In a dramatic reversal, Defense Secretary Lloyd J. Austin III has annulled the plea deal involving Khalid Sheikh Mohammed, the alleged mastermind behind the September 11 attacks. The decision shifts the high-profile case back to a potential death penalty trial, overturning an agreement that had been in place earlier this week.
Austin’s move came after he dismissed Brigadier General Susan K. Escallier, who had overseen the military commissions at Guantanamo Bay and had signed the plea agreement. The deal, which had been reached after two years of intense negotiations, would have seen Mohammed, along with his accomplices Walid bin Attash and Mustafa al-Hawsawi, plead guilty in exchange for life sentences rather than facing the death penalty. This agreement aimed to resolve the case, which has been mired in pretrial delays since 2012.
On Friday, the Pentagon announced that Austin had withdrawn the pretrial agreements signed on July 31, 2024. In a statement, Austin emphasized that decisions of this magnitude should be made under his direct authority, given the serious nature of the case. The plea deal had included provisions for the accused to admit guilt and respond to questions from the victims’ families.
The sudden reversal has taken legal teams at Guantanamo Bay by surprise. Gary D. Sowards, the lead defense attorney for Mohammed, expressed deep disappointment, criticizing the government’s handling of the case and its disregard for due process. Sowards remarked that after years of preparation, the withdrawal undermines the legal process.
The decision has also sparked reactions from lawmakers and victims’ families. Representative Gregory Meeks criticized the reversal, arguing that the death penalty is more appropriate for the perpetrators of such a heinous crime. The collapse of the plea deal has reignited debates about justice and accountability for the September 11 attacks.
The attacks, which resulted in nearly 3,000 deaths, led to the U.S. invasions of Afghanistan and Iraq and marked the beginning of the War on Terror. Khalid Sheikh Mohammed, who was captured in 2003 and subjected to harsh interrogation techniques before being held at Guantanamo Bay, was to have admitted his role in the attacks as part of the plea agreement.
Senate Minority Leader Mitch McConnell denounced the agreement as a “national disgrace,” accusing the Biden-Harris administration of failing to uphold justice. JD Vance, the Republican vice-presidential nominee, criticized the administration for negotiating with terrorists instead of pursuing harsher penalties.
The White House has stated that President Joe Biden was not directly involved in the plea agreement and reiterated his administration’s goal to close Guantanamo Bay. Despite this, the reversal has left many victims’ families feeling that their pursuit of justice has been thwarted once again.
Kathy Vigiano, whose husband was killed on 9/11, expressed frustration at the possibility that the accused might benefit from the U.S. judicial system. Jim Smith, the widower of a female police officer who died in the attacks, described the situation as a betrayal, emphasizing that the perpetrators should face the maximum penalties for their crimes.