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The Abrupt Reversal of the 9/11 Plea Deal and Its Impact on Victims' Families and Politics


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The sudden cancellation of a plea deal in the September 11 case last week has left victims’ families in a state of shock and raised significant political questions for the Pentagon and the Biden administration. Defense Secretary Lloyd Austin’s decision on Friday to revoke the deal, which would have taken the death penalty off the table for three prisoners accused of plotting the September 11, 2001, terrorist attacks, was described as “emotional whiplash” by family members who had supported the plan. This plea agreement was intended to resolve the long-running case with lifetime sentences for Khalid Shaikh Mohammed, the man accused of planning the attacks, and two alleged accomplices.

 

The announcement of the deal, and its subsequent revocation, has reignited public attention and controversy. Republicans and some victims’ families criticized the plea agreement as too lenient, arguing that the defendants deserved harsher punishment. The administration’s sudden reversal has now put the case back in the spotlight, raising questions about the future of the legal proceedings and the political motivations behind the decision.

 

The plea agreement was reached between the Office of Military Commissions and Khalid Shaikh Mohammed, also known as KSM, along with two of his accomplices. The deal involved life sentences, allowing the defendants to avoid the death penalty. This agreement was an effort to bring an end to cases that have been mired in delays and pretrial proceedings for years. KSM is accused of masterminding the deadly 9/11 attacks that killed nearly 3,000 people. Two of his accomplices who accepted the deal are also accused of involvement in the attacks, while another two prisoners have been charged but did not reach a plea deal last week. All five defendants have been held since the early 2000s and are currently detained at the Guantanamo Bay facility in Cuba. They were initially charged in 2008 and again in 2012 but have remained in pretrial status.

 

Retired Brigadier General Susan Escallier, a lawyer and the Pentagon official responsible for military commissions, signed off on the plea agreement with the three men. The contents of the deal remained mostly secret, following the 51st round of pretrial hearings, a closed court session that did not involve the defendants. Shortly after Escallier approved the deal, family members of the 9/11 victims were notified by phone. One individual was told the agreement was “the best worst option,” according to The New York Times. In a letter to the relatives, survivors of the attacks, and other victims, including New York City firefighters, prosecutors stated that they had not reached the decision “lightly.”

 

Defense Secretary Austin, who was returning from a weeklong trip to Asia, learned of the deal towards the end of his flight. Austin’s order, released on Friday night, nullified the earlier agreements. As the ultimate authority above Escallier, the head of the Convening Authority at the Pentagon, Austin oversees the Office of the Military Commissions, which was established after 9/11 to prosecute foreign individuals on terrorism charges.

 

The announcement of the plea deal late Wednesday was met with immediate criticism from Republicans, who accused the Biden administration of failing to stand up to terrorists. Speaker Mike Johnson and Senate Minority Leader Mitch McConnell both released statements condemning the deal, claiming it would embolden terrorists. Representative Mike Rogers, chairman of the House Armed Services Committee, sent a letter to Austin demanding answers about how the plea deal was reached. Representative James Comer, chair of the House Oversight Committee, opened a formal investigation into the plea deal and sent a letter to President Biden requesting relevant records, communications, and information.

 

Following Austin’s decision to revoke the plea deal, Senators Tom Cotton and Mitch McConnell issued a joint statement expressing their relief that the defense secretary had “come to his senses.” They also threatened to pursue legislation if another deal is made, stating, “The President must know that we continue to watch this situation closely. The Justice for 9/11 Act is introduced, and if the Administration ever changes course, we stand ready to overturn any future cowardly plea deals with the murderous mastermind of that tragic day.” Some Democrats, however, expressed disappointment over Austin’s reversal. Senator Dick Durbin urged Secretary Austin to reconsider his decision, highlighting the impact on 9/11 families and the perceived lack of independence that has plagued the military commissions from the start.

 

Pentagon deputy press secretary Sabrina Singh revealed that Austin was “surprised” by the U.S. military commission’s decision. Singh told reporters that the Pentagon chief “was certainly surprised as we all were.” She added, “This is a case of such significance that the secretary felt it was appropriate for the authority to rest with him.” Austin’s timing, coming after criticism from Republicans and victims’ families and ahead of a contentious presidential election, has raised questions about whether the move was politically motivated. The White House has avoided direct questions about its role in Austin’s decision, with national security spokesperson John Kirby stating that the decision was within Austin’s authority as the head of the Defense Department. Singh also emphasized that Austin reached the decision independently and that there had been no consultation with President Biden.

 

The reversal of the plea deal has left some family members of the 9/11 victims stunned. The group September 11th Families for Peaceful Tomorrows, which supported the plea deal, described the situation as “emotional whiplash.” They acknowledged that while the plea deal was not the outcome originally hoped for, it offered a path to finality. The group criticized the reversal, stating that it “betrays 9/11 family members” and “undermines the very government attorneys charged with prosecuting this case.” They expressed broader concerns for the country and the future, highlighting the compromise of legal principles.

