The Biden administration has taken action to prevent a plea agreement for accused 9/11 mastermind Khalid Sheikh Mohammed that would spare him from the death penalty in connection with the devastating attacks on the United States in 2001.
The Justice Department has filed a brief with a federal appeals court in the District of Columbia, arguing that accepting guilty pleas from Mohammed and two co-defendants would irreparably harm the government. The plea deal would deny the government the opportunity for a public trial and the chance to seek capital punishment for the individuals charged with a heinous act of mass murder that claimed the lives of thousands.
The Defense Department initially negotiated and approved the plea deal, but later disavowed it. The defendants' attorneys assert that the agreement is legally binding and that attempts to invalidate it came too late.
Family members of the victims of the 9/11 attacks have differing opinions on the plea deal. While some view it as a necessary resolution after years of legal challenges, others are adamant about pursuing a trial and potential execution.
Legal experts have raised concerns that the complex legal issues surrounding the case, including allegations of torture during CIA custody, could prevent the defendants from facing verdicts and potential sentences.
Military prosecutors had informed families of the victims that a plea deal had been approved after lengthy negotiations, emphasizing that it represented the best path to closure and justice. However, some families and lawmakers have criticized the deal and the administration for endorsing it.
Defense Secretary Lloyd Austin has been actively opposing the agreement, arguing that decisions regarding death penalties in such significant cases should rest with the defense secretary. Despite his efforts, both a military judge at Guantanamo and a military appeals panel have upheld the validity of the plea deal.
The Justice Department contends that a brief delay to allow the court to consider the government's request will not harm the defendants significantly, as the prosecution has been ongoing for years and the plea agreements would likely result in lengthy prison sentences.
The government's filing criticized the military commission judge for limiting the defense secretary's authority in a case of national importance, emphasizing the need to preserve that authority through extraordinary measures.
