A US appeals court on Friday scrapped 9/11 mastermind Khalid Sheikh Mohammed’s plea agreement that would have taken the death penalty off the table and helped conclude the long-running legal saga surrounding his case.
The agreement had sparked anger among some relatives of victims of the 2001 attacks, and last year, then-US defense secretary Lloyd Austin moved to cancel it, saying that both they and the American public deserved to see the defendants stand trial.
Austin “acted within the bounds of his legal authority, and we decline to second-guess his judgment,” judges Patricia Millett and Neomi Rao wrote.
Plea deals with Mohammed as well as two alleged accomplices — Walid bin Attash and Mustafa al-Hawsawi — were announced in late July last year.
The decision appeared to have moved their cases toward resolution after years of being bogged down in pre-trial maneuverings while the defendants were held at the Guantanamo Bay military base in Cuba.
But Austin withdrew the agreements two days after they were announced, saying the decision should be up to him, given its significance.
He subsequently said that “the families of the victims, our service members and the American public deserve the opportunity to see military commission trials carried out in this case.”
A military judge ruled in November that the deals were valid and binding, but the government appealed that decision.
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