US Defense Secretary Lloyd Austin has revoked a pre-trial agreement with several men accused of plotting the 9/11 attacks. The agreement was designed to spare the alleged plotters the death penalty, a decision that met with criticism from various quarters including families of 9/11 victims and certain political leaders.
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The 9/11 attacks was carried out by the terrorist group Al-Qaeda and it was the deadliest terrorist at on US soil.
On September 11, 2001, hijacked planes struck the World Trade Center in New York, the Pentagon in Virginia and a field in Pennsylvania resulting in nearly 3,000 deaths.
The attacks led to the US’s War on Terror, sparking military interventions in Afghanistan and Iraq.
Khalid Sheikh Mohammed (KSM) often referred to as the mastermind behind the 9/11 attacks, KSM allegedly proposed the idea of using hijacked planes as weapons to Osama bin Laden. He was captured in Pakistan in 2003.
Walid Muhammad Salih Mubarak bin Attash accused of involvement in the 9/11 attacks and the 2000 bombing of the USS Cole in Yemen, which killed 17 sailors.
Mustafa Ahmed Adam al-Hawsawi allegedly acted as a fundraiser for the 9/11 operation.
Ramzi bin al-Shibh alleged coordinator of the 9/11 attacks, who could not participate as a hijacker due to visa issues.
Ali Abdul Aziz Ali, Nephew of KSM accused of providing technical support to the 9/11 plot.
The plea deal was reached with three of the accused, would have removed the death penalty from the equation in exchange for guilty pleas.
This agreement was brokered by Brigadier General Susan Escallier, overseeing the military court at Guantanamo Bay.
On Friday, US Defence Secretary Lloyd Austin revoked the plea agreement. In his memo, Austin highlighted the importance of such decisions and stated that the authority should rest with him as the superior authority. He also revoked the authority of Brig. Gen. Escallier to sign such agreements.
The accused men have been held at the US military prison in Guantanamo Bay, Cuba, for over two decades without trial. The facility was established in 2002 by then-President George W. Bush to house terror suspects.
The accused have reported being tortured during their detention by the CIA. KSM, for instance, was subjected to waterboarding 183 times. These allegations have complicated pre-trial hearings and raised concerns about due process.
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Alleged mastermind behind the 9/11 attacks, orchestrating the plan to hijack commercial passenger aircraft and crash them into the World Trade Center and the Pentagon.
Initially charged in 2008 with conspiracy, murder in violation of the law of war, terrorism and more. Has been in custody at Guantanamo Bay since 2006, where his detention and treatment have been controversial due to allegations of torture.
Accused of being co-conspirators in the 9/11 attacks assisting in logistics and execution of the plans. Like KSM, their cases have been stuck in pre-trial hearings due to complexities surrounding evidence obtained through torture.
The plea deal involved life sentences in exchange for guilty pleas from KSM, Bin ‘Attash, and al-Hawsawi. It aimed to resolve the legal limbo by avoiding the complexities of a trial that would involve torture-derived evidence, which is inadmissible.
The US military commissions have been struggling with the admissibility of evidence, much of which was obtained through methods considered torture.
The use of torture in obtaining confessions and information from detainees has complicated legal proceedings as such evidence is deemed inadmissible.
The treatment of detainees at Guantanamo Bay has erupted debate about human rights, legality and the ethical obligations of democratic nations.
The decision to try these cases in military commissions rather than civilian courts has been contentious, with arguments for and against each approach.
Former Attorney General Eric Holder proposed trying these cases in civilian courts, a move blocked by political opposition favoring military tribunals.
The cases against KSM and his co-conspirators have been fraught with delays including judge resignations, legal disputes and procedural challenges.
President Joe Biden previously blocked a plea deal in 2023 that included guarantees against solitary confinement.
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