Federal Appeals Court Decision on 9/11 Terrorism Plea Agreement

A federal appeals court announced on Friday that the Secretary of Defense has the authority to terminate a plea agreement intended to shield terrorists involved in the September 11 attacks from the death penalty.

The U.S. Court of Appeals for the D.C. Circuit ruled that individuals including Khalid Sheikh Mohammed, Walid bin Attash, and Mustafa al-Hausawi, who had agreed to plead guilty to war crimes to avoid prosecution, could see their deals revoked at the Pentagon’s discretion. This plea agreement faced scrutiny during the Biden administration in July 2024, but then-Defense Secretary Lloyd Austin invalidated it shortly afterward. Initially, a judge concluded in December that Austin had acted too late to withdraw the deal.

Judges Patricia Millett and Neomi Rao characterized this situation as a “rare case” that warranted overturning the lower court’s ruling.

“The government has made a clear and indisputable case for remedy,” they stated. “The Secretary of Defense possessed the full legal authority to retract the powers assigned regarding the pretrial agreement. The prior performance under these agreements did not hinder the Secretary’s ability to withdraw.”

In a dissenting opinion, Judge Robert Wilkins argued that it was evident the lower courts erred by obstructing the efforts to nullify Austin’s agreement.

This ruling has met criticism from various quarters, with opponents claiming it is merely an endorsement of the death penalty. Republican New York Representative Mike Lawler condemned the initial deal as a “shameful plea agreement” and introduced legislation to prevent similar arrangements in the future. Lawler’s bill has been read twice and is currently with the House Armed Services Committee.

Judges Millett and Wilkins were both nominated by former President Barack Obama, while Rao was appointed by President Donald Trump in 2019.