US Defense Secretary Lloyd Austin has made headlines by revoking a pre-trial agreement previously established for individuals accused of orchestrating the September 11 terrorist attacks.
In a memo issued on Friday, Austin announced not only the withdrawal of the agreement but also the termination of the overseeing officer’s authority who had signed the deal earlier in the week. This agreement was criticized by families of 9/11 victims for potentially shielding the alleged attackers from the death penalty.
The memo identified five defendants, including the suspected mastermind Khalid Sheikh Mohammed, currently held at Guantánamo Bay. The original agreement specifically included three men. Austin stated, “I have determined that, in light of the significance of entering into pre-trial agreements… responsibility for such a decision should rest with me as the superior authority.” He emphasized that the authority was immediately revoked alongside all three pre-trial agreements.
It was clarified by White House representatives that they played no role in the plea deal discussions.
The five individuals highlighted in the memo are Khalid Sheikh Mohammed, Walid Muhammad Salih Mubarak bin Attash, Mustafa Ahmed Adam al-Hawsawi, along with Ramzi bin al-Shibh and Ali Abdul Aziz Ali. These men have been detained without trial for years, with allegations of torture accompanying their imprisonment. Notably, Mohammed reportedly faced simulated drowning—known as “waterboarding”—183 times prior to its prohibition by the U.S. government.
Despite extensive pre-trial hearings spanning over a decade, legal complexities continue to plague the case, primarily due to the torture claims. Relatives of 9/11 victims have expressed their dissatisfaction with the previous plea deal, citing that it was far too lenient.
Brett Eagleson, representing families affected by the attacks, conveyed that they were “deeply troubled by these plea deals.” Terry Strada, who lost her husband, described the news of the plea deal as a “gut-punch,” indicating that it catered to the detainees’ interests.
Legal counsel for Mohammed expressed disappointment over the unexpected reversal, suggesting that the government has not learned from past mistakes regarding due process and fairness. The detainees face numerous serious charges, including terrorism and murder.
Recently, the Biden administration reportedly dismissed terms of a plea deal sought by the five men in custody, who were asking for conditions that included assurance against solitary confinement.
Khalid Sheikh Mohammed is widely known for proposing the concept of hijacking planes to target buildings to Osama bin Laden. Captured in 2003 in Pakistan, he was alongside al-Hawsawi, who is alleged to have financially supported the operation. The other defendants have varying links to the September 11 attacks and other terrorist incidents.
The decision to revoke the plea deal received praise from several Republican lawmakers. South Carolina Senator Lindsey Graham characterized Austin’s action as a demonstration of sound judgment, while Mike Rogers, Chairman of the House Armed Services Committee, called for answers regarding the original agreement, emphasizing that it conveyed a troubling willingness to negotiate with terrorists.
The September 11 attacks marked a pivotal moment in U.S. history, igniting the “War on Terror” and leading to military actions in Afghanistan and Iraq, with the attacks resulting in nearly 3,000 lives lost—the deadliest on American soil since the Pearl Harbor attack in 1941.
