A U.S. military judge at Guantanamo Bay has set hearings for alleged 9/11 mastermind Khalid Sheikh Mohammed and two co-defendants to enter guilty pleas in exchange for life sentences. The move by Judge Matthew McCall signals a deepening battle over the independence of the military commission at the naval base.
The plea hearings are scheduled to take place over two weeks starting January 6, with Mohammed expected to enter his plea first. Defense Secretary Lloyd Austin is seeking to scuttle the plea agreements, which would put the prosecution efforts back on track for a trial that carries the risk of the death penalty.
The plea agreements, negotiated over two years, received approval this summer but faced opposition from leading Republicans. Austin's order to throw out the deals has been challenged by defense attorneys, arguing it could question the legal validity of the proceedings.
The hybrid military commission was created to try individuals arrested in the aftermath of the 9/11 attacks. The al-Qaida assault remains one of the most damaging in U.S. history, resulting in nearly 3,000 deaths.
McCall ruled that Austin lacked legal grounds to reject the plea deals and confirmed clauses in the agreements that bar authorities from seeking death penalties again. The Defense Department notified families of 9/11 victims that it would continue to fight the plea deals and challenge McCall's ruling.
If the 9/11 cases proceed to trial and sentencing, the U.S. Court of Appeals for the District of Columbia Circuit would likely hear any death penalty appeals, addressing issues such as CIA interrogation video destruction and allegations of torture affecting subsequent interrogations.
