U.S. Appeals Court Denies Khalid Sheikh Mohammed Plea Deal to Avoid Death Penalty

Kokcha News Agency reports that the U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 on Friday to block Khalid Sheikh Mohammed and two other detainees from entering guilty pleas that could have resulted in avoiding the death penalty. The decision effectively upholds a previous ruling that reinstates the military prosecution process after years of legal gridlock spanning nearly 20 years.

The plea agreements had been offered last year and accepted by the Pentagon’s war court overseer, but were revoked in August by then-Defense Secretary Lloyd Austin following criticism from Republican lawmakers. A military judge originally ruled that Austin lacked the authority to rescind the deals, which was upheld by the U.S. Court of Military Commission Review in December, leading to the scheduled plea hearings now blocked by the appeals court.

The Biden administration, at the request of the government, asked the court to pause these proceedings to allow a legal challenge. The majority opinion, authored by Judges Patricia Millett and Neomi Rao—appointed by Democrats and Republicans respectively—affirmed that “Austin indisputably had legal authority to withdraw from the agreements.” They stated that “the secretary acted within the bounds of his legal authority” and declined to second-guess his judgment.

Judge Robert Wilkins, an Obama appointee, dissented sharply, calling the ruling “stunning,” arguing that military courts should interpret military rules without interference.

Mohammed’s legal team has not commented on the ruling. One of his lawyers noted they are considering further appeals, including possibly to the Supreme Court.

Khalid Sheikh Mohammed is arguably the most prominent inmate at Guantanamo Bay, where the U.S. has held suspected terrorism suspects since 2002. He is accused of orchestrating the September 11 attacks that killed nearly 3,000 people, making his case one of the most significant and contentious in the ongoing fight over the detention facility and justice for 9/11.