Military appeals court lets 9/11 plea deals proceed after defense secretary moves to rescind them

Key Points

  • U.S. military court upheld a ruling that Defense Secretary Lloyd Austin improperly invalidated plea agreements for three men accused of planning the 9/11 attacks.
  • The court concluded Austin did not have the authority to back out of deals implemented by Susan Escallier, the convening authority for military commissions.
  • The ruling affirms that the defendants should be allowed to move forward with their plea deals, preventing them from receiving the death penalty.
  • Austin's intervention in existing pretrial agreements was deemed "without precedent" by Chief Judge Lisa M. Schenck.

Summary

In a significant legal development, a U.S. military court has upheld a ruling that Defense Secretary Lloyd Austin acted improperly when he attempted to invalidate plea agreements for three men accused of orchestrating the 9/11 attacks. The agreements, which would have allowed Khalid Sheikh Mohammed, Walid Muhammad Salih Mubarak Bin ’Attash, and Mustafa Ahmed Adam al Hawsawi to plead guilty to lesser charges and avoid the death penalty, were initially negotiated by Susan Escallier, the convening authority for military commissions. The court found that Austin lacked the authority to retroactively dismantle these deals, a move described as unprecedented by Chief Judge Lisa M. Schenck. This ruling supports the continuation of the plea deals, highlighting a significant limitation on the defense secretary's power to intervene in ongoing legal processes within military justice. The decision underscores the importance of the role of the convening authority in plea negotiations and sets a precedent for future military legal proceedings.

cnbc
December 31, 2024
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