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Defense Secretary Lloyd Austin withdraws plea deal for accused 9/11 terrorists

  

Category:  News & Politics

Via:  perrie-halpern  •  2 months ago  •  12 comments

By:   Megan Lebowitz and Courtney Kube

Defense Secretary Lloyd Austin withdraws plea deal for accused 9/11 terrorists
WASHINGTON — Defense Secretary Lloyd Austin on Friday withdrew the controversial plea deal for the three men accused of planning the 9/11 attacks.

S E E D E D   C O N T E N T


WASHINGTON — Defense Secretary Lloyd Austin on Friday withdrewthe controversial plea deal for the three men accused of planning the 9/11 attacks.

"Today, Secretary Austin signed a memo reserving for himself the specific authority to enter into pre-trial agreements with the accused in the 9/11 military commission cases," the Defense Department said in a press release. "In addition, as the superior convening authority, the Secretary has also withdrawn from the pre-trial agreements that were signed in those cases."

Austin announced the move in a memoaddressed to Susan Escallier, the convening authority for military commissions, who had worked to negotiate the deal.

"Effective immediately, I hereby withdraw your authority in the above-referenced case to enter into a pre-trial agreement and reserve such authority to myself," Austin said in the letter, which removes Escallier from the case.

The defense secretary, who designated Escalier to serve as convening authority for military commissions in 2023, said that he made the determination "in light of the significance" of the decision to make a plea deal, adding that "responsibility for such a decision should rest with me."

Officials said on Wednesday that Khalid Sheikh Mohammed, Walid Muhammad Salih Mubarak Bin 'Attash and Mustafa Ahmed Adam al Hawsawi had reached plea agreements. The three men were expected to plead guilty to lesser charges that would prevent them from receiving the death penalty, but the terms of the revoked deal remain unknown.

The plea deal had been negotiated among the accused men, their attorneys and Escallier. Officials previously said that the accused had been scheduled to appear at a hearing at Guantanamo Bay in Cuba next week.

Mohammed is accused of being a mastermind behind the 9/11 attacks, which killed 2,977 people.

A White House National Security Council spokesperson declined to comment, referring NBC News to the Defense Department. The Defense Department declined to comment beyond the press release.

Congressional Republicans celebrated Austin's decision to revoke the deal.

Rep. Michael McCaul, who chairs the Republican-led House Foreign Affairs Committee, said he was "glad to see" Austin's move.

"As I said previously, if any case warrants the death penalty, it's this one," said the Texas Republican in a post to X.

Sen. Lindsey Graham, R-S.C., said that Austin "did the right thing."

"The previous plea deal would have sent absolutely the wrong signal to terrorists throughout the world," Graham said. "I know the families of the victims of the 9/11 attacks will appreciate this — as do I."

The head of 9/11 Justice, a self-described grassroots movement of 9/11 victims' families, expressed frustration over families being left out of the discussions regarding the proceedings against the suspects.

"We are astounded and deeply frustrated that our families were not consulted or even notified in advance of the plea deal or its subsequent revocation," said the group's president Brett Eagleson. "These monsters need to be forced to share every piece of information they have about the attacks and be held fully accountable for the murder of our loved ones."

The plea deal had originally been met with criticism from families of victims and members of Congress.

The Republican-led House Oversight Committee said on Friday before Austin announced his decision that it would open an investigation into the White House's role in the plea deal.

Similarly, Rep. Mike Rogers, the Alabama Republican who serves as the chair of the House Armed Services Committee, said in a letter to Austin that he was "deeply shocked and angered by news" of a plea deal.

Speaker Mike Johnson linked the two GOP-led committees with Austin's decision, saying in a Friday night post to X that "the Biden-Harris Administration is correct to reverse course after receiving letters from @GOPoversight and @HASCRepublicans launching investigations into this terrible plea deal."

Former Attorney General Eric Holder, who served in the Obama administration, slammed the deal in a Thursday statement.

"The people responsible for structuring this awful deal did the best they could. They were dealt a bad hand by the political hacks and those who lost faith in our justice system," Holder told NBC News.

Holder had said in 2009 that the accused men would be brought to trial in federal court in Manhattan, where they could face the death penalty. While that plan did not come to fruition after members of Congress blocked the transfer of all inmates from Guantanamo Bay in Cuba to the U.S., the slow pace of the defendants' progress through the military commissions system — a form of military tribunal administered by the Defense Department — resulted in some unlikely support for a federal trial. Former Attorney General William Barr, who served in the administrations of former Presidents Donald Trump and George H.W. Bush, called the military commissions a "hopeless mess" and said the government would "likely succeed in obtaining a conviction" in federal court.


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Thomas
Masters Guide
1  Thomas    2 months ago

I believe that the situation is, as Barr called it,"A hopeless mess." 

I have listened to several in depth reports. The situation, the process, is stuck and I was surprised to hear that a deal had been reached. 

I know that there are families on both sides: Ones that were glad that there was progress and ones that did not think that the progress made is sufficient punishment for the heinous acts that these men planned. There are rules, the UCMJ that everyone is supposed to follow, and that is what I believe was occurring. It is my considered opinion that Secretary of Defense Austin is over-reaching and will appear imperial in his dictate. I understand why and may even agree with the sentiment, but I think that he should have left the ball in play instead of inserting himself into the mix. 

Remember the ones who have lost their lives in this country's name and remember also just what this country is supposed to stand for. 

Peace.

 
 
 
devangelical
Professor Principal
1.1  devangelical  replied to  Thomas @1    2 months ago

this episode of our history turned into a shit show when the bush brain trust decided that torture was a good idea...

