The U.S. has reached a plea agreement with Khalid Sheikh Mohammed, the alleged mastermind behind the 9/11 attacks, and two of his co-defendants, Walid Bin 'Attash and Mustafa al Hawsawi. The deal, announced by the Defense Department, comes after 27 months of negotiations and removes the death penalty as a possible outcome for the defendants.
According to a letter sent to the families of 9/11 victims and survivors, the three men have agreed to plead guilty to all charges, including the murder of the 2,976 individuals listed in the indictment. The plea hearing for Mohammed and his co-defendants could take place as early as next week.
"This decision was not reached lightly," prosecutors wrote in the letter. "It is our collective, reasoned, and good-faith judgment that this resolution is the best path to finality and justice in this case." The agreement comes after more than a decade of pre-trial litigation and numerous delays, including those related to the coronavirus pandemic and the resignation of two judges.
The plea deal marks an end to what would have been a long and complicated death penalty trial. "This is the least bad deal in the real world that would ever happen," said Peter Bergen, a terrorism expert and CNN national security analyst. He emphasized the challenges the government faced in advancing a case that had been stalled for nearly two decades.
Khalid Sheikh Mohammed was captured in Pakistan in 2003 and has been held at Guantanamo Bay since 2006. He was charged in 2008 with a litany of crimes, including conspiracy, murder in violation of the law of war, and terrorism. The trial had been repeatedly delayed, partly due to legal issues surrounding the use of evidence obtained through torture at CIA black sites.
Despite the plea deal, the three men will still face a sentencing hearing where evidence will be presented to argue for an appropriate sentence short of the death penalty. This hearing is not expected to occur before next summer. Prosecutors have informed the families of 9/11 victims that they may have the opportunity to provide victim impact statements during the sentencing phase.
The plea agreement has elicited mixed reactions among the families of the 9/11 victims. Brett Eagleson, president of 9/11 Justice, expressed concern about the plea deals and emphasized the need for access to information. "These plea deals should not perpetuate a system of closed-door agreements, where crucial information is hidden without giving the families of the victims the chance to learn the full truth," he said.
Terry Strada, national chair for 9/11 Families United, echoed these sentiments, describing the news as a gut punch. She highlighted the timing of the announcement, which coincided with a significant hearing in the families' ongoing litigation with Saudi Arabia. "No family member knew this was coming," she said. "I'm very suspicious of the timing of it."
The defendants have agreed to answer written questions from surviving victims and victims' families about their roles and motivations for conducting the attacks. Families have 45 days to submit questions, and the prosecutors plan to meet with them in person this fall to discuss the plea agreements.
The Biden administration has made it a priority to close the Guantanamo Bay detention facility, where the defendants are currently held. While several detainees have been repatriated, dozens remain. The administration's efforts to shut down the facility are ongoing, with this plea deal potentially aiding in those efforts.
Khalid Sheikh Mohammed, often referred to as KSM, has been described as the principal architect of the 9/11 attacks. His capture and subsequent detention have been central to the U.S. War on Terror. In CIA custody, he was subjected to "enhanced interrogation techniques," including waterboarding, which has been a contentious issue in his legal proceedings.
