Defense attorneys for the alleged 9/11 conspirators argued on Wednesday that Defense Secretary Lloyd Austin’s decision to revoke a plea deal violated military regulations, branding the system as corrupt.
During a hearing at Guantanamo Bay, Walter Ruiz, defense counsel for Mustafa Ahmed Adam al Hawsawi, criticized Austin's abrupt decision to cancel the plea agreement. Ruiz emphasized that both prosecution and defense had negotiated the deal in good faith over two years, only for it to be rescinded.
The controversial decision came shortly after a Pentagon press release announced pretrial agreements with Khalid Shaikh Mohammad, Walid Muhammad Salih Mubarak Bin ‘Attash, and Hawsawi. Austin's memo, which withdrew the convening authority's power and nullified the agreements, triggered a backlash from various political factions and 9/11 victim groups advocating for the death penalty.
Legal experts and defense teams highlighted the potential unlawfulness of Austin’s actions, noting that it might breach the Manual for Military Commissions regulations. Defense attorney Gary Sowards argued that Austin lacked authority to withdraw the deal since the defendants had begun fulfilling their obligations under the agreement.
Prosecutors, however, claimed they needed more time to address the defense’s motions fully. Meanwhile, Austin maintained that his decision was rooted in ensuring justice for 9/11 victims, a stance contested by defense teams who warned of ensuing chaos and further harm to victims' families.
Legal specialists doubted the feasibility of trials leading to sentencing due to the U.S. government’s reluctance to disclose evidence of detainees' torture, complicating the pursuit of the death penalty.
