NEW YORK, USA – In a significant breakthrough in the long-standing legal saga following the September 11, 2001, terrorist attacks, the U.S. Department of Defense announced on Wednesday that three key defendants, including the alleged mastermind Khalid Sheikh Mohammed, have agreed to plea deals that will spare them the death penalty.
This resolution marks a dramatic turn in the cases of prisoners held at the Guantánamo Bay military facility.
Khalid Sheikh Mohammed, along with co-defendants Walid bin Attash and Mustafa al-Hawsawi, will plead guilty to all charges related to the 9/11 attacks, which resulted in the deaths of 2,976 individuals.
This decision was conveyed to the families of the victims through a letter from Rear Adm. Aaron Rugh, the chief prosecutor in the cases.
“In exchange for the removal of the death penalty as a possible punishment, these three accused have agreed to plead guilty to all of the charged offenses,” Rugh stated in the letter.
The guilty pleas include charges of murder and terrorism.
Long Road to Justice
These plea agreements could bring closure to some of the most critical cases stemming from the 9/11 attacks.
The legal process has been marred by repeated delays, controversies, and criticisms from human rights organisations and legal experts who have decried the military commissions’ lack of transparency and conflicts of interest.
A 2015 law enacted by Congress has further complicated the proceedings by restricting the transfer of Guantánamo detainees to the continental United States for trial.
Lawmakers cited security concerns as the reason for this restriction, despite the Justice Department successfully prosecuting other terrorism suspects in federal courts.
Additionally, the use of torture during interrogations has cast a shadow over these cases. Reports from the U.S. Senate have detailed the brutal methods employed, including waterboarding, which were intended to extract information from detainees such as Mohammed.
Torture’s Impact on Legal Proceedings
John G. Baker, a Marine Corps general who served as defense counsel for the Military Commissions Defense Organization, highlighted the fundamental issues arising from the use of torture.
“At the heart of the commissions’ problems is their original sin, torture,” Baker testified before the Senate Judiciary Committee in 2021. “The United States chose to secretly detain and torture the men it now seeks to punish.”
The announcement on Wednesday, July 31, 2024, is viewed as a pivotal moment in the pursuit of justice for the 9/11 attacks.
The three defendants are expected to formally enter their guilty pleas during hearings scheduled for the coming weeks or in the September and October sessions, as outlined in Rugh’s letter.
Path to Judicial Finality
The plea negotiations, which have been ongoing for over two years, include provisions for the defendants to respond to questions from the victims’ families regarding their roles and motivations behind the attacks.
Sentencing hearings, where family members may testify, are anticipated to begin no earlier than the summer of 2025.
Anthony Romero, executive director of the American Civil Liberties Union, which represents Mohammed, described the plea deal as “the right call” and “the only practical solution after nearly two decades of litigation.”
Reactions from Families and Officials
For many families of the victims, the announcement brings a mix of emotions. Terry Kay Rockefeller, a member of September 11th Families for Peaceful Tomorrows, has been advocating for plea agreements as a means to achieve judicial closure.
Rockefeller’s sister, Laura, was killed in the World Trade Center’s North Tower.
“I would have liked a trial of men who hadn’t been tortured, but we got handed a really poor opportunity for justice, and this is a way to verdicts and finality,” Rockefeller stated. “That’s what I consider this.”
James G. Connell III, attorney for Ali Abdul Aziz Ali, another 9/11 defendant at Guantánamo not covered by the deal, emphasised the importance of the agreements.
“Wednesday’s agreements are a critical step toward judicial finality,” Connell said.
The plea deals represent a turning point in the long and contentious journey to prosecute those responsible for the deadliest terrorist attack on U.S. soil.
As the defendants prepare to enter their guilty pleas, the path to finality and justice, though fraught with challenges, is now in sight.
