Seven news organizations have filed a legal motion urging the U.S. military commission at Guantanamo Bay to make public the plea agreement reached with alleged 9/11 mastermind Khalid Sheikh Mohammed and two co-defendants. The plea agreements, which were sealed shortly after being filed last month, have sparked controversy and objections from Republican lawmakers and families of the victims of the 2001 attacks.
Defense Secretary Lloyd Austin's decision to revoke the deal, following two years of negotiations between government prosecutors and defense attorneys overseen by his department, has led to disruptions in the ongoing pretrial hearings at Guantanamo. The three defendants have suspended their participation in further proceedings, with their lawyers raising concerns about the legality of Austin's intervention.
The news organizations, including Fox News, NBC, NPR, The Associated Press, The New York Times, The Washington Post, and Univision, argue that the public has a right to know the terms of the sealed agreement, especially given the political controversy surrounding it. They contend that public access to the records will help dispel speculation and accusations surrounding the case.
The legal challenges to Austin's actions and the responses from government prosecutors remain under seal, as the 9/11 case continues to navigate the complexities of pretrial hearings more than a decade after its inception. The issue of admissibility of evidence obtained through the defendants' torture during their time in CIA custody has further complicated the proceedings, along with logistical challenges such as staff turnover and the court's remote location.
Access to the trial proceedings is limited, requiring members of the press and the public to travel to Guantanamo or military installations in the U.S. to observe the hearings either in person or via remote video. Court filings are typically sealed indefinitely for security reviews to prevent the disclosure of classified information.