 

Other families had previously expressed anger with the plea deal, arguing that it circumvented their desire for a trial that would fully reveal the details of the 9/11 attacks. One group, 9/11 Justice, was concerned about not being able to obtain information from KSM and the other defendants to support their ongoing civil case linking Saudi Arabia to the attacks. Terry Strada, national chair of 9/11 Families United, expressed relief at Austin’s revocation of the plea deal, stating, “Khalid Sheikh Mohammed and his associates should be shown the same mercy they showed my husband and the thousands of others they brutally murdered on 9/11—none.” She praised Secretary Austin for “doing the right thing and listening to the voices of the 9/11 community.” Strada’s organization also seeks justice against Saudi Arabia and supports legislation that would allow plaintiffs to more easily sue individuals or entities, including countries, for aiding and abetting terrorism.

 

The American Civil Liberties Union (ACLU) also opposed Austin’s decision to revoke the plea deal, arguing that he had “prevented a guilty verdict.” The ACLU stated that this act violated the law and vowed to challenge it in court. They accused politics of dishonoring an agreement reached after years of hard work and consultation by all parties involved.

 

The future of the case remains uncertain. The military commission has struggled for years to bring the defendants to trial, and the case may once again be mired in lengthy legal proceedings. The commission has generally struggled to secure convictions, with only eight people convicted of terrorism-related cases post-9/11, four of which have been overturned. Zacarias Moussaoui, known as the 20th hijacker, remains the only person convicted related to the 9/11 cases. He was detained in August 2001 before the attacks. In KSM’s case, the U.S. has faced accusations of torture at Guantanamo Bay, including waterboarding, which may render interrogation evidence inadmissible in court.

 

Despite the years of delays, Austin believes a trial is necessary. Singh stated, “He believes that the families and the American public deserve the opportunity to see military commission trials carried out in this case. If we can move to the trials – and that has been ongoing and has been many, many years – but that is what he believes is the best course of action.” The path forward remains complex and fraught with legal and political challenges, as the quest for justice for the 9/11 victims continues.

 

Credit: Hill 2024-08-07

 

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I can not understand why these mass murderers are not in a black ops site somewhere where they will never see the light of day!

 

If theres anybody deserving of daily torture for the rest of their lives, these guys fit the bill perfectly!

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1 hour ago, CanadaSam said:

If theres anybody deserving of daily torture for the rest of their lives, these guys fit the bill perfectly!

 

that should show everyone how civilized america is. 

 

 

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If there was ever a good application for the death penalty, it is here and now, with this mass murderer. However, it should have been carried out long ago. 

 

The problem with the US and the death penalty is the appeals process. It takes decades. Just kill the creep. 

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6 hours ago, Social Media said:

The plea agreement was reached between the Office of Military Commissions and Khalid Shaikh Mohammed, along with two of his accomplices. The deal involved life sentences, allowing the defendants to avoid the death penalty.

Looks like these three do not want to go to paradise just yet..., they definitely prefer for anyone else but them to be a martyr.

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7 hours ago, john donson said:

after 9/11 flights were halted, except for some Saudi plane that could still fly back home and 'escape', friends of BUSH family

 

nobody found it strange that the most powerful military army in the world, could not shoot down a few planes ?

 

forever wars and attacking countries that had nothing to do with 9/11 sure made a few billionaires and politicians

 

It was an unprecedented situation and they thought they were dealing with simple hijackings to begin with. I think the USAF response time nowadays would be a damn sight faster.

 

Otherwise you're right. The US lost all the moral high ground it ever had after 9/11. It will never recover which is a huge part of the problem now. Quite apart from the 'maga' mentality.

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Really hard to get my head around the concept that they have been held without trial for over 20 years. Everyone baying for blood here. Yet 730 men have been released without charge from Guantanamo, often after having endured years of suffering and abuse. Doesn't that mean they were innocent all along?

 

 

https://5pillarsuk.com/2021/10/27/innocent-karachi-taxi-driver-released-from-gitmo-after-17-years/

https://reprieve.org/uk/campaign/guantanamo/faq/#:~:text=730 men have been released,years of suffering and abuse.

 

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Yes, the politicians want to make sure they get their two cents in saying the US should be tough on terrorists so they have a sound byte for their campaigns. Why haven't any of the people suspected of terrorism been tried in a court of law? Why should the secretary of defense have any power in this situation?

Is the American government  not confident  that a judge and jury could make a good decision? My fear is that once we allow anyone to be convicted outside of the judicial system, we are eroding the democratic process. If terrorists can be held in detention for many years, then who's next? 

 

No matter how heinous a crime a person has committed, once you deny anyone due process, we are in trouble. We go against the principles of democracy. 

 

 

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Everything that administration does creates  a Crisis , its a good thing they have leftest corporate elites running cover for them in the MSM!

imop

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11 hours ago, spidermike007 said:

If there was ever a good application for the death penalty, it is here and now, with this mass murderer. However, it should have been carried out long ago. 

 

The problem with the US and the death penalty is the appeals process. It takes decades. Just kill the creep. 

Except he hasn't been found guilty of any murder, he hasn't even been brought to trial in over 23 years.

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