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Guantanamo Bay Plea Deals Remain: Defense Secretary Austin Overruled

 January 1, 2025

In a significant legal milestone, a military appeals court has ruled that Defense Secretary Lloyd Austin crossed his legal line by attempting to retract plea deals for Guantanamo Bay detainees, including the key figure of the 9/11 attack, Khalid Sheikh Mohammad.

With this decision, the court affirms the validity and enforceability of the previously arranged plea agreements, which had essentially eliminated the death penalty as a potential punishment, Fox News reported.

Detailed Court Ruling and Next Steps

On Tuesday, the court rendered the verdict but has not yet released its official written opinion. This ruling confirms the legal validity and enforceability of plea deals carefully negotiated by military prosecutors and defense attorneys.

The Pentagon retains the opportunity to request an emergency review from the D.C. Circuit federal appeals court, although it had not exercised this option as of late Tuesday afternoon.

Meanwhile, officials at Guantanamo Bay plan to hold a hearing next week to address possible guilty pleas from Khalid Sheikh Mohammad and two other defendants.

Initial Plea Deals and Subsequent Revocations

The plea agreements were initially formulated and approved during the summer negotiations by the top official of the Gitmo military commission. The Pentagon, however, rescinded these deals according to an agreement signed on July 31, 2024.

These deals have drawn sharp criticism from victims of 9/11 and a number of U.S. politicians. Vice President-elect JD Vance has stated, "Joe Biden and Kamala Harris have weaponized the Department of Justice to go after their political opponents, but they’re cutting a sweetheart deal with 9/11 terrorists."

In July, a letter from Defense Secretary Austin rescinded the deals stating, "Effective immediately, in the exercise of my authority, I hereby withdraw from the three pretrial agreements that you signed on July 31, 2024."

Court Ruling Reinstates Plea Deals

The latest ruling by the military appeals court has now reinstated these plea deals back into the legal framework, marking Austin's attempts to nullify them as a misuse of his authority.

This ruling emphasizes the necessity to respect due process, irrespective of the controversy surrounding a case. While the plea deals have evoked criticism, they were formulated following established legal procedures within the U.S. military's justice system.

The details of how the Pentagon and Austin will respond, including the possibility of an emergency review, will unfold in the coming weeks.