The US secretary of defense, Lloyd Austin, has revoked a plea deal for the alleged mastermind of the 9/11 attacks and two other defendants, reinstating them as death-penalty cases, according to a memo sent to Susan Escallier, who is overseeing the war court proceedings.
The short-lived deal came 16 years after prosecution of the three men began.
On Wednesday, Escallier announced that she signed a deal with Khalid Sheikh Mohammed and two of his accomplices, Walid Muhammad Salih Mubarak Bin ‘Attash and Mustafa Ahmed Adam al-Hawsawi. Defense lawyers had requested that the men receive life sentences in exchange for the guilty pleas.
In Friday’s memo, Austin argued that due to the “significance of the decision to enter into pre-trial agreements with the accused in the above-referenced case, responsibility for such a decision should rest with me as the superior convening authority”.
For some victims’ families, the deal Escallier entered into destroyed any chance of a full trial that could have ended in death sentences and given people the opportunity to address the men accused of killing their loved ones, according to the Washington Post.
“I would have liked a trial of men who hadn’t been tortured, but we got handed a really poor opportunity for justice, and this is a way to verdicts and finality,” Terry Kay Rockefeller, 74, whose sister Laura was killed on 9/11, told the Post.
News of the original plea deal elicited sharp criticism from Republican lawmakers, including Mitch McConnell and JD Vance, who decried the deal, and the New York congresswoman Elise Stefanik, who accused the Biden-Harris administration of betraying the American people.
J Wells Dixon, a staff attorney at the Center for Constitutional Rights who has represented defendants at Guantánamo Bay as well as other detainees there who have been cleared of any wrongdoing, had welcomed the plea bargains as the only feasible way to resolve the long-stalled and legally fraught 9/11 cases.
Dixon accused Austin on Friday of “bowing to political pressure and pushing some victim family members over an emotional cliff” by rescinding the plea deals.
Lawyers for the two sides have been exploring a negotiated resolution to the case for over a year. President Joe Biden blocked a proposed plea bargain in the case last year, when he refused to offer requested presidential guarantees that the men would be spared solitary confinement and provided trauma care for the torture they underwent while in CIA custody.
A senior Pentagon official told the New York Times that the president and vice-president had no involvement in Austin’s decision to rescind the controversial deal.
Mohammed and the other defendants had been expected to formally enter their pleas under the deal as soon as next week.
Mohammed is accused of masterminding the plot to fly hijacked commercial passenger aircraft into the World Trade Center in New York and into the Pentagon. The 9/11 attacks killed nearly 3,000 people and plunged the United States into what would become a two-decade-long war in Afghanistan.
The US military commission overseeing the cases of five defendants in the 9/11 attacks have been stuck in pre-trial hearings and other preliminary court action since 2008. The torture that the defendants underwent while in CIA custody has slowed the cases and left the prospect of full trials and verdicts still uncertain, in part because of the inadmissibility of evidence linked to the torture.
Associated Press contributed to this report