Credited from: LATIMES
Washington — The Biden administration has succeeded in temporarily blocking Khalid Sheikh Mohammed, the alleged mastermind behind the September 11, 2001 attacks, from entering a guilty plea that would have spared him from the death penalty. This latest development is seen as a significant pause in an enduring legal struggle that has persisted for over two decades, highlighting the complexities involved in bringing Mohammed to justice.
A three-judge appeals panel has intervened, postponing Mohammed's guilty plea which was scheduled for a military commission hearing at the U.S. naval base in Guantanamo Bay, Cuba. The legal maneuver is particularly unusual as the Biden administration seeks to overturn a plea agreement that was negotiated by its own Department of Defense. The deal, which included life sentences without parole for Mohammed and two co-defendants, has been described as a potential pathway for families of victims to achieve closure.
In the lead-up to this development, a small group of relatives of the nearly 3,000 victims had gathered in Guantanamo, hoping for some resolution to their long wait for justice. Elizabeth Miller, who lost her father in the terrorist attacks, expressed her disappointment, stating, “It’s very upsetting. I see the deals as the best way for families to receive finality” (LA Times). In contrast, another victim's parent, Gordon Haberman, echoed a sentiment of cautious optimism, noting, “If this leads to a full trial for these guys, then I’m in favor of that.”
The appeals panel has emphasized that its order to block the plea is temporary and will allow for a more thorough examination of the legal arguments surrounding the case, with further proceedings set for January 22. This timeline indicates that the discourse over the plea deal will continue into the next administration, possibly complicating the judicial landscape for military commissions handling terrorism cases.
Defense Secretary Lloyd Austin Jr. spearheaded efforts to reject the plea agreement, asserting that decisions regarding death penalties in such serious cases should rest firmly with the Pentagon's leadership. Legal representatives for Mohammed contend that the attempt to nullify the plea is indicative of the government’s long history of mismanagement in this case as they argued that the deal was already in effect, positioning Austin’s intervention as unprecedented.
This ongoing legal saga stems from the challenges surrounding the torture of Mohammed and other defendants during their detention by the CIA, which casts a shadow over the admissibility of their statements in court. Despite the deal being approved by military prosecutors and top Pentagon officials in July, Austin's recent intervention raises questions about the commitment to a cohesive legal strategy moving forward.
With families yearning for closure, the Justice Department has articulated concerns that accepting the plea would preclude the possibility of a public trial or the pursuit of capital punishment for the three men charged with orchestrating such a catastrophic act of terrorism, emphasizing the significant emotional and legal stakes involved ({Independent}).