Defense secretary Lloyd Austin’s reversal last month of a plea deal for the accused masterminds of the 9/11 terrorist attacks may not hold up in court, as defense lawyers argue that he acted too late, the New York Times reported.
The judge, Col. Matthew N. McCall, will determine whether Austin had the authority to revoke a Department of Defense plea deal that would have left the death penalty off the table for Khalid Sheikh-Mohammed, Walid Muhammad Salih Mubarak Bin 'Attash, and Mustafa Ahmed Adam al Hawsawi—three terrorists accused of plotting the Sept. 11, 2001, attacks that killed nearly 3,000 people and brought down the Twin Towers in New York City.
Defense lawyers argue that Austin acted too late in revoking the signed plea agreements, which they contend are still valid contracts. They further claim that Austin’s reversal, made two days after retired general Susan Escallier signed the deal, was politically influenced, citing its widespread backlash from lawmakers and victims’ families.
Austin defended his decision to withdraw the deal, saying that his only motivation was to make sure that the three terrorists would face a full trial. The judge now must decide whether Austin’s reversal stands given that the Defense Department already signed the agreement.
While pretrial hearings are scheduled to begin Monday, the plea deal may not come up for weeks, as the judge has set an October 1 deadline for the prosecution and defense to respond to the plea deal filings, and initial hearings will focus on witness testimony related to another challenge, according to the Times.
The widow of a 9/11 victim scolded the Biden-Harris administration for signing the widely criticized plea deal in remarks at the 23rd anniversary memorial at ground zero on Wednesday.
"It is outrageous that our government would ever entertain the thought of granting the terrorists a plea deal. If not for the outcry of the 9/11 community, who knows what might have transpired. It's been 23 years and the families deserve justice," the widow said.