ACLU Statement on Defense Secretary Austin’s Decision to Appeal Validity of Plea Agreements for 9/11 Defendants

WASHINGTON – Late Friday evening, Secretary of Defense Lloyd J. Austin III instructed the prosecutors in the 9/11 case to appeal a U.S. military judge’s decision that the government’s plea agreement with American Civil Liberties Union client Khalid Shaikh Mohammad and two other defendants is valid and must go into effect. This is the second time the Secretary of Defense has attempted to override the plea agreements between government prosecutors and the defense.

The following is a statement from Anthony D. Romero, executive director of the ACLU:

“Secretary Austin's order to appeal the military judge’s ruling – after the Secretary wrongly tried to revoke valid plea deals and sideline his own convening authority – is nothing more than doubling down on wrong decisions. This move reverts to the original, fatal flaws of the military commissions: leaders who will stop at nothing to put their hands on the scales of justice to try and get the outcome they want.”

“As Secretary Austin clears his desk for President-elect Trump's pick to head the Defense Department, he has ensured that the Guantanamo military commissions morass is now part of President Biden's legacy. With his decision, Secretary Austin has squandered the Biden administration’s opportunity to resolve the 9/11 cases and ensure accountability and finality for the crimes. After 19 years, these commissions will never result in any other just outcome, and now Secretary Austin and by extension President Biden are responsible for what will undoubtedly be years more of litigation.”

“This decision is especially astonishing in light of the military judge’s careful and reasoned opinion, which found that the negotiated plea agreements were proper and that the Secretary had no legal authority to insert himself into the process.”

“Our hearts go out to the victim family members who have long awaited a guilty verdict and finality. The guilty pleas would have allowed for a sentencing hearing where victim family members could get answers to their questions about how and why the events of 9/11 occurred. Instead, because of the Secretary of Defense, that day is being pushed even farther into the future, wasting government resources and delaying resolution for everyone involved.”