A United States military judge has ruled that plea agreements with the alleged plotters of the September 11, 2001, attacks are valid, reversing an order by Defense Secretary Lloyd Austin. The order means that the three accused men, including Khalid Sheikh Mohammed, may eventually be sentenced to life in prison instead of facing the death penalty. The judge, Air Force Colonel Matthew McCall, argued that Austin did not have the legal authority to rescind the plea deals, and ordered that the men can appear before his court to enter pleas. The Pentagon is reviewing the decision and prosecutors have not commented on the ruling.
The defendants in the September 11 attacks case have been mired in litigation for years, particularly over allegations of torture by the CIA. Pretrial hearings were scheduled for another defendant, Ammar al-Baluchi, who has not reached a plea deal. Ramzi bin al-Shibh, the fifth defendant, was found incompetent to stand trial or reach a plea deal last year. A forensic psychiatrist is expected to testify on whether the defendants made their confessions under torture or voluntarily.
The cases are expected to continue for a long time even if verdicts and sentences are reached, as they will likely be subject to review by a US court of appeals. Many issues, including the destruction of videos of interrogations by the CIA, are expected to be raised during the appeals process. Khalid Sheikh Mohammed, the alleged mastermind behind the attacks, was captured in Pakistan in 2003 and spent years in secret CIA prisons before arriving at Guantanamo in 2006. Walid bin Attash, another defendant, allegedly trained two of the hijackers and was also held in secret CIA prisons. Mustafa al-Hawsawi, suspected of managing the finances for the attacks, was arrested in Pakistan in 2003 and transferred to Guantanamo in 2006.
The judge’s ruling that the plea agreements are valid has implications for the eventual sentencing of the accused, potentially sparing them from the death penalty. The cases have been marked by delays and legal challenges, particularly surrounding allegations of torture during the defendants’ detention by the CIA. Despite progress in the legal proceedings, the cases are expected to continue for a significant amount of time as they make their way through the appeals process. The ruling by the military judge highlights the complexities and legal challenges surrounding the prosecution of high-profile terrorism cases in the US military justice system.
