Latest news with #Guantanamo
Yahoo
3 days ago
- Politics
- Yahoo
Court rules former Defense Secretary Lloyd Austin had authority to throw out plea deals for 9/11 alleged conspirators
A federal appeals court determined that former Defense Secretary Lloyd Austin 'indisputably' had the authority to cancel plea agreements made last year with Khalid Sheikh Mohammed and two other defendants accused of plotting the 9/11 terror attack. The decision overturns a ruling by a military judge last year that plea agreements setting aside the possibility of the death penalty for the men were 'valid and enforceable,' after Austin revoked the deals months before. 'The Secretary of Defense indisputably had legal authority to withdraw from the agreements; the plain and unambiguous text of the pretrial agreements shows that no performance of promises had begun,' court documents outlining the decision of the DC Circuit Court of Appeals said. Wells Dixon, a senior staff attorney at the Center for Constitutional Rights who previously represented another Guantanamo detainee, Majid Khan, criticized the court ruling on Friday, saying it will 'ensure nothing but the continued lack of justice and accountability for anyone involved in the military commissions.' 'The Biden administration's effort to invalidate the plea agreements that would resolve in lasting convictions and life sentences for the 9/11 defendants was inexplicable,' Dixon said. 'It was a painful betrayal of the 9/11 victim family members, because we know after more than two decades of litigation at Guantanamo, and we know from experience, that the 9/11 cases will never be resolved through a contested trial.' 'Putting aside the fantasy that this case is ever going to go to trial — assuming it does go to trial and that there's a conviction — you get to sentencing, and they have a right to put forward evidence … that they were tortured. That's never going to happen,' Dixon added. The military trial against Mohammed and the other alleged 9/11 conspirators has been delayed for years as the US government tried to determine how to handle the issue of the torture of individuals at CIA prisons, and the question of whether evidence obtained through torture was admissible in court. Dixon previously told CNN that the government is 'unwilling' to admit evidence in trial 'about the defendants' torture.' The pretrial agreements were announced last summer after 27 months of negotiation, and took the possibility of the death sentence off the table for Mohammed, Mustafa al Hawsawi, and Walid Bin 'Attash. They required that the accused plead guilty to all charges against them and would undergo a public sentencing hearing in which they would be required to answer questions by family members and survivors of the September 11 attack. The agreements drew fierce backlash, both politically and from some groups representing 9/11 victims and their families who had pushed for the death penalty. But just days after the news of the agreements was publicized, Austin revoked them, saying the final decision should be left to him and not the official overseeing the military courts at Guantanamo Bay, Brig. Gen. Susan Escallier. Austin also withdrew Escallier's authority over the cases. Austin's revocation kicked off a months-long legal battle. Attorneys representing the three conspirators called Austin's actions corrupt and unprecedented, and argued that it was not legal due to a regulation in the military's own Manual for Military Commissions, which says a pretrial agreement can only be withdrawn before the accused begins 'performance of promises' or if they do not hold up their end of the agreement. A defense attorney for Mohammed argued in August last year that his client had already begun 'very important, substantive, specific performance,' and therefore Austin's actions were too late. The military judge overseeing the trials of the three men appeared to agree, ruling in November that the plea agreements were 'valid and enforceable.' A defense official told CNN at the time that the judge, Col. Matthew McCall, rules that not only are they legal and enforceable but 'that [Austin] was too late in doing that.' A military appeals court also ruled against Austin in December. The DC Circuit Court of Appeals said in its ruling on Friday that Austin had 'full legal authority' to withdraw from the pretrial agreements, and said there 'no prior performance of promises contained in those agreements prevented the Secretary's withdrawal.' CNN's Katelyn Polantz contributed to this report.
