Updated January 09, 2025 at 23:44 PM ET
In another last-minute twist in a legal drama consuming the September 11th terrorism case, a federal appeals court has delayed a hearing at which the alleged ringleader of the attacks was scheduled to plead guilty at the U.S. military court in Guantánamo Bay, Cuba. That has further slowed down the case, which has dragged on for more than two decades without trial.
Thursday's ruling came on the evening before the hearing, and as the Biden administration is racing to shrink Guantánamo's prison population before leaving office.
Alleged 9/11 mastermind Khalid Sheikh Mohammed had been scheduled to enter his guilty plea on Friday. Two of his alleged accomplices were to plead guilty next week. Those plea deals would allow them to forgo a trial and escape the risk of the death penalty. Instead, they would receive sentences of up to life in prison.
But Defense Secretary Lloyd Austin opposes the deals, saying the 9/11 case should proceed to trial, and Pentagon prosecutors have made multiple attempts to stop them.
In its latest effort to block the pleas, the Pentagon asked the Justice Department to request that the U.S. Court of Appeals for the D.C. Circuit order the military court to cancel the plea hearings, or at least pause them. On Thursday, the appeals court did the latter.
The three-judge appeals panel wrote on Thursday that its order should not be considered "a ruling on the merits" of the case, but a temporary delay to allow enough time for it to hear arguments on an expedited basis. Both sides must file their arguments by January 22.
The appeals court ruling is the latest development in a complicated saga that began in summer 2024, when the military court announced a huge breakthrough in the stalled case: It had reached plea deals with the 9/11 defendants following more than two years of negotiations. Yet 48 hours later, Austin shocked the Guantánamo community by reversing those deals.
He said he had been blindsided by them, even though his own prosecutors have said plea deals are the best resolution.
Austin was later overruled by two military courts, including a review panel, which concluded he does not have the authority to retroactively cancel plea deals. That sent the Pentagon scrambling to find another way to halt guilty pleas by Mohammed and two of his alleged accomplices, Walid bin Attash and Mustafa al-Hawsawi. A third alleged accomplice, Ammar al-Baluchi (also known as Ali Abdul Aziz Ali), has not agreed to a plea deal. A fourth, Ramzi bin al-Shibh, was declared mentally incompetent to stand trial, so his case is in limbo.
After its legal losses, the Pentagon enlisted the help of the Justice Department and the D.C. Circuit Court.
Georgetown University law professor Stephen Vladeck, who closely follows Guantánamo legal proceedings, said defense attorneys for Guantánamo prisoners have often asked a federal court to intercede in their cases, although they usually lose. But he said it is rare for prosecutors to make such a move, especially after being defeated in lower courts.
"To call it unusual is a vast understatement," Vladeck said. "We've had the military commissions in some way, shape or form now for over 20 years, and we haven't had a case like this before."
Vladeck and other attorneys said the 9/11 case is likely to end up before the U.S. Supreme Court, the next step after a federal appeals court ruling. That could cause the case to drag on for years more.
That frustrates former military commissions lawyer Ian Moss, who now works in private practice.
"You've had two courts find that Austin was without authority to do what he did. That should be the end of it," he said.
By not accepting plea deals, Moss added, the government is squandering a chance to end a dysfunctional case that doesn't seem to have an end in sight otherwise, and to get closer to President Biden's goal of closing Guantánamo.
"This is essentially snatching victory from the jaws of self-defeat," he said. "After so long with no to minimal progress, there's finally an opportunity to have a resolution and closure."
The 9/11 case has been unable to progress to trial for several reasons, including the cumbersome nature of conducting the proceedings on a Caribbean island, ongoing arguments over what rules apply to the military court, and fights over classified material. The case has also been severely handicapped because the 9/11 defendants were tortured in secret CIA prisons, often making evidence such as confessions inadmissible.
Amid these decades of legal chaos, the family members of 9/11 victims have wrestled with increasing feelings of frustration, exhaustion and disillusionment. Some are angry that plea deals might happen, depriving them of government secrets they believe could be exposed during a trial. Some want the men put to death. Others simply want the case to end and would be content with guilty pleas and life prison sentences.
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