The US has reached a plea deal with the alleged 9/11 mastermind Khalid Sheikh Mohammed and two other defendants accused of playing a role in the 2001 terror attacks. The pretrial agreement was reached after 27 months of negotiation.
It spares Mohammed, Walid Bin ‘Attash, and Mustafa al Hawsawi from the death penalty, according to prosecutors in a letter. The letter was sent to the families of 9/11 victims and survivors shortly before the announcement of the news.
The negotiations started back in March 2022. But nobody thought the man thought to be the 9/11 mastermind and his cohorts would get away with their lives. Especially with how much death they allegedly caused.
The 9/11 Mastermind Is Getting a Plea Deal
After negotiations kicked off in March 2022, Mohammed and his cohorts agreed to plead guilty to all charges. This included the murder of almost 3,000 people listed in the charging sheet.
The alleged 9/11 mastermind and his co-defendants will enter guilty pleas at a plea hearing. And according to the letter sent to families, it could come as early as next week.
“We recognize that the status of the case in general, and this news in particular, will understandably and appropriately elicit intense emotion,” the Prosecutors wrote in the letter. “We also realize that the decision to enter into a pre-trial agreement will be met with mixed reactions amongst the thousands of family members who lost loved ones.”
“The decision to enter into a pre-trial agreement after 12 years of pre-trial litigation was not reached lightly. However, it is our collective, reasoned, and good-faith judgment that this resolution is the best path to finality and justice in this case,” the letter continued.
Why the Plea Agreement for the 9/11 Mastermind?
A plea agreement will reportedly help avoid what would have been a long and complicated death penalty trial against Mohammed. Peter Bergen, a terrorism expert and CNN national security analyst, said, “This is the least bad deal in the real world that would ever happen.”
The government faced the difficult challenge of advancing a case halted for two decades since Mohammed’s capture in Pakistan in 2003 for his alleged involvement in the 9/11 attack. Bergen told CNN, “They were still in pre-trial hearings” and “Getting some kind of deal is better.”
In 2008, Mohammed’s charges included conspiracy, murder in violation of the law of war, attacking civilians, attacking civilian objects, intentionally causing serious bodily injury, destruction of property in violation of the law of war, and terrorism and material support of terrorism. Back then, the US was gunning for the death penalty for Mohammed.
Complications With the Case
Even after his capture and charging, a military trial against Mohammed and his alleged co-conspirators was delayed for years. During that delay, the US tried to decide how to handle the issue of how it obtained information from Mohammed and others.
Torture was used, and the issue constituted a legal problem for prosecutors. There was conflict on whether evidence obtained through torture was admissible in court. The trial was supposed to begin on January 11, 2021. However, delays caused by the resignation of two judges and the coronavirus pandemic postponed it.
The three men are still going to face a sentencing hearing where the parties will present evidence to argue for an appropriate sentence short of the death penalty. However, the sentencing hearing is not scheduled to occur before next summer.
“During the sentencing hearings in this case, there may be an opportunity for a member of your family to testify about the impact the September 11 attacks have had on you and your loved ones. And to provide a victim impact statement that will be considered by the military jury in determining a sentence,” prosecutors said in the letter.
The letter also points out that prosecutors met with families to obtain feedback about possible plea agreements. As part of the agreement, the defendants will answer written questions about their roles and reasons for conducting the attack. The surviving victims and victims’ families with questions have 45 days to submit them by the end of the year.
What Families of the Victims Think
Brett Eagleson is the president of 9/11 Justice, an organization that represents 9/11 survivors and family members of victims. He said that the families are “deeply troubled by these plea deals.” He also demanded more information about Saudi Arabia’s involvement in the attacks.
“While we acknowledge the decision to avoid the death penalty, our primary concern remains access to these individuals for information,” Eagleson said. “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.”
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Terry Strada, the national chair for 9/11 Families United, also expressed concern. She noted that the plea deal news will overshadow the unsealed evidence in the fight to hold Saudi Arabia accountable for its alleged role in the terror plot.
She said, “I’m very suspicious of the timing of it. This is the biggest day in our entire case. Biggest day in 23 years of trying to obtain justice for the murder of our loved ones. And they offer those guys a plea deal.” Like Strada, many are concerned about the plea deal and have called out the Biden administration.
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