U.S. Air Force Col. Matthew McCall has determined that Defense Secretary Lloyd Austin did not have clear authority to revoke plea agreements with three 9/11 defendants. A military judge has reinstated the plea deals for Khalid Shaikh Mohammad, Walid Muhammad Salih Mubarak Bin ‘Attash, and Mustafa Ahmed Adam al Hawsawi, who are accused of the September 11, 2001 terrorist attacks. These agreements, approved by the convening authority for military commissions, would spare the defendants from the death penalty in exchange for guilty pleas.
Despite Austin’s intervention to withdraw the plea agreements, Col. McCall ruled on November 6 that Austin lacked the authority to do so according to his August 2 memorandum. McCall emphasized that the withdrawal authority belongs solely to the convening authority and that the defendants had already started fulfilling the terms of the agreement before Austin intervened. It remains uncertain whether the U.S. government will appeal McCall’s decision.
The 9/11 prosecutions have faced numerous delays and legal challenges over the years, with families of victims and others advocating for the cases to proceed to trial with the possibility of the death penalty. If the cases progress to trial and sentencing, appeals are likely to be heard by the U.S. Court of Appeals for the District of Columbia Circuit. These appeals could address issues such as the destruction of interrogation footage by the CIA, the impact of torture claims on the admissibility of evidence, and the extent of Austin’s involvement in the prosecution.
The Epoch Times reached out to Austin’s office for comment but received no response at the time of publication. The article also acknowledges the contribution of The Associated Press to the information provided. Please rewrite this sentence so it is more clear and concise.
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