 
 
 
cjcold
Professor Quiet
1.1.1  cjcold  replied to  devangelical @1.1    2 months ago

Always figured that the throwing of one guy out of the helicopter and then asking the other guy the same question was the way to do it.

That sort of thing normally happened just a few feet above ground.

Can't say it never happened at a thousand feet.

 
 
 
cjcold
Professor Quiet
1.1.2  cjcold  replied to  cjcold @1.1.1    2 months ago

Fuck all of 9/11 terrorists to death.

They should have all been executed long ago.

 
 
 
cjcold
Professor Quiet
1.1.3  cjcold  replied to  cjcold @1.1.2    2 months ago

And then there are the J6 terrorists who should be flogged. M

 
 
 
devangelical
Professor Principal
1.1.4  devangelical  replied to  cjcold @1.1.3    2 months ago

I feel no need to differentiate punishment between terrorists, foreign or domestic, although it would be nice to document on video said punishment for those engaged in traitorous activity...

 
 
 
Tessylo
Professor Principal
1.1.5  Tessylo  replied to  devangelical @1.1.4    2 months ago

Firing squad?  

 
 
 
Snuffy
Professor Participates
2  Snuffy    2 months ago

It's been 23 years since this happened, why do we still have anybody imprisoned at Gitmo? Why have the trials not already been completed? If they do not have sufficient evidence as to guilt or innocence by now they never will. 

 
 
 
cjcold
Professor Quiet
2.1  cjcold  replied to  Snuffy @2    2 months ago

It's because of far-right wing fascist who won't allow them to be charged.

 
 
 
Snuffy
Professor Participates
2.1.1  Snuffy  replied to  cjcold @2.1    2 months ago

It's because of far-right wing fascist who won't allow them to be charged.

No, I call bullshit on that reply as the issues are much more complex. Biden has been president for the past 3.5 years and he's done nothing here either. 

In 2002, the US opened a prison at its naval base in Guantánamo Bay, Cuba. The 9/11 attacks had occurred just months before, and the US was capturing hundreds of men in Afghanistan and Pakistan. It wanted a place to hold and question them. So the Bush administration opened Guantánamo and claimed that it existed outside of US and international law.

The detainees didn’t have to be charged with a crime to be imprisoned, and the US could hold them as long as they liked. By 2003, there were nearly 700 men imprisoned in Guantánamo, but there was backlash from around the world. When President Barack Obama took office in 2009, he pledged to close Guantánamo.

But politics quickly got in the way. He was able to decrease the prison’s population but faced legal challenges. Ultimately, no president has been able to close Guantánamo because once something is created outside the law, it’s almost impossible to bring it back inside the law.

Why the US still hasn’t closed the Guantanamo Bay prison - Vox

And this from NPR

Sacha Pfeiffer:   Resistance to closing Guantánamo has generally been Republican-led, but that's fading the further away we get from 9/11. So why do you think the Biden administration hasn't made closing Gitmo more of a priority?

Scott Roehm:   I think it's largely been a lack of courage and a lack of priority. There weren't nearly enough transfers out of Guantánamo. The administration released a handful of men earlier in the year, and then the transfers stopped. These are men that all of the agencies in the U.S. government with a significant national security function have agreed, unanimously, should be released. They no longer need to continue to be held. Their detention doesn't serve a national security purpose. In most cases, these decisions were made years ago.

Pfeiffer:   One big obstacle to closing Guantánamo is these "forever prisoners" languishing even though they've been cleared for release. Another big obstacle is that the 9/11 trial is hopelessly gridlocked — years and years of pretrial proceedings that many people think will never lead to a trial. There had been settlement talks underway to try to get the defendants to plead guilty in return for life in prison — what we assumed would be life in prison. But last summer, the Biden administration derailed that process by rejecting some proposed conditions of the deal. What did you think when you heard that?

Roehm:   This has been called the most important criminal case in U.S. history. And yet, for 16 years, the case has been spinning its wheels haplessly, this kind of rusty hamster wheel of injustice. And it's still years away even from a trial. A plea agreement is, realistically, the only way to resolve the case with some measure of justice and finality for victim family members at this point, and that's because the prosecution is built largely on quicksand. Almost all of the government's evidence that it would use in order to convict the men is based on torture.

Why did the administration reject a plea deal? As with most things Guantánamo, the answer is probably political. More specifically, I would guess a fear that there would be some public opposition to a plea agreement. If that's the reason, it is as misguided as it is disheartening. There will always be mixed reaction to anything that involves Guantánamo. There can't be perfect solutions to closing a place that's been so broken in so many complex ways for so long. It really comes down to the administration mustering some courage to make good on the president's promise.

So unless you're stating that the Biden administration is loaded with facists, your statement without proof is bullshit.

 
 
 
Buzz of the Orient
Professor Expert
3  Buzz of the Orient    2 months ago

I disagree with Austin.  Is he totally unaware that he will be doing them a favour, giving those monsters exactly what they want?  To them they become martyrs being killed by their enemy and will go straight to the Garden of Allah each to enjoy deflowering 72 virgins and revel in fucking them for all of eternity.  Austin is granting their greatest wish, giving them what they desire the most.  A more fitting end for them would be to live out the rest of their lives incarcerated, perhaps with 3 waterboarding sessions per day and pork stuffed down their throats for every meal.  After all, I've always been against the death penalty - it was abolished in Canada many decades ago.  

 
 
 
cjcold
Professor Quiet
3.1  cjcold  replied to  Buzz of the Orient @3    2 months ago

Sometimes you just make me giggle like a schoolgirl.

 
 

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