Accused 9/11 mastermind Khalid Sheikh Mohammed's plea deal contested

Lawyers for Khalid Sheikh Mohammed, the alleged architect of the September 11, 2001, attacks, are urging a federal appeals court to allow his guilty plea to proceed.

The plea agreement, set to be entered Friday at Guantanamo Bay, would spare Mohammed and two co-defendants from the death penalty in exchange for life sentences. The Biden administration has opposed the deal, raising questions about the U.S. government's handling of justice for one of the deadliest attacks in American history.

Newsweek has contacted the U.S. Department of Justice for comment.

Why It Matters

The case against Mohammed, who is accused of planning the 9/11 attacks that killed nearly 3,000 people, has been mired in legal and logistical challenges since his capture in 2003. After years of negotiations, military prosecutors and senior Pentagon officials agreed on a plea deal this summer. It was pitched as "the best path to finality and justice" and included provisions requiring Mohammed and his co-defendants to answer lingering questions for victims' families.

What to Know

Mohammed and his co-defendants––Walid bin Attash and Mustafa al-Hawsawi––are accused of orchestrating the hijacking of four commercial planes, which resulted in the destruction of the World Trade Center, the attack on the Pentagon, and a crash in a Pennsylvania field. The plea deal would have the three men admit guilt to 2,976 counts of murder.

However, Defense Secretary Lloyd Austin abruptly nullified the deal in August, citing concerns that decisions of such gravity––particularly involving death penalties––should rest solely with the defense secretary. The Biden administration's Justice Department has since sought to block the plea, arguing that accepting it would preclude a public trial and deny the government the opportunity to seek capital punishment.

The Justice Department argued in a brief earlier this week that accepting guilty pleas from Mohammed and his two co-defendants would cause "irreparable harm" to the government by eliminating the opportunity for a public trial. The federal appeals court is expected to rule on the matter before Mohammed's scheduled plea Friday. Family members of 9/11 victims have traveled to Guantanamo to observe the proceedings.

Guantanamo Bay continues to draw criticism for its $540 million annual operating cost and the prolonged detention of individuals without trial. The facility currently holds 15 detainees.

What People Are Saying

"An 11th-hour stay will accomplish nothing but more delay and it will reward the government for its––at best––negligent handling" of the 9/11 prosecutions," Mohammed's lawyers argued in a filing to a District of Columbia federal appeals panel just before midnight.

The case directly affects thousands of people still grieving the loss of loved ones. For many, closure is tied to seeing justice served, whether through a public trial or a plea agreement.

"I honestly felt that there was progress being made. Whether you agree with a plea deal or not, it wasn't like we were in limbo and no light at the end of the tunnel," said Ken Fairben, who lost his son Keith in the attacks.

Others view the deal as a betrayal. Brett Eagleson, who lost his father, John Bruce Eagleson, at the World Trade Center, criticized the government's handling of the case. "It's a sad day for America. It's a sad day for justice," he said. As president of a victims' and survivors' advocacy group called 9/11, he feels let down by a "long and epic trail of failure" by the U.S. government.

Elizabeth Miller, who was 6 years old when her firefighter father was killed on 9/11, supports the deal and opposes the death penalty. "Having KSM say that he's guilty on record is important for me. And I think it's important for the American people," she said.

But retired firefighter Robert Reeg sees the plea as a concession. "These enemies think we're weak and irresolute, and this kind of proves it," he said.

What's Next

Mohammed's plea is scheduled for Friday unless the appeals court intervenes. His co-defendants are expected to follow with similar agreements later. The outcome could set a precedent for how high-profile terrorism cases are resolved in the future.

This article includes reporting from The Associated Press