had approved pretrial agreements with Khalid Shaikh (Sheikh) Mohammad, Walid Muhammad Salih Mubarak Bin ‘Attash, and Mustafa Ahmed Adam al Hawsawi, who are facing charges related to the 9/11 attacks. These agreements would spare the defendants from the death penalty in exchange for guilty pleas.

The defendants face charges including conspiracy, attacking civilians, murder, hijacking, and terrorism in an attack that killed almost 3,000 people and injured many more on U.S. soil.

In a reversal of his previous decision, Austin issued a memorandum on Aug. 2 withdrawing the plea agreements and reserving the authority to make further agreements with the defendants.
However, U.S. Air Force Col. Matthew McCall, presiding over the case, concluded on Nov. 6 that Austin did not have the clear authority to withdraw the plea agreements as stated in his Aug. 2 memorandum.

McCall stated, “Withdrawal authority belongs to the convening authority alone and is not subject to a limitation as the Secretary may prescribe. The Secretary of Defense did not purport to make himself the Convening Authority for this case.”

McCall further explained that once the defendants had started fulfilling the conditions of the pretrial agreement, the convening authority lost the right to withdraw from the deal.

It remains uncertain if the U.S. government will appeal McCall’s decision.

Efforts to push the 9/11 prosecutions forward have been met with delays and legal challenges over the years.

If the cases proceed to trial and sentencing, the U.S. Court of Appeals for the District of Columbia Circuit is expected to face numerous challenges as the defendants appeal any death penalty sentences.

These appeals could involve concerns about the destruction of interrogation footage, the impact of torture claims on evidence admissibility, and whether Austin’s memo constituted undue interference in the prosecution.

The Associated Press contributed to this article.



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