Defense Secretary Lloyd Austin withdraws plea deal for accused 9/11 terrorists
NBCAug 17
Pentagon Chief Revokes Plea Deals with Alleged 9/11 Terrorists
Above: US Secretary of Defense Lloyd Austin participates in a news briefing at the Pentagon on July 25, 2024 in Arlington, Virginia. Image copyright: Alex Wong/Staff/Getty Images News via Getty Images
The Facts
US Defence Secretary Lloyd Austin has revoked a pre-trial deal reached with Khalid Sheikh Mohammed — the alleged mastermind of the Sept. 11, 2001, attacks — and two of his accomplices — Walid Muhammad Salih Mubarak Bin Attash and Mustafa Ahmed Adam al Hawsawi.
In a memo on Friday, Austin also relieved retired Brigadier General Susan Escallier, the head of the US military commissions, of her authority to enter into the agreements in the case, stating "responsibility for such a decision should rest with me as the superior authority."
The Spin
Narrative A
This plea deal was disappointing, heartbreaking, and a mockery of justice. By excusing the architects of the 9/11 attacks, the court had betrayed, disrespected, and victimized the families of victims all over again. The White House had played no role in the plea deal, which allowed the terrorists to avoid a death penalty trial. Austin's decision could result in significant new revelations about the planning of the attacks and force the defendants to face the prospect of being put to death again.
Narrative B
This is shocking news. The US government never bothered to intervene in the 13-year-long pre-trial hearings, and now, after the settlement has been reached, it wants to continue the cruel, endless saga. Moreover, the head of military commissions — a statutorily independent convening authority — doesn't require approval from the top. The decision to remove Escallier breaches her jurisdiction and is a clear case of political influence and meddling.
Narrative C
Although the accused would have been spared the death penalty, this plea deal was a critical step toward judicial finality and justice after two decades of legal gridlock. This resolution avoided what could have been an endless trial against the terrorists and ensured the perpetrators of the heinous attacks admit to their conduct and are punished for killing thousands of Americans and scarring the nation forever.
Narrative D
The death penalty inherently violates the constitutional ban against cruel and unusual punishment. It's inhumane, inequitable, and unjust, especially for the defendants who have been held at the US Navy base at Guantánamo Bay without trial for years. This plea deal was the right call because it would have ended nearly two decades of litigation as well as opened a path to close the Guantánamo Bay detention center and end the CIA's unethical use of "enhanced" interrogation techniques.