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.