Defense Secretary Lloyd J. Austin on Friday revoked the shocking plea agreements that would have allowed the alleged 9/11 terrorist attacks mastermind and two supposed accomplices to avoid the death penalty. The deal, which was proposed just two days ago on Wednesday, sparked widespread outrage.
Austin said that Khalid Shaikh Mohammed and two accomplices are no longer eligible for life imprisonment without the possibility of the death penalty in exchange for a guilty plea. Austin also removed the official who was responsible for the plea agreement from her position. Retired Brigadier General Susan K. Escallier will no longer oversee the case, as Austin will now take over the responsibility himself.
Big U-Turn
"I have determined that, in light of the significance of the decision to enter into pre-trial agreements with the accused in the above-referenced case, responsibility for such a decision should rest with me as the superior convening authority under the Military Commissions Act of 2009," Austin wrote.
"Effective immediately, I hereby withdraw your authority in the above-referenced case to enter into a pre-trial agreement and reserve such authority to myself," he continued.
"Effective immediately, in the exercise of my authority, I hereby withdraw from the three pre-trial agreements that you signed on July 31, 2024 in the above-referenced case."
The New York Times first reported the development on Friday evening.
This surprising reversal means that Mohammed and his accomplices, Walid Bin Attash and Mustafa al-Hawasawi, could again be subject to the death penalty.
On Wednesday, the Office of Military Commissions (OMC), which is handling the prosecution, confirmed it had made pre-trial agreements with Khalid Sheikh Mohammed, the alleged main architect of the al Qaeda attacks, and two purported co-conspirators, Walid Muhammad Salih Mubarak Bin Attash and Mustafa Ahmed Adam al Hawsawi. All three have been detained at the US military prison in Cuba since 2003.
All Set But Now Changed
The hearings for the guilty pleas to charges such as murder and conspiracy were set to begin as early as next week, with sentencing hearings anticipated for next summer, according to a letter obtained by The Post.
The OMC letter revealed that the terror suspects also agreed to answer any questions from the victims' family members about their roles and motivations for carrying out the September 11 attacks.
Family members were informed that they could submit questions, which would be relayed to the men through their defense attorneys and answered within 90 days.
Family members of the September 11 terror attack victims, who were outraged upon learning that the plea agreements would eliminate the death penalty, praised the sudden reversal.
"Oh, that's good news. Because the majority thought that was a cop-out on somebody's part to give them a life sentence instead of the death sentence," said retired FDNY Deputy Chief Al Santora, who battled 9/11-related illness and lost his firefighter son Christopher in the attacks.
Sally Regenhard, whose son Christian, an FDNY firefighter, died in the attacks, commended Austin for what she described as a "just and honorable decision."
"This move by Mr. Austin serves to restore our faith in the justice system of this country which my son served for five years in the US Marine Corps before serving the people of New York City as a member of the FDNY."
