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Appeals Court Voids Plea Deals for 9/11 Defendants

The ruling upholds the defense secretary’s authority to cancel pretrial agreements, sending the case back to the Guantánamo military commissions.

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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

  • In a 2-1 decision, the D.C. Circuit Court of Appeals vacated the plea agreements negotiated over two years for Khalid Sheikh Mohammed and two co-defendants.
  • Judges Patricia Millett and Neomi Rao formed the majority, while Judge Robert Wilkins dissented by arguing that the military judge’s approval should have stood.
  • The deals would have spared the accused Sept. 11 conspirators the death penalty in exchange for guilty pleas and life sentences without parole.
  • Former Defense Secretary Lloyd Austin revoked the pacts days after they were announced, and the court ruled that he had clear legal authority to do so.
  • With no immediate resolution, prosecutors must restart proceedings at the Guantánamo military commissions, extending a prosecution that has spanned more than two decades.