Military Court Rules Against Defense Secretary's Authority on Guantanamo Plea Deals

On Tuesday, a military appeals court issued a ruling stating that Defense Secretary Lloyd Austin does not have the power to revoke the plea agreements negotiated between military prosecutors and defense lawyers for detainees at Guantanamo Bay, which notably includes Khalid Sheikh Mohammad, alleged to be the mastermind behind the 9/11 attacks. The court's opinion, yet to be published in official records, emphasized the legality and enforceability of these plea deals, which Austin attempted to annul, asserting that he overstepped his authority.

The Pentagon has the opportunity to pursue an emergency review through the D.C. Circuit federal appeals court; however, as of Tuesday afternoon, there have been no filings registered in that court. A hearing is set to take place next week at Guantanamo Bay, where Khalid Sheikh Mohammad and two other defendants may enter separate guilty pleas, with the death penalty off the table as a sentencing option.

These plea agreements, reached in the summer and subsequently approved by the senior official in the Guantanamo military commission, have drawn severe criticism from numerous 9/11 victims and various U.S. lawmakers. Observations regarding the situation have labeled the deal a betrayal, with figures like Vice President-elect JD Vance condemning it as a leniency shown to terrorists amidst claims of political bias within the Department of Justice. In July, the Pentagon formally retracted these agreements through a letter from Austin, claiming authority under his jurisdiction to do so. The situation remains ongoing and updates are forthcoming.