US appeals court revokes 9/11 mastermind’s plea deal, sparking legal drama

A Reversal in the 9/11 Legal Drama

The United States Supreme Court, on Friday, overturned the appellate court’s decision that had halted the withdrawal of plea agreements involving the 9/11 mastermind Khalid Sheikh Mohammed and two alleged accomplices, Walid bin Attash and Mustafa al-Hawsawi. The move restores the binding nature of the agreements, allowing the military commissions to proceed under their original terms.

Background of the Agreements

• In late July 2023, the Department of Defense announced plea deals that would have eliminated the death penalty from the table and expedited the resolution of long‑stalled cases.
• Defense Secretary Lloyd Austin, citing the families of the victims and the American public, withdrew the deals two days later, questioning the precedent set by the agreements.
• In November 2024, a military judge ruled the agreements valid, a ruling that the government appealed.

Ruling by the Appeals Court

The appeals court vacated the military judge’s order dated November 6, 2024, which had prevented the secretary of defense’s withdrawal. The court also barred the judge from holding hearings that would have allowed respondents to enter guilty pleas or take actions under the withdrawn agreements.

Implications for the 9/11 Defendants

• The reversal allows the military commissions to conduct trials that could have avoided the complications arising from alleged torture inflicted by the CIA during the defendants’ detention.
• Khalid Sheikh Mohammed, once a trusted lieutenant of Osama bin Laden, was captured in March 2003, spent three years in CIA prisons, and was transferred to Guantanamo Bay in 2006.
• Guantanamo Bay, the isolated naval base, has historically held roughly 800 prisoners at its peak, but a small fraction remain after transfers to other countries.

Context of the 9/11 Trials

Guantanamo has functioned as a holding facility for militants captured during the “War on Terror” following September 11, preventing the defendants from claiming rights under U.S. law. The legal jousting has focused on whether fair trials are possible after alleged CIA torture.

Concluding Remarks

The Supreme Court’s decision preserves the original plea agreements, enabling the U.S. military to proceed with trials that address the complex legacy of the 9/11 attacks.