9/11 Plea Deal Saga Continues: Federal Appeals Court Halts Guilty Pleas for Khalid Sheikh Mohammed and Accomplices

In a significant and anticipated turn in the protracted September 11th terrorism case, a federal appeals court has temporarily halted plea deals for accused 9/11 plotters, including alleged mastermind Khalid Sheikh Mohammed. This decision, issued on a Thursday evening, came just hours before Mohammed was scheduled to enter a guilty plea at the U.S. military court in Guantánamo Bay, Cuba.

The ruling further delays a case that has spanned more than two decades without trial, despite the Biden administration’s push to reduce Guantánamo’s prison population. Mohammed, along with alleged accomplices Walid bin Attash and Mustafa al-Hawsawi, were set to forgo trial and the risk of the death penalty in exchange for life sentences.

Defense Secretary Lloyd Austin has consistently opposed these deals, advocating for the case to proceed to trial. The Pentagon, through the Justice Department, successfully petitioned the U.S. Court of Appeals for the D.C. Circuit to pause the plea hearings. The three-judge panel emphasized that their order is a temporary delay, not a ruling on the merits, allowing expedited arguments to be filed by January 22.

This latest development follows a tumultuous period that began in summer 2024, when the military court announced breakthrough plea deals, only for Austin to reverse them 48 hours later. Despite military courts subsequently overruling Austin, the Pentagon sought federal intervention. Legal experts, including Georgetown University law professor Stephen Vladeck, describe the prosecution’s move as highly unusual, suggesting the case is likely headed for the U.S. Supreme Court, which could prolong the proceedings for years.

The ongoing legal complexities, including issues with conducting proceedings on a Caribbean island, disputes over military court rules, and challenges with classified material and evidence tainted by torture, continue to frustrate 9/11 victims’ families. Many seek resolution, whether through trial, plea deals, or simply an end to the emotional roller coaster of the decades-long saga.

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