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Biden admin appeals plea agreements with Guantanamo detainees, including 9/11 mastermind

The Biden administration is seeking a federal appeals court injunction to temporarily block a plea deal agreement with three detainees in Guantánamo Bay, including 9/11 mastermind Khalid Sheikh Mohammad, which would spare the defendants from the death penalty. The plea deals, set to be finalized as early as Friday at the military prison, have sparked controversy and concern.

On New Year’s Eve, a military appeals court rejected Defense Secretary Lloyd Austin’s attempt to halt the deal, stating that Austin did not have the authority to cancel plea agreements. The court ruled that the agreements between military prosecutors and defense lawyers were valid and enforceable, and that Austin overstepped his bounds in trying to void them.

The government’s appeal argues that the three detainees are charged with perpetrating the deadliest terrorist attack on American soil in modern history – the September 11, 2001, attacks. The plea agreements would prevent a public trial and the possibility of capital punishment for the perpetrators, a move that the government believes would be irreparable once the guilty pleas are accepted.

The Biden administration’s appeal emphasizes the need for a stay on the proceedings until the court can review the government’s petition, as accepting the guilty pleas would eliminate the opportunity for a public trial and seeking capital punishment for the heinous crime committed.

The plea deal, reached over the summer and approved by the top official of the Guantánamo military commission, has faced backlash from 9/11 victims and U.S. politicians. The Pentagon revoked the agreements in July, but they were reinstated by a judge, prompting the current legal battle.

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In a separate development, the Biden administration transferred 11 Yemeni detainees, including former bodyguards for Osama bin Laden, from Guantánamo Bay to Cuba. The transfer, conducted in a secret operation, comes ahead of Mohammed’s scheduled guilty plea in exchange for a life sentence.

The move to transfer the detainees has been in the works for three years, with a previous attempt facing opposition from lawmakers. The decision to move forward with the transfer underscores the ongoing legal and ethical challenges surrounding the detainees held at Guantánamo Bay.

The plea deal controversy and the detainee transfer highlight the complex and sensitive nature of handling terrorism-related cases and the difficult decisions faced by the government. The legal battle over the plea agreements underscores the high stakes involved in seeking justice for the victims of the 9/11 attacks and holding the perpetrators accountable.

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