FORT MEADE, Md. – During a recent hearing, a lawyer representing various news organizations urged the U.S. military commission at Guantanamo Bay to unseal the plea deal involving Khalid Sheikh Mohammed and two co-defendants, emphasizing the public’s constitutional right to access information about one of the most contentious prosecutions in U.S. history.
The plea agreement, which was reached in August, aimed to spare the accused from the death penalty by securing their guilty pleas related to the September 11 attacks. However, it was swiftly revoked by Defense Secretary Lloyd Austin following public backlash, reigniting debates over the prosecution of the events that resulted in nearly 3,000 fatalities and significant military actions abroad.
In response to the revelation of the plea deal, numerous Republican lawmakers criticized it while some families of victims expressed mixed reactions of shock and approval. The plea was intended to conclude years of complicated pre-trial hearings surrounding the high-profile case.
Austin indicated that he would personally assume responsibility for such significant decisions, leading to legal challenges from the defendants who argue that the secretary’s actions amounted to unlawful external interference in their case.
Seven news organizations called for transparency regarding the plea agreement, which has been sealed amidst ongoing legal proceedings. The hearing underscored the unique challenges of the military commission system established to address accused terrorists following the 2001 attacks, illustrating the tension between civilian and military legal standards.
Despite the push for public disclosure, attorneys for both the defense and prosecution argued against unsealing the plea deal, suggesting that the timing of releasing such information could be deferred until after potential rulings on challenges related to the plea’s revocation.
Concerns were also voiced regarding the potential influence media coverage could have on future proceedings, with prosecutors cautioning against an “oversaturation of information.” Conversely, Defense lawyer Walter Ruiz criticized media outlets for their interest, suggesting that their demand was fueled by profit motives rather than public service.
Lawyer David Schulz, representing the media consortium, countered these objections by stating that the military commission had not provided adequate justification for limiting public access to the hearings. He emphasized the importance of transparency, especially given the gravity of the crimes involved.
As the hearing concluded, Judge Air Force Col. Matthew McCall indicated that a decision on the motion to unseal the plea agreement may be expected as soon as November.
