An American court of appeals has ruled that former Secretary of Defense Lloyd Austin had the right to scrap a deal that would have spared the suspects in the September 11, 2001 attacks the death penalty. The agreement has therefore been declared invalid.
The deal was made last year. Khalid Sheikh Mohammed, the suspected mastermind behind the attacks, and two co-defendants would plead guilty in exchange for a life sentence. They would then avoid the death penalty.
The agreement was approved by a senior Pentagon official overseeing the Guantánamo Bay war court. Austin intervened shortly thereafter. He felt that the public and relatives were entitled to a full military trial.
A military court and a military court had previously ruled that Austin had gone too far. However, the civil court now states that he was legally within his rights. According to the judges, as the competent authority, he had the right to withdraw the deal and his assessment was legitimate.
The three suspects have been held at Guantánamo Bay detention camp since 2003. The case has been ongoing for more than twenty years. One of the lawyers is considering an appeal to the US Supreme Court.