Court tosses plea deal for alleged 9/11 mastermind Khalid Sheikh Mohammed


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Summary

Canceled plea deal

A federal appeals court canceled a plea deal that would have spared Khalid Sheikh Mohammed, an alleged 9/11 mastermind, from the death penalty.

Defense Secretary's authority

The Biden administration’s Defense Secretary Lloyd Austin argued he alone had the authority to reject the deal.

Legal battle continues

The ruling renews legal battles as some evidence is contested and families of victims remain divided on the best path to justice.


Full story

On Friday, July 11, a federal appeals court in Washington, D.C. tossed out a plea deal that would have spared the lives of the alleged masterminds behind al-Qaida’s Sept. 11, 2001, terror attacks on the United States. Under the plea deal, Khalid Sheikh Mohammed and two co-defendants would have received life sentences without the possibility of parole rather than the death penalty in an agreement between the prosecution and defense that was worked out over two years.

The U.S. military has been trying to prosecute Mohammed and the other defendants for more than 20 years. However, the legal process has been slowed by various legal challenges.

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Under the Biden administration, Defense Secretary Lloyd Austin rejected the proposed plea deal, arguing only the defense secretary should have the authority to decide whether the death penalty should be considered in a case as serious as the Sept. 11 attacks.

Court rulings on authority to cancel plea deal

In December, a military appeals court ruled against Austin’s attempt to cancel the plea deal. On Friday, a three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit sided with Austin in a 2-1 decision, ruling that he did have the authority to cancel the agreement.

Mohammed’s defense lawyers argued that some of the evidence was obtained through torture, and questioned if that evidence is legal or ethical to use in court.

The 9/11 attacks and victims’ families’ reactions

Mohammed is accused of being the person who planned and oversaw the 9/11 terror attacks, when hijackers crashed planes into the World Trade Center in New York City and the Pentagon in Washington, D.C. Another hijacked plane, which was also part of the plot, crashed into a field in Pennsylvania after passengers tried to retake control from the hijackers.

Family members of 9/11 victims had different opinions about the proposed plea deal, the Associated Press reported.

Some opposed it, believing that a full trial would be the best way to achieve justice and learn more about what happened. Others supported the deal, thinking it might be the fastest and most realistic way to end the long process and possibly get answers.

Cole Lauterbach (Managing Editor), Cassandra Buchman (Weekend Digital Producer), and Zachary Hill (Video Editor) contributed to this report.
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Why this story matters

A federal appeals court's decision to allow the Defense Secretary to cancel a plea deal for alleged 9/11 plotters affects the direction of high-profile terrorism prosecutions, victims' families' pursuit of justice and discussions over the use of evidence obtained under controversial circumstances.

Legal authority

The ruling clarifies the extent of the Defense Secretary's authority in overturning plea deals in major terrorism cases.

Justice and victims’ families

The reactions of 9/11 victims' families highlight ongoing debates over how best to achieve justice and bring closure, through either trial or negotiated agreements.

Evidence from torture

Concerns raised by defense lawyers over the admissibility and ethics of evidence obtained through torture underscore broader legal and moral questions in terrorism prosecutions.

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Context corner

The proceedings are taking place within the military commission system at Guantanamo Bay, established to try accused terrorists held after September 11. The protracted legal battles reflect deep complications—such as evidence obtained through torture and jurisdictional authority debates—stemming from early post-9/11 counterterrorism strategies and the use of Guantanamo as a detention center for foreign suspects.

History lesson

Attempts to resolve the 9/11 cases through negotiated plea deals have a history fraught with setbacks. Previous efforts to bring these cases to trial have been postponed for years, often due to disputed admissibility of evidence gained via torture and challenges within the military commission system. Past initiatives illustrate persistent difficulties in achieving a timely resolution.

Policy impact

The court’s decision to allow the Secretary of Defense to withdraw from the plea deal impacts the authority of military commissions and the future of high-profile terrorism cases. It reaffirms executive oversight while highlighting the tension between expedient justice and the pursuit of maximum penalties, which could influence future military and civilian terrorism prosecutions.

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Unbiased. Straight Facts.

Don’t just take our word for it.


Certified balanced reporting

According to media bias experts at AllSides

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Bias comparison

  • Media outlets on the left emphasize the legal authority of Defense Secretary Lloyd Austin and frames the court ruling within procedural and human rights contexts, often using softer terms like "accused" and highlighting the protracted judicial struggle with phrases such as "long struggle" to convey systemic difficulty.
  • Media outlets in the center offer a sober, detailed legal narrative focusing on the split court and procedural history, it de-emphasizes emotive framing.
  • Media outlets on the right adopt a more confrontational tone, portraying the plea deal as a "disgrace," labeling defendants explicitly as "terrorists" or "masterminds," and celebrating the court’s ruling as a vindication of justice and national security with phrases like "clears path for death penalty.

