White House National Security Council spokesman John Kirby on Sunday declined to answer questions about the sudden withdrawal of plea deals made last week to three 9/11 terrorists.
“Is the president going to allow these terrorists to escape the harshest punishment in our justice system and then take some of the credit for that?” Fox News’ Jackie Heinrich asked Kirby in an interview on “Fox News Sunday.”
“Again, this is a decision made by a convening authority within the military chain of command, an independent convening authority,” Kirby responded.
“Didn’t he weigh himself at all?” Heinrich demanded.
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National Security Council Spokesman John Kirby made the remarks at the White House daily briefing on January 31, 2024. (Mandel Gunn/AFP via Getty Images)
“The secretary of defense has the authority to redirect that authority to convene,” Kirby continued. “I know that sounds a little complicated, but he has the authority. He did this on his own.”
“But has the President spoken out?” Heinrich asked again.
“This is a decision made by the secretary of defense,” Kirby said, to which Heinrich said he “did not hear an answer.”
The Pentagon announced last week that the military commission convening authority had reached pretrial agreements with Khalid Sheikh Mohammed, Walid Mohammed Saleh Mubarak bin Attash and Mustafa Ahmed Adam Al Hawsawi, which included vacating the death sentences of the three 9/11 plotters.
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As anger over the deal grew, the White House said Biden was not involved in it.
President Biden arrived at Joint Base Andrews in Maryland on August 15, 2023, and boarded Air Force One. (Andrew Caballero Reynolds/AFP via Getty Images)
“The White House learned yesterday that the Military Commission Convening Agency, negotiated by military prosecutors, has entered into pretrial agreements with KSM and other 9/11 defendants,” a White House National Security Council spokesperson told Fox News Digital. “The President and the White House have no involvement in this process. The President has directed his team to consult with Department of Defense officials and attorneys on this matter as appropriate.”
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Biden also rejected a proposal last year to spare three suspects from the death penalty.
After the news broke, the Pentagon abruptly backed away from the agreement on Friday, with Defense Secretary Lloyd Austin now in charge of the matter.
“I am exercising my authority to immediately revoke the three pretrial agreements you signed on July 31, 2024,” the secretary’s letter reads.
Secretary of Defense Lloyd Austin is currently in charge of the effort. (Anna Moneymaker/Getty Images)
There was no explanation as to why the issue was not resolved before the deal was closed and made public.
Heinrich asked Kirby whether Biden had asked Austin to back down from the deal with the three terrorists, to which the White House spokesman said Austin had made his “independent judgment.”
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“This was a decision made by the Secretary of Defense. It was an independent decision made by him within the scope of his authority within the chain of command of the Department of Defense,” Kirby responded.
Kirby on Sunday also addressed ongoing efforts to broker a ceasefire as the war in Israel continues to escalate since Oct. 7, when Hamas launched attacks that left more than 1,200 people dead and hundreds kidnapped.
Press Secretary John Kirby made the remarks at a White House press briefing on Tuesday. (AP/Evan Vucci)
“Number one, we still believe a ceasefire is the best way to end this war, and we still believe it’s very possible. We still believe the gap is small enough to be bridged,” Kirby said.
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“The other thing we’ve been doing since October 7th is making sure that Israel has what it needs to defend itself, but also to make sure that this war doesn’t escalate into a broader regional war, a regional conflict. And that’s what we’re doing.”
But there are growing concerns that Prime Minister Benjamin Netanyahu doesn’t want a ceasefire. Speaking on CNN’s “State of the Union,” Deputy National Security Adviser Jonathan Finer said he couldn’t comment on private discussions between Biden and Netanyahu about a ceasefire deal, but noted the two leaders have a candid, long-standing relationship.
Deputy National Security Advisor John Finer appeared on “Meet the Press” on April 24, 2022. (William B. Plowman/NBC/NBCU Photobank via Getty Images)
“I don’t talk about private conversations between the president and the prime minister, but these two people have had a relationship for over 40 years. One of the great assets in the U.S.-Israeli relationship is the personal relationship between these two leaders where they can speak directly and frankly. That has been the case ever since President Biden took office and certainly will be the case after October 7th,” Finer said when asked about the possibility of Netanyahu circumventing the ceasefire agreement.
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“The United States has been very clear, both publicly and privately, about how urgent it is that a ceasefire and hostage agreement be reached. Nothing that has happened in the last week or two has changed that urgency. Rather, one of the reasons we believe a ceasefire needs to happen as quickly as possible is because when there are hostilities in the Middle East, external factors can affect and disrupt these talks, and we do not want to allow that to happen.”
Stepheny Price of Fox News Digital contributed to this article.
