A military appeals court has ruled against US Defense Secretary Lloyd Austin’s attempt to nullify plea agreements for Khalid Sheikh Mohammed, the alleged mastermind of the 9/11 attacks, and two other defendants, a US official confirmed to The Associated Press on Tuesday.
The ruling reinstates plea deals that would have the three men admit guilt for their roles in the September 11, 2001, attacks, which claimed nearly 3,000 lives, in exchange for avoiding the death penalty.
The appeals court issued its decision late Monday, according to the official who spoke anonymously.
The plea agreements, negotiated over two years with government approval, were finalized last summer between military prosecutors and defense attorneys for Mohammed, Walid bin Attash, and Mustafa al-Hawsawi. Supporters of the agreements argue they provide a resolution to a case that has faced significant legal hurdles at the US military commission in Guantanamo Bay, Cuba.
In a controversial move, Austin nullified the agreements shortly after they were announced, citing the gravity of the 9/11 attacks and asserting his authority as defense secretary to oversee any plea deals that would remove the possibility of execution.
Defense attorneys countered that Austin’s intervention was unlawful, claiming he lacked the legal authority to overturn decisions approved by the Guantanamo court’s top authority. They argued his action amounted to improper interference in the judicial process.
Air Force Col. Matthew McCall, the military judge presiding over the case, agreed with defense attorneys, ruling that Austin did not have standing to nullify the plea agreements. This prompted the Defense Department to appeal the decision to the military appeals court.
The latest ruling leaves Austin with the option to take the matter to the US Court of Appeals for the District of Columbia Circuit. The Pentagon has not issued an immediate response to the decision.