Judge reinstates plea deal for 9/11 mastermind, blocks Pentagon chief's order

The plea deals, which were struck in July 2024, had originally spared Mohammed, Walid Muhammad Salih Mubarak Bin 'Attash, and Mustafa Ahmed Adam al Hawsawi from facing the death penalty in exchange for pleading guilty. 

In Short

• Plea deal with 9/11 mastermind was struck in July
• Under plea deal, mastermind would plead guilty to all charges, but avoid execution
• Khalid Sheikh Mohammed was captured in 2003, held at Guantanamo Bay

A military judge has ruled that the controversial plea deals for Khalid Sheikh Mohammed, the mastermind behind the September 11, 2001 terrorist attacks, and two other terrorists, must remain in effect. The ruling reinstates the plea deals that were previously revoked by Secretary of Defence Lloyd Austin just three months ago.

The plea deals, which were struck in July 2024, had originally spared Mohammed, Walid Muhammad Salih Mubarak Bin 'Attash, and Mustafa Ahmed Adam al Hawsawi from facing the death penalty in exchange for pleading guilty.

Under the terms of the deal, the three men would plead guilty to all charges related to the September 11 attacks that killed nearly 3,000 people, but avoid execution.

The plea agreements, however, quickly became the centre of political and legal controversy, prompting objections from both political leaders and families of the 9/11 victims.

In July 2024, Secretary of Defence Lloyd Austin revoked the plea deals, citing concerns about the process and the lack of consultation with victims' families and lawmakers.

The revocation, which came just after the terrorist's agreement to plead guilty, was seen as a direct response to criticism from members of Congress, including House Speaker Mike Johnson and Senate Minority Leader Mitch McConnell.

Both lawmakers expressed outrage over the prospect of Mohammed and his co-conspirators being spared the death penalty in exchange for guilty pleas, calling it an affront to the victims' families and the American public.

Despite the objections, a military judge has now overruled the Department of Defence's earlier action, deciding that the plea deals are legally valid and must be honoured.

This decision effectively reinstates the terms of the deals, allowing the three men to plead guilty and avoid execution in exchange for their testimony and cooperation.

Khalid Sheikh Mohammed, who is widely recognised as the architect of the September 11 attacks, has been held at Guantanamo Bay since his capture in 2003. His accomplices, Bin 'Attash and al Hawsawi, are also alleged to have played key roles in planning and facilitating the attacks.

The Pentagon confirmed that the three men were originally arraigned together in 2008 and again in 2012 on charges related to their involvement in the attacks.

In addition to the charges of murder and conspiracy, the men face a host of terrorism-related charges, including providing material support to Al-Qaeda.