Court throws out plea deal for 9/11 mastermind Khalid Sheikh Mohammed, two other terrorists
The 2-1 D.C. Circuit appeals court decision upheld then-Defense Secretary Lloyd Austin's decision to undo the plea deal approved by military lawyers and senior Pentagon staff.
The deal would have carried life without parole sentences for Mohammed and two co-defendants, potentially taking capital punishment off the table.
Mohammed, a Pakistani national, is accused of spearheading the 9/11 attacks on the World Trade Center, Pentagon and another commercial jetliner that crashed in Pennsylvania.
Austin said a decision on whether to take the death penalty off the table could only be made by the Secretary of Defense.
3 A federal appeals court tossed out an agreement that would have allowed Khalid Sheikh Mohammed, a Pakistani national accused of spearheading the 9/11 attacks on the World Trade Center, to plead guilty.
AP
However, legal concerns stemmed from whether the original plea deal was legally binding and whether Austin waited too long to get it dismissed.
The court found Austin indisputably had legal authority to withdraw from the agreements because the promises made in the deal had not yet been fulfilled, and the government had no adequate alternative remedies.
Since the appeals court put the agreement on hold, the defendants were not sentenced Friday as previously scheduled, marking a temporary victory for the Biden administration.
3 The court decision upheld then-Defense Secretary Lloyd Austin's decision to undo the plea deal approved by military lawyers and senior Pentagon staff.
AP
3 A U.S. trooper exits a tent at Camp Justice, part of the U.S. military Guantanamo war crimes court at Guantanamo Bay on June 5, 2008.
REUTERS
Judges Patricia Millett and Neomi Rao, of the majority opinion, noted the government 'adequately explained that Secretary Austin delayed action to avoid an unlawful influence challenge, waiting to see what type of agreement, if any, would result from the negotiations and only then deciding whether intervention was necessary.'
Citing previous unlawful influence allegations against various government officials, including the secretary of defense, Millett and Rao found Austin was 'reasonable' to withdraw from the agreements to avoid additional litigation.
'Having properly assumed the convening authority, the Secretary determined that the families and the American public deserve the opportunity to see military commission trials carried out,' the judges wrote. 'The Secretary acted within the bounds of his legal authority, and we decline to second-guess his judgment.'
Judge Robert L. Wilkins, in dissent, argued that siding with the government would be an overreach.
'The Court's holding is stunning,' Wilkins wrote. 'Not only does the majority believe that Respondents [prosecutors who negotiated the plea deal] did not begin performance, but it holds that the government established a clear and indisputable right to a writ of mandamus or prohibition.
'It is impossible for me to conclude that the government has shown it is clearly and indisputably entitled to relief,' he continued. 'That demanding mandamus standard is even further out of the government's reach where the government cannot cite binding on-point precedent in support of its claims and we are constrained to reviewing for clear error both the Military Judge's finding that the PTAs encompassed the relevant promises and his application of the withdrawal regulation. But even on de novo review of those findings, the government has not met its burden.'
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
New York Post
29 minutes ago
- New York Post
Ocasio-Cortez slammed over ‘defamatory' Trump, Jeffrey Epstein post: ‘Sue AOC into bankruptcy'
Rep. Alexandria Ocasio-Cortez (D-NY) was ripped on social media after she called President Trump 'a rapist' online — with many suggesting a tweet from the Congresswoman was grounds for a defamation lawsuit from the commander in chief. Ocasio-Cortez sparked outrage when she tweeted Friday about Trump and the release of files related to notorious pedophile Jeffrey Epstein. 'Wow who would have thought that electing a rapist would have complicated the release of the Epstein Files?' Ocasio-Cortez wrote on X, apparently referring to Trump and the 2023 civil trial where he was found liable of sexually abusing writer E. Jean Carroll. 3 Ocasio-Cortez appeared to suggest Trump was a 'rapist' in a social media post on Friday. AP Advertisement Trump, however, was not found liable of rape in the case — a distinction the congresswoman failed to make — leading many on social media to encourage the president to sue the self-described 'Bronx girl.' 'Even under the ridiculously lenient standards of NY Times v. Sullivan, you've managed to incur defamation liability. Wow,' Sen. Mike Lee (R-Utah) wrote on X, referring to the landmark 1964 Supreme Court libel case. 'George Stephanopoulos might advise you to take down this tweet,' another person tweeted. Advertisement Stephanopoulos and ABC were sued by Trump last year after the 'This Week' host similarly asserted that Trump had been 'found liable for rape,' during an interview with Rep. Nancy Mace (R-SC). In December, ABC and Stephanopoulos agreed to pay Trump's presidential library foundation $15 million and an additional $1 million in legal expenses as part of a settlement, and the network publicly apologized for the error. 'This is defamatory,' Trump ally Laura Loomer said of Ocasio-Cortez's tweet. 'And I hope you are sued by Trump for this the same way George Stephanopoulos was sued and forced to pay Trump $15 million dollars.' 'The President should sue AOC into bankruptcy,' legal analyst Phil Holloway similarly argued. Advertisement 'I realize she's trying to raise her profile but this is way way too far,' Holloway tweeted. 3 Trump previously sued ABC when George Stephanopoulos asserted Trump had been found liable for rape. RUT / 3 AOC suggested that Trump's legal troubles with Carroll is why more files related to the Jeffrey Epstein case haven't been released. AP The White House declined to say if the president was considering legal action. Advertisement 'AOC likes to play pretend like she's from the block, but in reality she's just a sad, miserable blockhead who is trying to over-compensate for her lack of self-confidence that has followed her for her entire life,' White House communication director Steven Cheung said in a statement. 'Instead, she should get some serious help for her obvious and severe case of Trump Derangement Syndrome that has rotted her pea-sized brain,' he added.
