Supreme Court turns away appeal from alleged 9/11 mastermind
The Supreme Court rejected appeals from Khalid Sheikh Mohammed and two alleged accomplices to reinstate plea agreements with military prosecutors. The deals would have spared Mohammed the risk of execution in exchange for a guilty plea and life in prison without parole. A Pentagon official approved the deals in late July 2024. Then-Defense Secretary Lloyd Austin nullified them two days later. A military judge ruled that Austin’s withdrawal came too late because the defendants had already begun performance. A unanimous panel of military appellate judges upheld that decision. A divided panel of the D.C. Circuit Court of Appeals reversed that decision, finding Austin acted within his legal authority. The government's withdrawal of the plea deals remains in place. The Supreme Court declined to hear appeals from the three men without explanation. Justice Brett Kavanaugh recused himself from the cases involving Mohammed and Mustafa al-Hawsawi.
Key points
- The Supreme Court rebuffed a bid from Khalid Sheikh Mohammed and two alleged accomplices to revive plea agreements with military prosecutors.
- The agreement would have spared Mohammed the risk of execution in exchange for a guilty plea and life in prison without parole.
- A Pentagon official approved the deals in late July 2024.
- Then-Defense Secretary Lloyd Austin nullified them two days later.
- A military judge ruled that Austin’s withdrawal came too late because the defendants had already begun performance of the deals. A unanimous panel of military appellate judges upheld that decision. A divided panel of the D.C. Circuit Court of Appeals reversed that decision, finding Austin acted within his legal authority. The government's withdrawal of the plea deals remains in place. The Supreme Court declined to hear appeals from the three men without explanation. Justice Brett Kavanaugh recused himself from the cases involving Mohammed and Mustafa al-Hawsawi.
The Supreme Court rebuffed a bid from Khalid Sheikh Mohammed and two alleged accomplices to revive plea agreements with military prosecutors before being revoked by the Biden administration.
The defendants aimed to recover plea agreements they had initially accepted, including admitting guilt and providing full admissions. Mohammed could have avoided death by accepting a plea deal that included a life sentence without parole. He is charged with planning and overseeing the attack involving hijacked planes targeting the World Trade Center and the Pentagon. One of the hijacked planes crashed into a field in Pennsylvania.
A Pentagon official approved the deals in late July 2024. Then-Defense Secretary Lloyd Austin nullified them two days later. The military judge found Austin’s effort to withdraw invalid, as the defendants had already started fulfilling the agreed terms. All members of the military appellate court agreed with the original ruling. A divided panel of the D.C. Circuit Court of Appeals reversed that decision, finding Austin acted within his legal authority.
The Supreme Court declined to hear appeals from the three men without explanation. Justice Brett Kavanaugh recused himself from the cases involving Mohammed and Mustafa al-Hawsawi.
The government's withdrawal of the plea deals remains in place. The Supreme Court’s decision preserves the Biden administration’s action to withdraw the plea deals. It does not resolve the broader legal debate over whether evidence obtained through enhanced interrogation techniques can be used in court. The case remains under active judicial review.
Questions and answers
- The Supreme Court declined to hear the appeal without explanation, preserving the lower court’s ruling that the defense secretary’s withdrawal of the plea deals was timely.
- Why did the Supreme Court reject the appeal?
- The deal would have spared Khalid Sheikh Mohammed the death penalty in exchange for a guilty plea and life in prison without parole.
- What was the original plea deal?
- The defense secretary, Lloyd Austin, withdrew the plea deals in July 2024, two days after a Pentagon official approved them.
- When was the plea deal withdrawn?
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