FORT MEADE, Md. (AP) — A lawyer representing news organizations has urged the U.S. military commission at Guantanamo Bay to unseal the plea deal made with accused 9/11 mastermind Khalid Sheikh Mohammed and two others. The lawyer argued that the public has a constitutional right and a compelling need to follow one of the most disputed prosecutions in the country.
The plea agreement, reached in August by the accused, their U.S. government prosecutors, and the Guantanamo commission's top official, was abruptly revoked by Defense Secretary Lloyd Austin shortly after becoming public. This move has sparked intense debate in the ongoing military hearings related to the September 11, 2001, attacks, which resulted in the deaths of nearly 3,000 people and led to prolonged U.S. military interventions overseas.
The plea deal would have spared Mohammed and his co-defendants from the death penalty in exchange for their guilty pleas in the al-Qaida attacks. However, following the public disclosure of the deal, top Republican lawmakers and the White House expressed concerns, while families of the victims had mixed reactions.
Defense Secretary Austin justified his decision to revoke the plea bargain by stating that the responsibility for such a significant decision should rest with him. Mohammed and his co-defendants have challenged Austin's action, alleging illegality and claiming undue external influence from the Biden administration, lawmakers, and others.
Seven news organizations, including Fox News, NBC, NPR, The Associated Press, The New York Times, The Washington Post, and Univision, have contested the sealing of the plea deal.
During Friday's hearing, the ad hoc nature of the military commission was emphasized, with arguments revolving around civilian and military legal precedents regarding the public disclosure of the plea agreement terms. Both defense and prosecution lawyers opposed the news organizations' request to make the plea deal public, citing concerns about potential impacts on future sentencing panels.
Prosecutors expressed worries about an information overload affecting the defendants' willingness to plead guilty, while defense lawyers criticized the news media for seeking profit and adding to the debate surrounding the case. The lawyer representing the news outlets argued that the public's right to know what transpires in the courts and government should not be restricted.
The commission judge, Air Force Col. Matthew McCall, indicated that a decision on unsealing the plea deal could be reached as early as November.