Hamilton Spectator
30 minutes ago
- Hamilton Spectator
CUSMA-compliant goods exempt from Trump's 35% trade threat to Canada, White House says
As he reframes his country's trade relationship with the rest of the world, U.S. president Donald Trump is once again turning to some of his favourite tactics: chaos, bluster and uncertainty. A day after Trump fired off a letter to Prime Minister Mark Carney threatening to impose a 35-per-cent tariff on imports from Canada, Trump and some of his White House officials muddied the waters, suggesting that there'd be an exception for goods which comply with the Canada-U.S.-Mexico Agreement on trade. Canadian officials weren't so sure. That lack of clarity is precisely the point of Trump's latest threat, said international trade lawyer John Boscariol. 'I think the goal here is more bluster and chaos on the Trump side during the negotiation process,' said Boscariol, head of the trade law group at McCarthy Tétrault. 'By now, we're starting to recognize a pattern where these missiles are sent during discussions and there's an immediate reaction.' Trump said in a letter to Prime Minister Mark Carney Thursday that Canadian imports would face a 35-per-cent tariff as of Aug. 1 if no trade agreement is reached. Carney had initially been hoping for a deal by July 21. A White House official later suggested that the new tariff would only apply to goods that already face a 25-per-cent rate. That means goods that comply with the Canada-U.S.-Mexico Agreement would avoid the levy, as would energy and potash imports, which face a 10-per-cent rate. The official also said no final policy paper has been drafted and Trump has not yet made a final decision. The new tariff is an increase to the top 25% tariff rates that Trump first imposed in March after months of threats. Trump's tariffs were allegedly in an effort to get Canada to crack down on fentanyl smuggling despite the relatively modest trafficking in the drug from that country. (Produced by Luke Garratt / AP Video / July 11, 2025) A Canadian government official told the Star Friday it was still unclear which goods the 35-per-cent tariff rate would actually apply to. The new trade deadline means Canada will not double its existing 25-per-cent retaliatory tariffs on American steel and aluminum by July 21, the official confirmed. Trump's goal is to create leverage for his negotiators, Boscariol added. 'He announces something. It's not clear exactly how it applies or what it applies to. He lets it hang out there for a while,' said Boscariol. 'I think Canadian negotiators should keep their heads down and ignore the noise.' It's also clear, based on Trump's letters to other countries this week, that he hopes to use trade negotiations to extract non-trade goals, said Boscariol, pointing to Trump's letter to current Brazilian president Luiz Inácio Lula da Silva, which blasted criminal charges against Lula's predecessor and Trump ally Jair Bolsonaro. That makes it harder, said Boscariol, for negotiators to find a coherent way to approach negotiations when the goals aren't precisely clear. Seeing the leader of the world's largest economy use trade talks as a goal to extract non-trade concessions is a new, chaotic path, Boscariol said. 'This just seems to be pure chaos. It seems to change depending on what his interests might be. Sometimes it's trade-related, sometimes it's something else. I think this is unprecedented,' said Boscariol. In the case of Canada, Trump accused Ottawa in his letter to Carney of failing to prevent fentanyl from crossing the border, saying he would 'consider an adjustment' to his tariffs if Canada works with him on the issue. That's despite Canada being a minor source of the fentanyl going into the U.S., data has shown. William Pellerin, an international trade lawyer at McMillan LLP, said it appears Trump is seeking further concessions on Canada's supply management system, even though the Carney government has said it is off the table in negotiations. Industry Minister Mélanie Joly says Canada intends to continue to apply pressure on the U.S. at the negotiating table as U.S. President Donald Trump threatens 35 per cent tariffs after Aug. 1, the deadline for a new economic and security partnership between the two countries. (July 11, 2025 / The Canadian Press) 'If the tariffs go in place and the Canadian auto industry and steel industry begin massive layoffs, for example, and the tariff situation is not getting better, then maybe that changes the equation,' Pellerin told the Star. But putting too much emphasis on whether or not CUSMA exemptions will apply could wind up backfiring, said Matthew Holmes, public policy chief at the Canadian Chamber of Commerce. 'I don't think it helps Canada in any way to assume that CUSMA will protect us. There's nothing in this process that I trust at all. It's a risk,' said Holmes. Trump's letter to Carney makes it clear the U.S. president is aiming for maximum chaos and leverage, Holmes said. 