I n a significant reversal, US Defense Secretary Lloyd Austin has rescinded a pre-trial agreement for the men accused of plotting the September 11 terrorist attacks. The original deal, which reportedly would have spared the alleged attackers from the death penalty, had faced criticism from some families of the victims.
In a memo issued on Friday, Austin also revoked the authority of Brigadier General Susan Escallier, the officer overseeing the military court who signed the agreement on Wednesday. The memo named five defendants, including the alleged ringleader Khalid Sheikh Mohammed (KSM), all of whom are detained at Guantánamo Bay. Initially, the deal involved three men.
"I have determined that, in light of the significance of the decision to enter into pre-trial agreements with the accused… responsibility for such a decision should rest with me as the superior authority," Austin wrote. "I hereby withdraw your authority. Effective immediately, in the exercise of my authority, I hereby withdraw from the three pre-trial agreements."
The White House stated that it had no involvement in the plea deal.
The five men named in the memo are Khalid Sheikh Mohammed, Walid Muhammad Salih Mubarak bin Attash, Mustafa Ahmed Adam al-Hawsawi, Ramzi bin al-Shibh, and Ali Abdul Aziz Ali. These men have been in custody for decades without trial, all alleging they were tortured. KSM was subjected to waterboarding 183 times before the practice was banned by the US government.
The men have faced over a decade of pre-trial hearings, complicated by allegations and evidence of torture. Several family members of victims had criticized the plea deal, describing it as too lenient.
Brett Eagleson, president of 9/11 Justice, which represents survivors and relatives of victims, expressed deep concerns about the plea deals. Terry Strada, who lost her husband in the attacks, described the plea deal as a "gut-punch."
Gary Sowards, a lawyer representing Mohammed, expressed shock and disappointment at the sudden reversal, criticizing the government's handling of the case.
The accused face charges including attacking civilians, murder in violation of the laws of war, hijacking, and terrorism. In September, the Biden administration reportedly rejected a plea deal with the five men, who had sought guarantees against solitary confinement and access to trauma treatment.
Khalid Sheikh Mohammed is alleged to have proposed the idea of hijacking planes to al-Qaeda leader Osama bin Laden. He was captured in Pakistan in 2003 along with Hawsawi, a Saudi national accused of fundraising for the operation. Ali, a computer scientist and KSM’s nephew, allegedly provided technical support, while bin al-Shibh and bin Attash, both Yemeni nationals, coordinated and planned aspects of the attack.
Several Republicans applauded Austin's decision to revoke the deal. Speaker of the House Mike Johnson and Senator Lindsey Graham praised the move, emphasizing the importance of delivering justice for 9/11 families and sending a strong message to terrorists.
Earlier on Friday, Republican Chairman of the House Armed Services Committee Mike Rogers demanded answers from Austin regarding the deal, criticizing any willingness to negotiate with terrorists who harm Americans.
The 9/11 attacks, which resulted in the deaths of nearly 3,000 people, sparked the "War on Terror" and led to the invasions of Afghanistan and Iraq, making it the deadliest assault on US soil since the 1941 attack on Pearl Harbor.
0 Comments