US Air Force colonel Matthew McCall, a military judge, ruled on Wednesday that the plea agreements made by Khalid Sheikh Mohammed, the alleged mastermind of the September 11 attacks, and two co-defendants, Walid bin Attash and Mustafa al-Hawsawi, are valid. The agreements, negotiated to allow the defendants to plead guilty in exchange for avoiding the death penalty, were overturned by defence secretary Lloyd Austin earlier this year.
The decision paves the way for the three men to enter guilty pleas soon, marking a significant step toward concluding the long-running prosecution of the 9/11 attacks.
The plea deals, initially approved by government prosecutors and military commission officials, faced backlash upon becoming public, leading Austin to nullify them. He argued that such plea bargains, especially in cases involving the death penalty, fell under his jurisdiction. However, the judge disagreed, stating that Austin lacked the legal authority to overturn the agreements.
McCall also criticised Austin’s timing, noting that the plea agreements had already been approved by the relevant authorities at Guantanamo. The judge argued that adhering to Austin’s order would give defence secretaries “absolute veto power” over any decision, undermining the independence of the military judge overseeing the trials.
The Pentagon is reviewing the judge’s decision and has not yet issued further comments.