Military Judge at Guantánamo Restores 9/11 Plea Deals, Rules Lloyd Austin Had No Right to Withdraw Them Three Months Ago
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On July 31 this year, a truly historic event took place at Guantánamo — in the military commissions, the trial system established to prosecute prisoners charged with acts of terrorism.
After two and a half years of negotiations between three of the men charged in connection with the terrorist attacks of September 11, 2001, their prosecutors and their defense teams, the Convening Authority for the Commissions, retired US Army Brigadier General Susan K. Escallier (who was previously the Chief Judge in the US Army Court of Criminal Appeals), entered into three separate pretrial agreements (PTAs) with Khalid Shaykh Mohammad (KSM), the alleged architect of the 9/11 attacks, and two of his alleged accomplices, Walid bin Attash, and Mustafa Al-Hawsawi. Of the five men originally charged in connection with the 9/11 attacks, one other man, Ammar al-Baluchi, is still involved in negotiations regarding his case, while the fifth, Ramzi bin al-Shibh, was ruled “unfit to stand trial” by a DoD Sanity Board last year.
Two days after the plea deals were announced, however, they were rescinded by the defense secretary, Lloyd Austin, in a decision that, shamefully, demonstrated a commitment to undying vengeance in defiance of reality on the government’s part, coupled with fear of even greater reality-defying vengefulness from Republicans.
Lloyd Austin Cynically Revokes 9/11 Plea Deals, Which Correctly Concluded That the Use of Torture Is Incompatible With the Pursuit of Justice
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I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.
In depressing but sadly predictable news regarding the prison at Guantánamo Bay and its fundamentally broken military commission trial system, the US defense secretary, Lloyd Austin, has stepped in to torpedo plea deal agreements with three of the men allegedly involved in planning and executing the terrorist attacks on September 11, 2001, which were announced just 48 hours before in a press release by his own department, the Department of Defense.
The three men in question are Khalid Shaikh Mohammad (KSM), the alleged mastermind of the attacks, Walid Bin Attash and Mustafa al-Hawsawi, and, although the full details of the plea deals were not made publicly available, prosecutors who spoke about them after the DoD’s press release was issued confirmed that the three men had “agreed to plead guilty to conspiracy and murder charges in exchange for a life sentence rather than a death-penalty trial.”
The plea deals, approved by the Convening Authority for the military commissions, Army Brig. Gen. Susan Escallier, who was previously the Chief Judge in the US Army Court of Criminal Appeals, would finally have brought to an end the embarrassing and seemingly interminable efforts to prosecute the three men, which began sixteen and a half years ago, and have provided nothing but humiliation for four successive US administrations — those led by George W. Bush, Barack Obama, Donald Trump and Joe Biden.
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