News.com.au
3 days ago
- Politics
- News.com.au
Major update in fate of 9/11 mastermind
The chief architect of the 9/11 terrorist attacks could be sentenced to death after a court tossed out a plea deal that would have saved his life. Khalid Sheikh Mohammed is accused of masterminding the September 11, 2001 attacks against the United States and was regarded as one of al-Qaeda chief Osama bin Laden's most trusted henchmen. In 2003, the CIA captured him in Pakistan, after which he spent three years in secret prisons before arriving at Guantanamo in 2006. He is said to have planned out the deadly attacks from 'A to Z' and was also involved in a string of major plots against the US, where he attended university, the Sun reports. Mohammed as well as two alleged accomplices – Walid bin Attash and Mustafa al-Hawsawi – struck a deal with prosecutors on July 31 and agreed to plead guilty in exchange for a life sentence. The deal would allow the trio to be spared from the death penalty and remain jailed on the southern portion of the American Naval Base in Cuba. The agreement has sparked outrage from family members of victims who died during the 9/11 attacks. But a US appeals court on Friday scrapped the agreement, saying that both they and the American public deserved to see the defendants stand trial. Lloyd Austin, the Secretary of Defence under the Biden administration, attempted to halt the agreement by filing a motion to a military appeals court. In his brief, Austin cited the magnitude of the 9/11 attacks and argued that as defence secretary, he should decide on any plea agreements that would save the three men from the death penalty. Austin 'acted within the bounds of his legal authority, and we decline to second-guess his judgment,' judges Patricia Millett and Neomi Rao wrote in a ruling today. Congressional politicians have also slammed the plea deal, calling it a 'national disgrace' and a 'total miscarriage of justice.' 'The Biden-Harris Administration's weakness in the face of sworn enemies of the American people apparently knows no bounds,' said Senate Minority Leader Mitch McConnell at the time. 'The plea deal with terrorists – including Khalid Sheik Mohammed, the mastermind of the 9/11 attacks that killed thousands of Americans – is a revolting abdication of the government's responsibility to defend America and provide justice. 'The only thing worse than negotiating with terrorists is negotiating with them after they are in custody.' Mohammed and al-Hawsawi were captured on March 1, 2003, in a joint CIA and Pakistan's Inter-Services Intelligence operation in the Pakistani city of Rawalpindi. Walid bin Attash was captured in Karachi, Pakistan, in April 2003. Mohammed was held in secret CIA prisons up until his transfer to Guantanamo Bay in September 2006. However, before he was moved to Guantánamo, government officials interrogated Mohammed and his accomplices for years, torturing them and keeping them isolated in undisclosed locations. Mohammed endured 183 rounds of waterboarding – a form of torture where a person experiences the sensation of drowning when water is poured over a cloth covering their face. Terror attacks At least 2,753 people died at the site of the World Trade Center, where two planes crashed into the towers on September 11, 2001. A third plane hit the Pentagon, while a fourth, which was planned to strike Washington DC, crashed in a field in Pennsylvania after crew members and passengers stormed the cockpit. The heinous attacks sparked the war on terror after President George W. Bush ordered the US military to invade Afghanistan and Iraq in search of the terrorists responsible. The US government was warned by the CIA that the likely targets would be famous landmarks or symbols of US capitalism – but they did not know when or how. And none of them could have imagined the extent or horror of 9/11 when it did happen. On May 1, 2011, the most classified operation of the last 25 years was launched to kill Osama bin Laden. The Saudi-born terror chief became the world's most wanted man, hiding in plain sight in Pakistan for years before U.S. navy SEALs took him out in a daring raid. In the cover of night, Seal Team Six was sent to Abbottabad in Pakistan – where bin Laden was hiding. Within minutes, the Seals were within the compound and shot and killed the world's most wanted terrorist.
The Sun
3 days ago
- Politics
- The Sun
Terrorist mastermind of 9/11 Khalid Sheikh Mohammed could be sentenced to DEATH at Guantanamo Bay trial
THE chief architect of the 9/11 terrorist attacks could be sentenced to death after a court tossed out a plea deal that would have saved his life. Khalid Sheikh Mohammed is accused of masterminding the September 11, 2001 attacks against the United States - and was regarded as one of al-Qaeda chief Osama bin Laden's most trusted henchmen. 7 7 7 In 2003, the CIA captured him in Pakistan, after which he spent three years in secret prisons before arriving at Guantanamo in 2006. He is said to have planned out the deadly attacks from "A to Z" -- and was also involved in a string of major plots against the US, where he attended university. Mohammed as well as two alleged accomplices -- Walid bin Attash and Mustafa al-Hawsawi -- struck a deal with prosecutors on July 31 and agreed to plead guilty in exchange for a life sentence. The deal would allow the trio to be spared from the death penalty and remain jailed on the southern portion of the American Naval base in Cuba. The agreement has sparked outrage from family members of victims who died during the 9/11 attacks. But a US appeals court on Friday scrapped the agreement, saying that both they and the American public deserved to see the defendants stand trial. Lloyd Austin, the Secretary of Defence under the Biden