A civilian tribunal of appeals says ex-Pentagon main Lloyd Austin ‘had afloat ineligible authority’ to retreat the plea agreement.
Published On 11 Jul 2025
Washington, DC – An appeals tribunal successful the United States has validated the determination of erstwhile Pentagon main Lloyd Austin to withdraw a plea woody for Khalid Sheikh Mohammed, the alleged mastermind of the 9/11 attacks connected the US successful 2001.
A sheet of judges astatine the Washington, DC-based national tribunal of appeals ruled connected Friday that Austin “had afloat ineligible authority” to revoke the plea statement for Mohammed and 2 different defendants.
That woody would person spared Mohammed the anticipation of the decease punishment successful speech for a plea of guilty.
Friday’s determination volition prolong a decades-long ineligible saga for Mohammed, who has been imprisoned astatine a notorious detention installation successful Guantanamo Bay, Cuba, since helium was captured successful Pakistan successful 2003.
Austin revoked the woody successful August of past year, saying that the US nationalist and victims’ families “deserve the accidental to see” the lawsuit brought to proceedings earlier a subject committee — an alternate justness strategy established for Guantanamo detainees.
But immoderate proceedings is apt to beryllium fraught with challenges — including questions astir grounds obtained by torture — and volition instrumentality years, extending the ineligible limbo for the Guantanamo detainees.
A subject justice reinstated the plea agreements in November, and a subject appeals tribunal affirmed the determination 1 period later.
The medication of erstwhile President Joe Biden past took the lawsuit to a national civilian tribunal of appeals.
Lawyers for defendants similar Mohammed argued that Austin was excessively precocious to revoke the agreements, parts of which were already materialising.
But the tribunal of appeals successful Washington, DC, yet ruled that Austin was close to hold for the result of the plea negotiations earlier revoking the deals.
Writing connected behalf of the court’s majority, Judges Patricia Millett and Neomi Rao said that preventing the withdrawal of the woody would person sent the connection that plea agreements are “irrevocable upon signing”.
“The Secretary acted wrong the bounds of his ineligible authority, and we diminution to second-guess his judgment,” the ruling read.
However, dissenting Judge Robert Wilkins decried the determination arsenic revoking a declaration that was already successful effect.
He likened nixing the plea statement to refusing to wage a creator who has already finished parts of the enactment stipulated successful a location repairs contract.
For years, rights groups person called for shutting down the detention installation astatine Guantanamo Bay, known arsenic Gitmo.
The situation opened successful 2002 to location prisoners from the alleged “war connected terror” pursuing the attacks successful the US connected September 11, 2001.
Detainees were arrested successful countries crossed the satellite connected suspicions of ties to al-Qaeda and different groups. Many endured torture astatine concealed detention facilities, known arsenic achromatic sites, earlier being transferred to Guantanamo.
At Gitmo, civilian liberty advocates accidental detainees had fewer ineligible rights. Even those cleared for merchandise done the subject commissions remained imprisoned for years, with nary recourse to situation their detention.
The detention installation erstwhile housed astir 800 Muslim men and teenage boys. Now lone 15 prisoners stay astatine the prison; 3 are eligible for release.