9/11 Mastermind’s Deal Overturned, Will Victims’ Families Ever See Justice?

A federal appeals court in Washington, D.C. has overturned a plea agreement for Khalid Sheikh Mohammed, the alleged mastermind of the September 11, 2001 attacks. This decision, reached by a divided panel, effectively nullifies a deal that would have allowed Mohammed to plead guilty in exchange for a life sentence without parole, thus avoiding the possibility of execution.

The agreement, negotiated over two years and approved by military prosecutors and Pentagon officials, included life sentences for Mohammed and two co-defendants. It also required them to answer questions from victims’ families about the attacks. However, then-Defense Secretary Lloyd Austin rejected the deal, asserting that such a consequential decision regarding the death penalty should be made solely by the defense secretary.

This ruling prolongs the already extended military prosecution of Mohammed, which has faced numerous legal and logistical challenges over the past two decades. It underscores the ongoing struggle of the U.S. military and successive administrations to bring to justice those accused of orchestrating one of the deadliest attacks on American soil.

The appeals court ruled 2-1 that Secretary Austin acted within his authority. Judges Patricia Millett and Neomi Rao, appointed by Presidents Obama and Trump, respectively, wrote in the majority opinion: “The Secretary acted within the bounds of his legal authority, and we decline to second-guess his judgment.” In contrast, Judge Robert Wilkins, an Obama appointee, dissented, stating that the government had not adequately proven that the military judge erred in initially upholding the plea deal.

This development follows earlier reports that the plea agreement had been approved at various levels of the military justice system. Defense attorneys argued that the deal was already legally binding when Secretary Austin intervened. However, the appeals court’s decision has now invalidated those earlier rulings.

The reversal raises important questions about the future of the case and the broader implications for military commissions dealing with high-profile terrorism cases. As it stands, the prosecution of Khalid Sheikh Mohammed and his co-defendants remains unresolved, with the possibility of a death penalty trial still on the table.