US military judge reinstates 9/11 mastermind plea agreements

A U.S. military judge has reinstated plea agreements for Khalid Sheikh Mohammed, the alleged architect of the Sept. 11 attacks, and two co-defendants, according to an official source.

The decision comes three months after U.S. Defense Secretary Lloyd Austin had nullified the agreements.

Validity of plea deals confirmed

An unnamed U.S. official confirmed the judge’s ruling, stating, “I can confirm that the military judge has ruled that the pretrial agreements for the three accused are valid and enforceable,” the U.S. official told Agence France-Presse (AFP).

The decision upholds the initial plea arrangements made with Mohammed and two other defendants involved in the high-profile case.

Plea agreements ruled ‘valid and enforceable’

The judge’s ruling, which an anonymous defense official confirmed, states that the pretrial agreements for the three accused are “valid and enforceable.”

The decision potentially paves the way for the accused to avoid capital punishment, a result of years of negotiations concluded in July but overturned by Austin shortly after. According to the official, Austin’s revocation was deemed untimely by the judge.

In August, Defense Secretary Austin revoked the plea agreements, claiming the gravity of the cases warranted his oversight as the primary authority in military commissions.

Austin’s decision received mixed responses, with groups representing some 9/11 victims criticizing the withdrawal of the death penalty option.

During pretrial hearings, defense attorneys argued that the revocation violated military commission regulations, stating that the defendants had already begun fulfilling the terms of the agreements.

Defense perspective, case developments

Khalid Sheikh Mohammed and his co-defendants have been in U.S. custody since the early 2000s, with their cases stalled in a military commission system that has faced numerous legal and procedural challenges.

Pentagon spokesman Maj. Gen. Pat Ryder noted that Austin viewed the pretrial agreements as highly consequential and reserved authority for their approval. Following Wednesday’s ruling, Ryder said the Department of Defense is “reviewing the decision” but declined to provide further comment at this time.

What’s Plea bargaining?

When the Government has a strong case, the Government may offer the defendant a plea deal to avoid trial and perhaps reduce his exposure to a more lengthy sentence.

A defendant may only plead guilty if they committed the crime and admit to doing so in open court before the judge. When the defendant admits to the crime, they agree they are guilty, and they agree that they may be “sentenced” by the judge presiding over the court – the only person authorized to impose a sentence.

Sometimes the Government will agree, as part of a plea agreement, not to recommend an enhanced sentence (such as additional time in prison for certain reasons) but it is left up to the judge to determine how the defendant will be punished.

If a defendant pleads guilty, there is no trial, but the next step is to prepare for a sentencing hearing.