'The 35 per cent is there unless it's not there. Or maybe if he decides we're doing something on fentanyl,' said Holmes. 'Like everything throughout this whole process, it's arbitrary and subject to the whims of one man. The only thing of substance in this letter is that it pushed out the deadline to Aug. 1.' The head of Canada's largest private sector union blasted the 35-per-cent tariff threat. 'There's only one answer to this extortion from the U.S. president: push back — hard,' Unifor national president Lana Payne said. 'Trump's playbook is clear, implement and threaten sky-high tariffs to condition us into accepting a lower baseline tariff as the new normal. We must never fall for it.' Speaking to reporters outside the White House on Friday, Trump said he had a conversation with Canadian officials on Thursday but offered no new details. 'We're gonna see. It was sent yesterday. They called. I think it was fairly well-received,' he said. Carney's office said Friday that the PM will be convening his cabinet for a meeting Tuesday to discuss the negotiations between the two countries ahead of the revised Aug. 1 deadline. He's also holding a meeting with all premiers on July 22. Canada also faces additional U.S. tariffs on steel, aluminum and automobiles, as well as a U.S. plan to introduce tariffs on copper on Aug. 1. At Queen's Park, Premier Doug Ford's office said Trump's latest threatened escalation puts more pressure on Ottawa. 'Now more than ever, we need the federal government to work around the clock to secure a deal that is right for Canada and eliminates all American tariffs,' Ford's office said Friday. With files from Robert Benzie and Star wires
44 minutes ago
A court called off a key 9/11 suspect's plea deal. Here's where the case stands
NEW YORK -- The United States' long legal case against accused Sept. 11 mastermind Khalid Sheikh Mohammed remains in limbo after an appeals court this week scrapped a plea deal that the government had negotiated but had later withdrawn. Essentially, the ruling leaves the case on track for trial before a military commission. It is unclear when that might happen. Here's what to know about the case and how it got here: Mohammed is accused of developing and directing al-Qaida's plot to crash hijacked airliners into the World Trade Center and the Pentagon on Sept. 11, 2001. Another of the hijacked planes flew into a field in Pennsylvania. In all, nearly 3,000 people were killed in one of the deadliest attacks ever on the United States. Mohammed was arrested in 2003 in Pakistan and eventually taken to the U.S. military base at Guantánamo Bay, Cuba. At the time, it was where the U.S. held hundreds of men captured in President George W. Bush's 'war on terror.' Military prosecutors filed charges in 2008 against Mohammed and some co-defendants. After an Obama-era plan to try them in a civilian court in New York collapsed, the case remained with the military commission. The case dragged on through years of legal and logistical challenges. A major point of contention has been how much the evidence and case have been tainted by the men's torture while in CIA custody during the first years after their capture. Mohammed was waterboarded 183 times. Military prosecutors and defense lawyers began plea talks several years ago. Last year, Mohammed and two others agreed to plead guilty, under an agreement that would have led to life in prison instead of a potential death penalty. The deal also would have required the men to answer questions posed by Sept. 11 victims' relatives. Military prosecutors called the arrangement 'the best path to finality and justice.' Some 9/11 families also saw the deal as the best hope for bringing the painful case to a conclusion and getting some answers from the defendants. But other victims' relatives said a trial was the right way to get justice and information, and some saw the plea deal as capitulation. Republican lawmakers also criticized the agreement, negotiated during Democratic President Joe Biden's administration. Then-Defense Secretary Lloyd Austin soon rescinded the deal, saying that victims' relatives, U.S. troops and the American public ' deserve the opportunity ' to see military commission trials play out. Defense attorneys and the government wrangled in various courts over whether Austin was legally able to scrap the deal. It was on-again, off-again for months. A panel of appeals judges put it on hold in January and then, on Friday, issued 2-1 ruling saying that Austin had the authority to rescind the agreement. The order bars the military judge from taking any guilty pleas under the now-undone deal. It is not clear whether defense lawyers plan to appeal. A message seeking comment was sent Saturday to Mohammed's attorneys. Without a plea deal, the case would once again be back in the pretrial stage within the military commission system, with the legal and logistical complications that it has faced. Questions about whether the men's torture would prevent the use of evidence, including statements they made, are yet to be resolved.
