A federal appeals court in Washington, DC has affirmed the decision by former Pentagon chief Lloyd Austin to revoke a plea deal for Khalid Sheikh Mohammed, the alleged mastermind behind the September 11, 2001 attacks on the United States.
On Friday, a panel of judges ruled that Austin possessed the full legal authority to annul the plea agreement for Mohammed and two other defendants.
This plea deal would have spared Mohammed from the death penalty in exchange for a guilty plea.
The appellate court ruling prolongs a legal battle that has persisted for decades for Mohammed, who has been held at the Guantanamo Bay detention facility in Cuba since his capture in Pakistan in 2003.
In August of last year, Austin revoked the plea agreement, asserting that the families of victims and the American public deserved the opportunity to witness the case being presented in a military commission, which serves as an alternative justice system for Guantanamo detainees.
However, the path to a trial is anticipated to be fraught with complexities, including issues surrounding evidence acquired through torture, which will extend the legal uncertainties facing the detainees at Guantanamo.
In November, a military judge reinstated the plea agreements, a decision that was backed by a military appeals court the following month.
The Biden administration then escalated the matter to a federal civilian appeals court.
Defense attorneys argued that Austin’s revocation of the plea deals was untimely since portions of those agreements were already set in motion.
Ultimately, the appeals court in Washington, DC concluded that Austin had made a reasonable decision to await the outcome of negotiations before choosing to withdraw the deals.
Judges Patricia Millett and Neomi Rao, writing for the court’s majority, emphasized that preventing the withdrawal of the plea deal could imply that such agreements are irrevocable once signed.
“The Secretary acted within the bounds of his legal authority, and we decline to second-guess his judgment,” the ruling stated.
Conversely, Judge Robert Wilkins, in dissent, criticized the ruling, equating the revocation of the plea deal to refusing to compensate a painter who had completed portions of work as per a repair contract.
For years, human rights organizations have advocated for the closure of the Guantanamo Bay detention facility, commonly referred to as Gitmo.
Opened in 2002 as part of the US response to the war on terror post-9/11, the prison has housed detainees apprehended globally on suspicions of affiliations with al-Qaeda and other extremist entities.
Many detainees have reported enduring torture at clandestine detention facilities, known as black sites, before their transfer to Guantanamo.
Civil liberties advocates claim that prisoners at Gitmo face severe restrictions on their legal rights. Even individuals cleared for release through military commissions have remained imprisoned for extended periods without recourse to challenge their detentions.
Originally accommodating nearly 800 Muslim men and teenage boys, only 15 prisoners remain at the facility today, with three eligible for release.
image source from：aljazeera
