Lloyd Austin’s Decision
Defense Secretary Lloyd Austin addressed his decision on Tuesday to cancel a plea deal for the men accused of orchestrating the 2001 al-Qaida attacks. Austin emphasized that the magnitude of American losses on 9/11 warranted a full military commission trial.
“This wasn’t a decision that I took lightly,” Austin stated at an event with Australian officials in Annapolis, Maryland. “But I have long believed that the families of the victims, our service members, and the American public deserve the opportunity to see military commissions, commission trials carried out” in the 9/11 case.
Impact on Guantanamo Bay Proceedings
At the U.S. military commission in Guantanamo Bay, Cuba, legal teams and the judge in the case of accused 9/11 mastermind Khalid Sheikh Mohammed and two other defendants were grappling with Austin’s unexpected order. The decision disrupted efforts to resolve the over 20-year-old case.
Mohammed, along with four other defendants, is charged with involvement in the September 11, 2001, attacks that killed nearly 3,000 people. One defendant did not agree to the plea deal, and another was deemed mentally unfit to stand trial.
Legal Complications and Plea Deal Rejection
Legal challenges, including the impact of the defendants’ torture while in CIA custody, have prolonged proceedings. The case remains in pre-trial hearings after more than a decade.
After nearly two years of plea negotiations, a Pentagon-appointed retired general overseeing the military commission approved a plea bargain that would have spared Mohammed and two others from the death penalty in exchange for guilty pleas.
Victims’ families had mixed reactions, with some supporting the resolution and others demanding capital trials. Senior Republicans criticized the Biden administration for the plea bargain.
Austin’s order, made public late Friday, revoked the plea deal, asserting his decision-making authority in the case. “There’s not a day that goes by when I don’t think of 9/11 and the Americans that were murdered that day. Also those who died trying to save lives, and the troops and their families who gave so much for this country,” said Austin, who commanded troops in Afghanistan and was awarded a Silver Star for his service during the 2003 Iraq invasion.