Defense Secretary Lloyd Austin has made a significant decision by revoking the plea deal previously negotiated with the alleged 9/11 mastermind Khalid Sheikh Mohammed and two other accused plotters. This reversal puts the death penalty back on the table for these individuals, a move that marks a stark departure from the earlier agreement that would have seen them serve life sentences instead. As you might imagine, when word of the plea deal with KSM was released to the public, many people were upset to hear that the death penalty was no longer an option.

The plea deal, which had been under negotiation for two years, aimed to avoid the complexities and delays of a death penalty trial. It faced significant opposition, including from within the administration. President Joe Biden had earlier rejected the proposed conditions of the plea deal last year, following Austin’s recommendation. These conditions included avoiding solitary confinement and ensuring medical treatment for injuries alleged to have been sustained during CIA interrogations.

authority withdrawn Austin
Defense Secretary Austin withdraws the plea deal.

The decision to revoke the plea deal underscores the ongoing legal and ethical challenges surrounding the prosecution of 9/11 suspects. The case has been mired in legal limbo since the suspects’ initial arraignment in 2008, primarily due to controversies over the use of torture and the validity of the military’s case against them. With Austin’s decision, the pursuit of the death penalty reintroduces a complex legal battle that could extend the timeline of the case significantly.

Convening authorities over military cases are most often military officers, but certain high-ranking civilians may intervene in the decisions of the convening authority if they see fit.

The decision to drop the plea deal came after Representative Mike Rogers, a Republican from Alabama, wrote the following directed specifically to the Defense Secretary.

“It is unconscionable that the Biden-Harris administration would allow such a military plea. You, Mr. Secretary, are the Cabinet Member with the ultimate oversight of the Office Of Military Commissions. You department allowed a plea deal with Khalid Shaikh Mohammed and his band of killers.” 

A spokesperson for the White House said that the Biden administration has no part in establishing the plea deal.