Shadowy Battles and Secret Deals: The 9/11 Tribunal Twist That Defied the Pentagon’s Top Brass

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A military appeals court has ruled against U.S. Defense Secretary Lloyd Austin’s attempt to nullify plea deals for three defendants involved in the 9/11 attacks, including Khalid Sheikh Mohammed. The plea agreements, which were reached after extensive negotiations, allow the defendants to plead guilty in exchange for being spared the death penalty. The attacks, orchestrated by al-Qaida, claimed nearly 3,000 lives on September 11, 2001, prompting U.S. military actions in Afghanistan and Iraq.

The plea deals were halted when Secretary Austin intervened, citing the gravity of the attacks as justification for voiding any agreements that would prevent the death penalty for the accused. However, defense attorneys argued that Austin’s move was legally baseless since the deals had already received approval from the military commission at Guantanamo Bay. The military appeals court’s decision upholds the validity of the plea agreements, underscoring Austin’s lack of authority to unilaterally dismiss them.


Despite the ruling, Austin may still consider further legal action by appealing to the U.S. Court of Appeals for the District of Columbia Circuit. Meanwhile, efforts continue to resolve the complex legal cases at Guantanamo Bay, which have faced significant delays due in part to debates over the use of evidence potentially tainted by allegations of torture during the defendants’ initial detention by the CIA.

In a related development, the Pentagon confirmed the repatriation of Ridah bin Saleh al-Yazidi, a Tunisian detainee held at Guantanamo Bay since 2002. His release brings the remaining detainee population at the facility down to 26, with 14 others cleared for transfer as the U.S. seeks suitable countries for their relocation. Human rights advocates continue to press for the closure of Guantanamo, urging the Biden administration to address the status of remaining detainees who have not been charged with any crimes.