Federal Judge Postpones 9/11 Plea Agreements That Could Have Convicted Terror Architect
Khalid Sheikh Mohammed and two al-Qaeda affiliates were poised to admit guilt for the 9/11 attacks, but a D.C. court has halted these proceedings, leaving the future of the case to the incoming Trump Administration.
A federal judge has temporarily suspended a plea bargain that would permit the mastermind of the 9/11 attacks to evade the death penalty, a decision that denies closure to families that have sought justice for more than twenty years.
Khalid Sheikh Mohammed and two senior al-Qaeda associates were prepared to confess to orchestrating the tragic attacks in exchange for life imprisonment. This agreement was intended to conclude over two decades of legal disputes surrounding one of America’s most notorious court cases.
Families of those who perished in the attacks, along with journalists and other observers, traveled on a special flight from Joint Base Andrews in Maryland, eager to witness the trio take responsibility in a military tribunal at Guantanamo Bay, Cuba, where they have been detained for years.
However, on Thursday, the D.C. Circuit Court of Appeals issued a temporary halt to the case. This pause allows the court ample time to examine the situation before deciding if the plea agreements can move forward. The duration of this review remains uncertain. This development occurred just a day after attorneys representing Mohammed—often referred to as KSM—along with associates Mustafa al Hawsawi and Walid Bin Attash, informed a judge that their clients were ready to enter guilty pleas.
“It was truly extraordinary to witness his willingness to take this step,” said Elizabeth Miller, reflecting on Mohammed’s commitment to plead guilty. Miller lost her father, firefighter Douglas Miller, in the 9/11 attacks. “It’s just unfortunate that it’s not legally enforceable, and with this stay, everything is back on hold.” Family members will depart with the uncertainty still looming over the case.
This recent court stay is not the first holdup in this ongoing saga. The plea agreements have faced intense scrutiny since they were initially proposed in late July. Defense Secretary Lloyd Austin quickly sought to eliminate the agreements. A judge had previously allowed the plea deals to move forward in November.
Numerous families of 9/11 victims and political figures have strongly opposed the plea deals, arguing that the individuals involved should face capital punishment.
“It is outrageous to take the death penalty off the table,” stated Terry Strada, whose husband Tom died on the 104th floor of the North Tower during the attacks. “They murdered nearly 3,000 Americans here at home.”
Attorneys for the al-Qaeda figures did not immediately respond to requests for comments.
In court documents concerning the stay, they criticized the delay.
“The government’s request for last-minute intervention is deeply unjust,” the lawyers stated. “The victims, the defendants, and American society deserve resolution after nearly 25 years. They deserve their overdue day in court.”
Awaiting Justice
The sentiment of overdue justice is shared by families of 9/11 victims, as many see the plea deals as the only feasible path forward. Due to the torture endured by the men at the hands of CIA personnel, some of the evidence against them cannot be presented in court.
Miller was one of approximately ten relatives of 9/11 victims who boarded the special charter flight to Cuba to witness the proceedings. She and others were hopeful they could pose questions to Mohammed and the others regarding the attacks as part of their guilty pleas.
“I thought I would hear the man who devised the plan to take my father’s life, the man responsible for orchestrating the deaths of so many, confess his guilt,” she recounted to YSL News. “I was eager to hear him admit it directly.”
It is anticipated that the court will not make any further decisions regarding this case until at least next month, according to Ron Flesvig, a spokesperson for the Office of Military Commissions. The case will be left to the incoming administration led by President-elect Donald Trump.
“This could further complicate matters, which is disappointing,” Miller observed. “It’s frustrating and heartbreaking, almost to the point of absurdity; without a bit of laughter about the dysfunction, we’d only have tears.”
What actions were taken by KSM and his associates?
Mohammed’s attacks on the Twin Towers, the Pentagon, and an attempted strike on the Capitol were significant milestones in a lengthy career as a terrorist.
The book “The Hunt for KSM,” authored by journalists Terry McDermott and Josh Meyer, details an extensive list of activities involving the Kuwait-born terrorist, in which he had direct involvement or facilitated through financing. He was known to have directed the plot of Richard Reid, the Shoe Bomber; there are indications he was involved in the devastating 2004 bombings in Madrid that claimed 191 lives; he assisted in financing the 2002 bombings in Bali that resulted in 202 deaths; he orchestrated the bombing of a synagogue in Tunisia in 2002, which killed 19; and he infamously executed American journalist Daniel Pearl through decapitation.
Hawsawi, a Saudi national, was involved in laundering money for the hijackers, with connections to the United Arab Emirates, as noted in McDermott and Meyer’s book. He was apprehended alongside Mohammed in Rawalpindi, Pakistan, in 2003.
Bin Attash aimed to be among the hijackers but was unable to obtain a visa to the U.S. as he was from Yemen. According to McDermott and Meyer, several Yemeni al-Qaeda members had similar visa rejections due to suspicions they might be potential economic migrants.
Time has passed since then at Guantanamo. Miller described the subdued demeanor of the individuals in court this week, specifically noting that Hawsawi requires a special chair as a result of torture inflicted by the CIA, which caused a prolapsed anus.
“You would expect them to appear monstrous,” she remarked, “yet they look like ordinary men, men who have been incarcerated for many years.”