Media landscape

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219 total sources

Key points from the Left

  • A federal appeals court has annulled a plea deal for Khalid Sheikh Mohammed, the alleged mastermind of the September 11 attacks, which aimed to avoid the death penalty for him and two co-defendants.
  • The court's decision comes after over two decades of military prosecution filled with legal difficulties and was made by a 2-1 vote.
  • The plea agreement included life sentences without parole for Mohammed and was rejected by then-Defense Secretary Lloyd Austin, who asserted that the decision on the death penalty should be made by the Defense Secretary in such serious cases.
  • The court supported Austin's rejection of the plea deal, which was intended to conclude over two decades of legal challenges related to Mohammed's prosecution.

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Key points from the Center

  • On Friday, a divided federal appellate panel dismissed a plea agreement involving Khalid Sheikh Mohammed, the alleged planner of the 2001 al-Qaida attacks on the World Trade Center and Pentagon.
  • The court ruling came after an appeal initially launched during the Biden administration and carried on into the Trump administration, stemming from Defense Secretary Lloyd Austin’s revocation of the agreement based on his view that decisions regarding the death penalty should rest with his office.
  • The two-year-negotiated agreement, approved a year ago by military prosecutors and Pentagon officials, would have allowed Mohammed and two co-defendants to plead guilty in exchange for life sentences without parole.
  • The court panel voted 2-1 that Austin acted within his legal authority and faulted the military judge's earlier ruling, while dissenting Judge Robert Wilkins said the government failed to prove the military judge erred.
  • The ruling indicates that the lengthy and difficult military prosecution to hold Khalid Sheikh Mohammed accountable for orchestrating one of the deadliest attacks on the U.S. Is far from reaching a swift conclusion.

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Key points from the Right

  • A U.S. Appeals court rejected Khalid Sheikh Mohammed's plea deal, which would have removed the death penalty option for him and his co-defendants.
  • Defense Secretary Lloyd Austin argued that the families of 9/11 victims deserved trials for the defendants instead of plea agreements.
  • The court ruled Austin acted within his authority, emphasizing the significance of the 9/11 case.
  • Mohammed, accused of orchestrating the 9/11 attacks, faces renewed legal challenges as the case progresses after the cancellation of the plea deal.

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Timeline

  • Military judge upholds plea deals for 9/11 mastermind Khalid Sheikh Mohammed, co-defendants, sparing them from death penalty.
    Reuters
    Military
    Nov 7, 2024

    US military judge upholds plea agreements for 9/11 masterminds

    A military judge ruled Wednesday, Nov. 6, that plea agreements struck by alleged Sept. 11 mastermind Khalid Sheikh Mohammed and two co-defendants are valid. This voids an order by Defense Secretary Lloyd Austin to throw out the deals. The ruling by Air Force Col. Matthew McCall means the three defendants could soon enter guilty pleas,…

  • The military hearings at Guantanamo Bay for Khalid Sheikh Mohammed, the alleged mastermind of the September 11 attacks, and two co-defendants are in turmoil. This upheaval stems from Defense Secretary Lloyd Austin's sudden decision to cancel a plea agreement that had been in place.
    Getty Images
    U.S.
    Aug 8, 2024

    Guantanamo Bay 9/11 hearings in disarray after plea deal revoked

    The military hearings at Guantanamo Bay for Khalid Sheikh Mohammed, the alleged mastermind of the Sept. 11, 2001, attacks, and two co-defendants are in disarray. The upheaval stems from Defense Secretary Lloyd Austin’s sudden decision to cancel a plea agreement that had been in place. The revocation of the plea deal, which would have allowed…

Timeline

  • Military judge upholds plea deals for 9/11 mastermind Khalid Sheikh Mohammed, co-defendants, sparing them from death penalty.
    Reuters
    Military
    Nov 7, 2024

    US military judge upholds plea agreements for 9/11 masterminds

    A military judge ruled Wednesday, Nov. 6, that plea agreements struck by alleged Sept. 11 mastermind Khalid Sheikh Mohammed and two co-defendants are valid. This voids an order by Defense Secretary Lloyd Austin to throw out the deals. The ruling by Air Force Col. Matthew McCall means the three defendants could soon enter guilty pleas,…

  • The military hearings at Guantanamo Bay for Khalid Sheikh Mohammed, the alleged mastermind of the September 11 attacks, and two co-defendants are in turmoil. This upheaval stems from Defense Secretary Lloyd Austin's sudden decision to cancel a plea agreement that had been in place.
    Getty Images
    U.S.
    Aug 8, 2024

    Guantanamo Bay 9/11 hearings in disarray after plea deal revoked

    The military hearings at Guantanamo Bay for Khalid Sheikh Mohammed, the alleged mastermind of the Sept. 11, 2001, attacks, and two co-defendants are in disarray. The upheaval stems from Defense Secretary Lloyd Austin’s sudden decision to cancel a plea agreement that had been in place. The revocation of the plea deal, which would have allowed…

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