Defense secretary overrides plea agreement for accused 9/11 mastermind and two other defendants

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WASHINGTON (AP) — Defense Secretary Lloyd Austin on Friday overrode a plea agreement reached earlier this week for the accused mastermind of the Sept. 11, 2001, terrorist attacks and two other defendants, reinstating them as death-penalty cases.

The move comes two days after the military commission at Guantanamo Bay, Cuba, announced that the official appointed to oversee the war court, retired Brig. Gen. Susan Escallier, had approved plea deals with Khalid Sheikh Mohammed and two accused accomplices, Walid bin Attash and Mustafa al-Hawsawi, in the attacks.

Letters sent to families of the nearly 3,000 people killed in the al-Qaida attacks said the plea agreement stipulated the three would serve life sentences at most.

Austin wrote in an order released Friday night that “in light of the significance of the decision,” he had decided that the authority to make a decision on accepting the plea agreements was his. He nullified Escallier’s approval.

Some families of the attack’s victims condemned the deal for cutting off any possibility of full trials and possible death penalties. Republicans were quick to fault the Biden administration for the deal, although the White House said after it was announced it had no knowledge of it.

Republican Sen. Tom Cotton of Arkansas, a member of the Armed Services Committee, earlier Friday had condemned the plea deal on social media as “disgraceful." Cotton said he had introduced legislation that would mandate the 9/11 defendants face trial and the possibility of the death penalty.

Mohammed, whom the U.S. describes as the main plotter of the attack in which terrorists crashed hijacked passenger planes into the World Trade Center, the Pentagon and a Pennsylvania field, and the other two defendants had been expected to formally enter their pleas under the deal as soon as next week.