A federal appeals court is on the verge of deciding whether the Pentagon has the power to back out of plea deals that ruled out the death penalty for three Guantanamo Bay prisoners linked to the September 11, 2001 terrorist attacks.
The Legal Battle Unfolds
The D.C. Circuit Court of Appeals issued a stay last Friday at the government's request to halt a military judge from accepting guilty pleas from Khalid Sheikh Mohammed, Walid bin Attash, and Mustafa al-Hawsawi. While this isn't a final ruling, the order indicates a likely win for the government when the formal opinion is released.
Of the three judges on the panel, Judges Patricia Millett and Neomi Rao voted to grant the stay, while Judge Robert Wilkins dissented. The details behind their decisions remain undisclosed.
Controversial Plea Agreements
Back in July, the alleged plotters struck plea agreements with a Pentagon official overseeing the Guantanamo military tribunal process, avoiding a full trial and potential death sentences. Instead, they faced life imprisonment, a move that divided opinions among victims' families and politicians.
Some families criticized the deal for bypassing trials and the death penalty, while others supported the resolution. Criticism also extended to the Biden administration, even though they claimed no prior knowledge of the arrangement.
Legal Back-and-Forth
Shortly after the agreements were signed, then-Defense Secretary Lloyd Austin moved to cancel them, citing lack of consultation. This led to a legal battle where the military judge upheld the agreements' validity, a decision upheld by a military appeals court.
The Biden administration and later the Trump administration sought to block formal acceptance of the agreements by the military commission, prompting potential further legal action by the defendants' lawyers.
Looking Ahead
Khalid Sheikh Mohammed and his associates have been detained since 2003 and transferred to Guantanamo in 2006. The U.S. asserts the right to hold them under war laws, irrespective of trial outcomes.
The legal wrangling continues, with implications on plea deals, military tribunals, and the rights of detainees at Guantanamo Bay.