The US Military Appeals Court rejected US Defense Secretary Lloyd Austin’s attempt to rule out the possibility Plea deals The alleged mastermind of the September 11, 2001 attacks and his co-conspirators.
These deals could lead to the three men – Khalid Sheikh Mohammed, Walid bin Attash, and Mustafa Al-Hawsawi – pleading guilty to the attacks that killed nearly 3,000 people. In return, they will be spared the possibility of the death penalty.
A hearing is scheduled for Mohammed, who is accused of masterminding the killings, next week.
The New York Times and Associated Press reported Monday evening that the military appeals court ruled against Austin.
The decision upheld an earlier ruling by military judge Col. Matthew McCall, who ruled that Austin lacked standing to void plea deals after they were initially approved.
News of potential plea deals emerged several months ago. They point to a possible way out of an issue that has long been complicated by… Use of torture Concerning the prisoners who were arrested during the so-called “global war on terrorism”, launched by the United States in the wake of the September 11 attacks.
Legal experts said the use of torture – which former President George W. Bush’s administration called “enhanced interrogation” – could prolong or prevent a conviction.
For example, revealing it Majid Khana former Al-Qaeda correspondent, was tortured at a CIA black site, sparking public outrage. The CIA denied the accusations, but Khan’s lawyers described him being sexually assaulted, starved, and waterboarded.
In 2021, a military jury, made up of eight officers, sentenced Khan to 26 years in prison, the shortest possible sentence. But seven of the eight members of the committee urged the government to offer clemency, given the nature of the torture to which Khan was subjected.
Like Khan and other September 11 defendants, Mohammed and the other defendants are being tried before a special military commission set up under World War II-era laws that allow foreign defendants to be tried outside the American justice system.
While a Pentagon appointee initially signed off on the plea deals, Austin sought to void the agreements in August amid pressure from lawmakers and family members of victims, who viewed the deals as too lenient.
Austin later said he believed the Americans deserved the chance to pursue the trials.
However, defense attorneys charged that Austin’s push to nullify the plea deals constituted illegal interference in the case.
Despite Monday’s decision, Austin can still appeal the case to the U.S. Court of Appeals for the District of Columbia Circuit, which could cause further delays.
Years of hearings
The preliminary hearings for the three men in the case and the fourth accused, Ammar Al Balushi, extended for more than a decade. Unlike his three co-defendants, Al-Balushi did not agree to negotiate a plea deal.
The four defendants are being held at Guantanamo Bay detention center in Cuba.
The military prison has become an enduring symbol of US abuses in the wake of the September 11 attacks, with dozens of detainees still held there without enjoying the rights guaranteed by US law.
The administration of US President Joe Biden entered office hoping to close the facility forever, but it remains open as President-elect Donald Trump prepares to take office on January 20.
Guantanamo Bay, which previously held 800 detainees, had about 40 people when Biden took office in 2021.
Many have since been transferred to other countries, including four in the past two weeks.
Among these detainees is Tunisian Reda bin Saleh Al-Yazidi. The Pentagon announced Monday that it was He returned home To Tunisia.
Although his transfer was approved more than a decade ago, the Yazidi remained in Guantanamo Bay for years, as no agreement had previously been reached with the Tunisian government.
Al-Yazidi, a suspected al-Qaeda member, was never charged after he was arrested in Pakistan near the Afghan border in 2001.
According to the Pentagon. 26 people They remain detained at Guantanamo Bay. Of this group, 14 are eligible for transfer.
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