Pentagon rescinds plea deal for accused plotters of 9/11 attacks

(The Hill) — Defense Secretary Lloyd Austin revoked a plea deal Friday that would have taken the death penalty off the table for three prisoners accused of helping to plot the Sept. 11, 2001, terrorist attacks.

Austin said in a news release that he believes that given the significance of the case, responsibility on what happens to the prisoners held at Guantanamo Bay “should rest with me as the superior authority under the Military Commissions Act of 2009.”

Earlier this week, the Pentagon said an agreement had been reached with Khalid Sheikh Mohammed, Walid Muhammad Salih Mubarak bin Attash and Mustafa Ahmed Adam al-Hawsawi. Under the plea deal, the three prisoners would have received life sentences.

Retired Brig. Gen. Susan K. Escallier signed a pretrial agreement Wednesday.

In the Friday memo, the Pentagon secretary wrote “effective immediately, in the exercise of my authority, I hereby withdraw from the three pretrial agreements that you signed on July 31, 2024.” The New York Times first reported the memo.

Escallier’s approval of the plea deal drew blowback from some families of the victims, New York City firefights and high-profile Republicans.

Some critics also said the agreement would prevent the public from ever knowing what really happened nearly 23 years ago. Republicans are directing their criticism at President Biden and Vice President Harris, even though the White House said it did not play a role in the negotiations.

On Friday, Rep. Mike Rogers (R-Ala.), chair of the House Armed Services Committee, sent a letter to Austin demanding answers about the plea deal. He said he was “deeply shocked” by the agreement and said it was a “gut punch” to the families of victims.