A military judge reinstated the Defense Department’s plea deal with the accused masterminds of the 9/11 terrorist attacks, saying it is "valid," "enforceable," and must remain in effect.
In July, the Department of Defense agreed to a plea deal with Khalid Sheikh-Mohammed, Walid Muhammad Salih Mubarak Bin 'Attash, and Mustafa Ahmed Adam al Hawsawi that would leave the death penalty off the table. After widespread backlash from lawmakers and victims’ families, Defense Secretary Lloyd Austin revoked the deal. On Wednesday, the judge, Air Force Col. Matthew McCall, ruled it was too late to undo the deal since both parties had already agreed to it.
The Wednesday ruling sparked outrage from law enforcement officials and the families of 9/11 victims.
"They committed the highest crime in this country, and they should receive the worst punishment, which in this case is the death penalty," Jimmy Smith, whose wife, Moira, was killed in the terrorist attack, told the New York Post. "Also, I don’t believe in coincidences, they waited to release this decision until after the election. They overturned it before to help the Democrats in the election."
"This is yet another shameful twist in a case that has seen far too many," New York City Police Benevolent Association president Patrick Hendry said. "The cycle of re-victimizing hero 9/11 families needs to end. Our government needs to find a way to fix this immediately."
Attorneys for the terrorists argued Austin’s unprecedented attempt to revoke the plea deal violated the military’s commission regulations.
"We have had an unprecedented act by a government official to pull back what was a valid agreement. … For us, it raises very serious questions about continuing to engage in a system that seems so obviously corrupt and rigged," Walter Ruiz, defense counsel for Hawsawi, said at the time of the reversal.
The three terrorists have been held at the military prison in Guantanamo Bay since 2003.