A US military judge has reinstated plea agreements for 9/11 mastermind Khalid Sheikh Mohammed and two other defendants, an official said Thursday, three months after the deals were scrapped by Defense Secretary Lloyd Austin.
The agreements — which are understood to take the death penalty off the table — had triggered anger among some relatives of victims of the 2001 attacks, and Austin said that both they and the American public deserved to see the defendants stand trial.
“I can confirm that the military judge has ruled that the pretrial agreements for the three accused are valid and enforceable,” the US official told AFP on condition of anonymity.
The prosecution has the opportunity to appeal the decision, but it was not immediately clear if they would do so.
The plea deals with Mohammed and two alleged accomplices were announced in late July in a step that appeared to have moved their long-running cases toward resolution after years of being bogged down in pre-trial maneuverings while the defendants remained held at the Guantanamo Bay military base in Cuba.
But Austin withdrew the agreements two days after they were announced, saying the decision should rest with him given its significance.
He subsequently told journalists that “the families of the victims, our service members and the American public deserve the opportunity to see military commission trials carried out in this case.”
Much of the legal jousting surrounding the men’s cases has focused on whether they could be tried fairly after having undergone methodical torture at the hands of the CIA in the years after 9/11 — a thorny issue that the plea agreements would have avoided.
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