administration, attempted to halt the agreement by filing a motion to a military appeals court. In his brief, Austin cited the magnitude of the 9/11 attacks and argued that as defence secretary, he should decide on any plea agreements that would save the three men from the death penalty. Austin "acted within the bounds of his legal authority, and we decline to second-guess his judgment," judges Patricia Millett and Neomi Rao wrote in a ruling today. Congressional lawmakers have also slammed the plea deal, calling it a "national disgrace" and a "total miscarriage of justice." "The Biden-Harris Administration's weakness in the face of sworn enemies of the American people apparently knows no bounds," said Senate Minority Leader Mitch McConnell at the time. "The plea deal with terrorists – including Khalid Sheik Mohammed, the mastermind of the 9/11 attacks that killed thousands of Americans – is a revolting abdication of the government's responsibility to defend America and provide justice. "The only thing worse than negotiating with terrorists is negotiating with them after they are in custody." Mohammed and al-Hawsawi were captured on March 1, 2003, in a joint CIA and Pakistan's Inter-Services Intelligence operation in the Pakistani city of Rawalpindi. Walid bin Attash was captured in Karachi, Pakistan, in April 2003. Mohammed was held in secret CIA prisons up until his transfer to Guantánamo Bay in September 2006. However, before he was moved to Guantánamo, government officials interrogated Mohammed and his accomplices for years, torturing them and keeping them isolated in undisclosed locations. Mohammed endured 183 rounds of waterboarding - a form of torture where a person experiences the sensation of drowning when water is poured over a cloth covering their face. 7 7 7 Key figures behind 9/11 Here are some of the key figures involved in the terrorist attacks on September 11, 2001. Hijackers on American Airlines Flight 11 Mohamed Atta Abdulaziz al-Omari Wail al-Shehri Waleed al-Shehri Satam al-Suqami Hijackers on United Airlines Flight 175 Marwan al-Shehhi Fayez Banihammad Mohand al-Shehri Hamza al-Ghamdi Ahmed al-Ghamdi Hijackers on American Airlines Flight 77 Hani Hanjour Khalid al-Mihdhar Majed Moqed Nawaf al-Hazmi Salem al-Hazmi Hijackers on United Airlines Flight 93 Ziad Jarrah Ahmed al-Haznawi Ahmed al-Nami Saeed al-Ghamdi Three suspects have also accepted a plea deal in the two decades since the attacks - Khalid Sheikh Mohammed, Walid Bin Attash, and Mustafa al-Hawsawi. The men, along with Ali Abdul Aziz Ali and Ramzi Bin al Shibh, were jointly arraigned on June 5, 2008, and again on May 5, 2012. Al-Hawsawi was charged with helping the hijackers with their finances and travel arrangements. TERROR ATTACKS At least 2,753 people died at the site of the World Trade Center, where two planes crashed into the towers on September 11, 2001. A third plane hit the Pentagon, while a fourth, which was planned to strike Washington DC, crashed in a field in Pennsylvania after crew members and passengers stormed the cockpit. The heinous attacks sparked the war on terror after President George W. Bush ordered the US military to invade Afghanistan and Iraq in search of the terrorists responsible. The US government was warned by the CIA that the likely targets would be famous landmarks or symbols of US capitalism - but they did not know when or how. And none of them could have imagined the extent or horror of 9/11 when it did happen. On May 1, 2011, the most classified operation of the last 25 years was launched to kill Osama Bin Laden. The Saudi-born terror chief became the world's most wanted man, hiding in plain sight in Pakistan for years before U.S. Navy SEALs took him out in a daring raid. In the cover of night, Seal Team Six was sent to Abbottabad in Pakistan - where Bin Laden was hiding. Within minutes, the Seals were within the compound and shot and killed the world's most wanted terrorist. 9/11 timeline of events On September 11, 2001, al-Qaeda operatives coordinated a terrorist attack against the United States, hijacking four commerical airplanes and crashing them into the Twin Towers and Pentagon. Timeline: 5:45 am: Two hijackers get through security in Portland, Maine, and board a flight to Boston, where they will link up with three more hijackers and check in for American Airlines Flight 11 to Los Angeles. 7:59 am: American Airlines Flight 11 takes off. The plane is carrying 76 passengers, 11 crew members, and five hijackers. 8:15 am: United Airlines Flight 175, carrying 51 passengers, nine crew, and five hijackers, takes off from Boston to Los Angeles. 8:20 am: American Airlines Flight 77 takes off from Washington DC Dulles to Los Angeles. The plane is carrying 53 passengers, six crew members, and five hijackers. 8:42 am: United Airlines Flight 93 takes off from Newark. The plane is carrying 33 passengers, seven crew members, and four hijackers. The flight was bound for San Francisco. 8:46 am: Flight 11 crashes into the North Tower of the World Trade Center. 9:03 am: Flight 175 hits the South Tower of the World Trade Center. 9:36 am: Vice President Dick Cheney is evacuated by Secret Service agents to an undisclosed location. 9:37 am: Flight 77 hits the Pentagon building in Washington DC. 9:45 am: The US Capitol and White House are both evacuated. 9:59 am: The South Tower is the first to collapse after burning for around 56 minutes. 10:03 am: United Airlines flight 93 crashes into a field near Shanksville, Pennsylvania. The passengers and crew got together and stormed the cockpit of the hijacked plane. All on board are killed. 10:28 am: The North Tower collapses. 8:30 pm: President George W. Bush addresses the US from the White House regarding the attacks. Almost 3,000 Americans died in the terror attacks.
