A US military appeals court has ruled against Pentagon chief Lloyd Austin's attempt to block potential plea deals for Khalid Sheikh Mohammed and two alleged co-conspirators in the September 11, 2001 attacks.
The decision could lead to plea agreements for Mohammed, Walid bin Attash, and Mustafa al-Hawsawi, sparing them the death penalty in exchange for guilty pleas. A plea hearing for Mohammed, accused of masterminding the attacks that killed nearly 3,000 people, is scheduled for next week.
The ruling upheld a previous decision by military judge Colonel Matthew McCall, asserting that Austin lacked authority to overturn plea bargains initially approved by a Pentagon official.
Complications of torture in trials
The case has been mired in delays, partly due to allegations of torture during the so-called “global war on terror.” The use of "enhanced interrogation techniques" by the CIA on detainees has sparked legal and public outcry, potentially jeopardizing convictions.
For instance, former al-Qaeda courier Majid Khan was sentenced to 26 years in 2021 after enduring waterboarding, starvation, and sexual abuse. Despite his conviction, the military jury urged clemency due to the severity of his mistreatment.
Guantanamo’s shadow
Mohammed and his co-defendants have been held at Guantanamo Bay, a symbol of post-9/11 abuses. The Biden administration initially aimed to close the detention center but has yet to do so, with 26 detainees remaining.
Four detainees, including Tunisian Ridah bin Saleh al-Yazidi, were recently transferred. Al-Yazidi was repatriated to Tunisia after more than a decade of being cleared for release.
Next steps
Despite the court’s ruling, Austin may appeal to the US Court of Appeals for the DC Circuit, potentially causing further delays. Pre-trial hearings in the case have already spanned over a decade, with no resolution in sight.
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