Death penalty back on the table: US cancels plea deal for 9/11 plotters

Decision impacts Khalid Sheikh and others, emphasising seriousness of 9/11 charges and ongoing quest for justice

US Defence Secretary Lloyd Austin has overridden a plea agreement for Khalid Sheikh Mohammed, the alleged mastermind behind the September 11, 2001, terrorist attacks, and two accomplices on Friday late.

This decision reverses the earlier plea deals that would have allowed the defendants to avoid the death penalty in exchange for life sentences.

The announcement came two days after the military commission at Guantanamo Bay, Cuba, reported that retired Brigadier General Susan Escallier had approved plea agreements for Mohammed, Walid bin Attash, and Mustafa Al-Hawsawi. These agreements were set to conclude with the defendants formally entering their pleas in the upcoming week.

The plea agreement was criticised by some families of the nearly 3,000 victims of the 9/11 attacks, who argued that it eliminated the possibility of full trials and potential death sentences. Many Republicans also voiced their disapproval, criticising the Biden administration, despite the White House stating that it was unaware of the plea deal.

In a memorandum issued on Friday, Austin stated, "I have determined that, in light of the significance of the decision to enter into pre-trial agreements with the accused... responsibility for such a decision should rest with me." He officially nullified the agreements in a memo addressed to Susan Escallier, asserting his authority over the decision.

Austin's memorandum indicated that the three defendants would now face death penalty cases, highlighting the importance of the decision and the need for direct oversight by the Secretary of Defence. He emphasised that the gravity of the situation required his personal involvement and that the responsibility could not be delegated.

The defendants have been in pre-trial hearings since 2008, with the proceedings delayed by various legal issues, including the inadmissibility of evidence obtained through torture while in CIA custody. The prolonged legal battle has frustrated many, as the cases have struggled to progress toward full trials.

Austin's decision marks a significant shift in the handling of these high-profile cases, bringing the possibility of capital punishment back to the forefront. The announcement has reignited the debate over justice for the 9/11 victims and the appropriate handling of those accused of orchestrating one of the deadliest terrorist attacks in history.

The cancellation of the plea deals leaves the future of the legal proceedings uncertain, as the military commission must now navigate the complexities of a death penalty case. This development underscores the ongoing challenges faced by the US justice system in addressing acts of terrorism and ensuring accountability for those involved.