A federal appeals court ruled Friday that the Secretary of Defense can scrap plea agreements shielding three Sept. 11 terrorists from the death penalty, clearing the way for capital punishment.
The U.S. Court of Appeals for the D.C. Circuit ruled the “sweetheart” deals for Khalid Sheikh Mohammed, Walid Bin Attash, and Mustafa al-Hawsawi — who agreed to plead guilty to war crimes to avoid execution — can be rescinded at the Pentagon’s discretion. The plea agreements were struck in July 2024 during the Biden administration, but then-Defense Secretary Lloyd Austin moved to void them days later. A judge initially ruled in December that Austin acted too late to withdraw the deals. (RELATED: 9/11 Widow Slams Biden Admin’s ‘Outrageous’ Attempted Plea Deals For Gitmo Terrorists)
Judges Patricia Millett and Neomi Rao, who wrote the majority opinion, called it a “rare case” that justified reversing the lower court.
“The government has demonstrated a clear and indisputable right to relief in this case,” they wrote. “The Secretary of Defense had full legal authority to withdraw the Convening Authority’s delegated power over the pretrial agreements. Similarly … no prior performance of promises contained in those agreements prevented the Secretary’s withdrawal.”
In his dissent, Judge Robert Wilkins argued it was not “clear and indisputable” that the lower court erred in blocking Austin’s attempt to scrap the agreements.
U.S. Rep. Mike Lawler (R-NY) speaks to reporters as he arrives for a House Republican caucus meeting at the U.S. (Photo by Kevin Dietsch/Getty Images)
The ruling sparks backlash from critics who argued nothing short of the death penalty would deliver justice. Republican New York Rep. Mike Lawler blasted the original agreements as a “shameful plea deal” and introduced the Justice for 9/11 Act to bar such arrangements in the future. Lawler’s bill was read twice and referred to the House Armed Services Committee, where it remains stalled.
Judges Millett and Wilkins were both appointed by former President Barack Obama, while Rao joined the bench in 2019 after being nominated by President Donald Trump. (RELATED: ‘Agonizing’: 9/11 Family Members Slam New Ruling Clearing Way For Gitmo Terrorists To Dodge Execution)
