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U.S. Secretary of Defence Lloyd Austin makes a speech at Diplomatic Academy of Ukraine in Kyiv, Ukraine, Monday, Oct. 21, 2024. Photograph by Efrem Lukatsky /THE ASSOCIATED PRESS
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WASHINGTON — The Protection Division will attraction a army decide’s ruling that plea agreements struck by Khalid Sheikh Mohammed, the alleged mastermind of the Sept. 11, 2001 assaults, and two of his co-defendants are legitimate, a defence official stated Saturday.
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The ruling this previous week voided Protection Secretary Lloyd Austin’s order to throw out the offers and concluded that the plea agreements had been legitimate. The decide granted the three motions to enter responsible pleas and stated he would schedule them for a future date to be decided by the army fee.
The division may also search a postponement of any listening to on the pleas, in response to the official, who was not approved to publicly talk about authorized issues and spoke on situation of anonymity. Rear Adm. Aaron Rugh, the chief prosecutor, despatched a letter Friday to the households of 9/11 victims informing them of the choice.
The ruling by the decide, Air Drive Col. Matthew McCall, allowed the three 9/11 defendants to enter responsible pleas within the U.S. army courtroom at Guantanamo Bay, Cuba, and would spare them the danger of the loss of life penalty. The pleas by Mohammed, Walid bin Attash and Mustafa al-Hawsawi could be a key step towards closing out the long-running and legally troubled authorities prosecution within the assaults that killed practically 3,000 individuals.
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This undated FBI file picture reveals Khalid Shaikh Mohammed as he appeared on the FBI’s Most Wished Terrorists web site. Photograph by HANDOUT / FBI / AFP /Getty Photographs
Authorities prosecutors had negotiated the offers with defence legal professionals below authorities auspices, and the highest official for the army fee at Guantanamo had accepted the agreements. However the offers had been instantly slammed by Republican lawmakers and others once they had been made public this summer time.
Inside days, Austin issued an order saying he was nullifying them. He stated plea bargains in potential loss of life penalty instances tied to one of many gravest crimes ever carried out on U.S. soil had been a momentous step that ought to solely be determined by the defence secretary.
The decide had dominated that Austin lacked the authorized authority to toss out the plea offers.
The agreements, and Austin’s try and reverse them, have made for probably the most fraught episodes in a U.S. prosecution marked by delays and authorized difficulties. That features years of ongoing pretrial hearings to find out the admissibility of statements by the defendants, given their torture in CIA custody.
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Whereas households of among the victims and others are adamant that the 9/11 prosecutions proceed till trial and potential loss of life sentences, authorized specialists say it isn’t clear that might ever occur. If the 9/11 instances ever clear the hurdles of trial, verdicts and sentencings, the U.S. Court docket of Appeals for the District of Columbia Circuit would possible hear lots of the points in the midst of any loss of life penalty appeals.
The problems embody the CIA destruction of movies of interrogations, whether or not Austin’s plea deal reversal constituted illegal interference and whether or not the torture of the lads tainted subsequent interrogations by “clean teams” of FBI brokers that didn’t contain violence.
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