Wall Street Journal
3 days ago
- Politics
- Wall Street Journal
Court Quashes Sept. 11 Plea Bargains That Military Judge Had Approved
WASHINGTON—A federal appeals court on Friday quashed plea bargains that would spare three alleged Sept. 11, 2001, conspirators from the death penalty in exchange for confessing guilt, extending the troubled prosecution of Khalid Sheikh Mohammed and other Guantanamo detainees accused of engineering the deadliest terrorist attack in American history. 'The families of the victims and the American public have a strong interest in bringing the perpetrators to justice,' the U.S. Court of Appeals for the District of Columbia Circuit said in the 2-1 opinion. 'In particular, the judgment about whether respondents should face the death penalty is a grave one that requires political accountability.'
CNN
3 days ago
- Politics
- CNN
Court rules former Defense Secretary Lloyd Austin had authority to throw out plea deals for 9/11 alleged conspirators
A federal appeals court determined that former Defense Secretary Lloyd Austin 'indisputably' had the authority to cancel plea agreements made last year with Khalid Sheikh Mohammed and two other defendants accused of plotting the 9/11 terror attack. The decision overturns a ruling by a military judge last year that plea agreements setting aside the possibility of the death penalty for the men were 'valid and enforceable,' after Austin revoked the deals months before. 'The Secretary of Defense indisputably had legal authority to withdraw from the agreements; the plain and unambiguous text of the pretrial agreements shows that no performance of promises had begun,' court documents outlining the decision of the DC Circuit Court of Appeals said. Wells Dixon, a senior staff attorney at the Center for Constitutional Rights who previously represented another Guantanamo detainee, Majid Khan, criticized the court ruling on Friday, saying it will 'ensure nothing but the continued lack of justice and accountability for anyone involved in the military commissions.' 'The Biden administration's effort to invalidate the plea agreements that would resolve in lasting convictions and life sentences for the 9/11 defendants was inexplicable,' Dixon said. 'It was a painful betrayal of the 9/11 victim family members, because we know after more than two decades of litigation at Guantanamo, and we know from experience, that the 9/11 cases will never be resolved through a contested trial.' 'Putting aside the fantasy that this case is ever going to go to trial — assuming it does go to trial and that there's a conviction — you get to sentencing, and they have a right to put forward evidence … that they were tortured. That's never going to happen,' Dixon added. The military trial against Mohammed and the other alleged 9/11 conspirators has been delayed for years as the US government tried to determine how to handle the issue of the torture of individuals at CIA prisons, and the question of whether evidence obtained through torture was admissible in court. Dixon previously told CNN that the government is 'unwilling' to admit evidence in trial 'about the defendants' torture.' The pretrial agreements were announced last summer after 27 months of negotiation, and took the possibility of the death sentence off the table for Mohammed, Mustafa al Hawsawi, and Walid Bin 'Attash. They required that the accused plead guilty to all charges against them and would undergo a public sentencing hearing in which they would be required to answer questions by family members and survivors of the September 11 attack. The agreements drew fierce backlash, both politically and from some groups representing 9/11 victims and their families who had pushed for the death penalty. But just days after the news of the agreements was publicized, Austin revoked them, saying the final decision should be left to him and not the official overseeing the military courts at Guantanamo Bay, Brig. Gen. Susan Escallier. Austin also withdrew Escallier's authority over the cases. Austin's revocation kicked off a months-long legal battle. Attorneys representing the three conspirators called Austin's actions corrupt and unprecedented, and argued that it was not legal due to a regulation in the military's own Manual for Military Commissions, which says a pretrial agreement can only be withdrawn before the accused begins 'performance of promises' or if they do not hold up their end of the agreement. A defense attorney for Mohammed argued in August last year that his client had already begun 'very important, substantive, specific performance,' and therefore Austin's actions were too late. The military judge overseeing the trials of the three men appeared to agree, ruling in November that the plea agreements were 'valid and enforceable.' A defense official told CNN at the time that the judge, Col. Matthew McCall, rules that not only are they legal and enforceable but 'that [Austin] was too late in doing that.' A military appeals court also ruled against Austin in December. The DC Circuit Court of Appeals said in its ruling on Friday that Austin had 'full legal authority' to withdraw from the pretrial agreements, and said there 'no prior performance of promises contained in those agreements prevented the Secretary's withdrawal.'
