Defense Secretary Lloyd Austin has rescinded plea agreements involving Khalid Sheikh Mohammed, the man alleged to have masterminded the September 11, 2001, terrorist attacks, along with two of his co-defendants. This decision comes just two days after the announcement of an agreement that would reportedly have removed the death penalty from negotiations. The agreements, which involve Mohammed, a close associate of al-Qaeda leader Osama bin Laden, were officially revoked on Friday afternoon. The decision has faced opposition from relatives of the victims of the attacks. In this context, Austin has also delegated his authority to Susan Escallier, who oversees the Pentagon’s military commissions at Guantanamo Bay, to take responsibility for future pre-trial agreements.
In a memorandum addressed to Escallier, Austin stated, “I have determined that the responsibility for such decisions should rest with me.” He confirmed that he is rescinding the three pre-trial agreements signed on July 31, 2024. The news coverage of these agreements was presented by the Pentagon on Wednesday, albeit without further details. According to The New York Times, Mohammed and his two accomplices, Walid Muhammad Salih Mubarak bin Attash and Mustafa Ahmed Adam al-Hawsawi, had reached an agreement to plead guilty to conspiracy in exchange for a life sentence, which would have avoided a trial that could lead to their execution.
Khalid Sheikh Mohammed is the most notorious detainee at Guantanamo Bay, which was established in 2002 by then-President George W. Bush in the aftermath of the attacks. He is accused of planning the attack during which hijacked planes were flown into the World Trade Center in New York City and the Pentagon. The attacks resulted in nearly 3,000 deaths and initiated a two-decade-long war in Afghanistan.
The trials against the defendants have been stalled for years due to protracted pre-trial legal battles, while the accused remain detained at Guantanamo. Much of the legal contention has centered around whether they could receive a fair trial after allegedly being subjected to systematic torture by the CIA in the years following 9/11. J. Wells Dixon, an attorney with the Center for Constitutional Rights, which has represented defense lawyers at Guantanamo, previously supported the plea agreements as the only realistic way to resolve the lengthy and legally complex 9/11 cases. Following Austin’s decision, Dixon criticized him for “bowing to political pressure and pushing some victims’ families over an emotional cliff.”