Secretary of State Lloyd Austin’s Surprising Decision void the plea agreement In three 9/11 terrorist attacks Defendants, including those believed to be the architects of the attack Khalid Sheikh MohammedIt may also cause confusion in the military psychology currently underway.
The defense attorneys argue that: Argument Transaction — which would have removed the death penalty threat for the three men — remains in effect, and prosecutors are suggesting that pretrial hearings may need to be frozen until the legality of Austin’s orders becomes clear. Defense attorneys are questioning whether Austin exercised undue or illegal command influence.
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On Friday, Austin signed a memorandum granting himself the authority to convene the military committees. pre-trial agreement In connection with the defendant and the 9/11 military commissions case, he withdrew from the agreement reached in the case. His memo was given to retired brigadier general Susan Escalier, who oversaw the deal. Austin said he was withdrawing her authority in the case and reserving “that authority to me alone.”
A senior Pentagon official told reporters in a background briefing Wednesday that the Pentagon believes Austin acted legally because he is the senior convener under the Military Commissions Act. According to the official, Austin knew he had to be very careful to avoid any suggestion or insinuation that he was improperly influencing the case.
The secretary traditionally delegates convening authority to other officials. Military committees can be convened by the secretary or an official designated by the secretary for that purpose, a Defense Department official said.
According to a senior Defense Department official, the news of the plea agreement came as a surprise to the Defense Department, including the secretary, who has long believed that the victims’ families and the American people deserve to see the defendants tried by military commission. The official said the Defense Department learned of the agreement just before the convening authority’s press release was issued last Wednesday.
At this point, the Guantanamo parties will continue their pretrial proceedings before a military judge. Escalier, the convening authority, retains all functions and authority in the case except for the authority to enter pretrial agreements, officials said. The death penalty has been restored as the maximum penalty for the three defendants, as well as two other co-defendants who may attempt to negotiate a plea deal.
Charlie D’Agata
