Court ruling paves way for potential death penalty for 9/11 attackers

 July 12, 2025

In a pivotal decision, a federal appeals court recently determined that the Pentagon possesses the authority to overturn plea deals protecting three 9/11 terrorists from facing the death penalty, as the Daily Caller reports.

The appeals court's ruling could pave the way for Khalid Sheikh Mohammed, Walid Bin Attash, and Mustafa al-Hawsawi to face potential capital punishment.

This decision came after a lower court had previously stopped then-Defense Secretary Lloyd Austin's action to nullify these agreements. The plea agreements, originating from July 2024, were initially settled under the Biden administration to excise the death penalty as a possible punishment.

Background on plea agreements, reversal

Austin's efforts to terminate these deals were initially blocked by a lower court ruling in December. That court believed that the attempt to revoke the agreements was untimely and beyond the Secretary of Defense's authority.

The U.S. Court of Appeals for the D.C. Circuit, however, saw things differently. In their decision, they clarified that the Secretary had full control to retract any delegated authority tied to the agreements. Judges Patricia Millett and Neomi Rao emphasized the rare nature of this case in overturning the prior ruling.

Judge Robert Wilkins stood in dissent. Arguing against the majority decision, he stated that it was not apparent that the previous court's decision contained errors.

Controversy surrounds ruling

The appeals court's decision has ignited discussions and controversies, especially among those families and advocates demanding capital punishment as a form of justice for the horrific events of Sept. 11, 2001.

Many critics view rescinding these plea deals as the first step toward achieving that outcome.

Among those voicing discontent with the original agreements is Republican New York Rep. Mike Lawler. He referred to the original plea arrangements as "shameful," expressing strong opposition to such legal compromises.

In response, Rep. Lawler introduced the Justice for 9/11 Act. This legislation is designed to block any similar plea deals in the future, seeking to ensure the harshest consequences for crimes of this nature.

Potential legislation still pending

Lawler's proposed bill has found its way to the House Armed Services Committee. However, despite its introduction, it currently sits in a stalled state without further progress or action taken to advance it.

The implications of the appeals court's decision could influence the bill's movement. Should it gain momentum, the legislative landscape regarding these kinds of plea bargains could see significant changes.

Meanwhile, the ruling from Judges Millett and Wilkins, both appointed by former President Barack Obama, and Judge Rao, appointed by President Trump, showcases a bipartisan perspective in the legal proceedings.

This interplay of appointed judges from different administrations adds another layer to the intricate legal and political dialogues surrounding the ruling.

Legal proceedings awaited

Observers anticipate increased scrutiny and debate as the possibility of capital punishment for these attackers looms larger. Families affected by the attacks and legal analysts alike remain keenly interested in the unfolding circumstances.

As the legal journey continues, the potential for significant judicial and legislative shifts in the handling of terrorism-related cases becomes increasingly apparent. Legal precedents set in these instances may have lasting effects on similar cases in the future.

For now, the focus remains on the broader implications of the rescinded deals and the repercussions this decision holds for the U.S. justice approach to terrorism.

Stakeholders from all sectors remain engaged, weighing in on the potential next steps in this high-profile legal proceeding.

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