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Appeals Court Tosses 9/11 Plea Deal, Restores Death Penalty Option

Upholding Austin’s withdrawal authority sends the 9/11 suspects back to Guantánamo military commissions with capital trials possible.

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This courtroom sketch shows alleged 9/11 mastermind Khalid Sheikh Mohammed at his Military Commissions hearing on October 15, 2012 at the US Navy base Guantanamo Bay, Cuba
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Overview

  • A D.C. Circuit panel vacated the 2024 agreement that would have spared Khalid Sheikh Mohammed and two co-defendants from execution in exchange for guilty pleas.
  • Judges Patricia Millett and Neomi Rao held that Defense Secretary Lloyd Austin “indisputably” had the power to revoke the life-sentence deals before any promises were performed.
  • The majority opinion stressed victims’ families and the public deserve full military trials rather than pretrial bargains.
  • In dissent, Judge Robert Wilkins argued the government did not clearly prove the military judge erred in approving the plea agreements.
  • With no immediate resolution in sight, the case returns to Guantánamo commissions, extending a two-decade legal saga and reinstating capital punishment as an option.