Guantanamo trial for 9/11 mastermind in disarray on 22nd anniversary
WASHINGTON − A full two decades after their capture, the U.S. military commission “Trial of the Century” against the five accused leaders of the 9/11 attacks appeared finally back on track earlier this year.
Then came another delay in pre-trial hearings this past July. And in August, a bombshell: The Department of Defense disclosed that prosecutors in its Office of Military Commissions are considering a plea deal to spare the lives of self-admitted plot mastermind Khalid Sheikh Mohammed and four alleged accomplices in exchange for admissions of guilt in the attacks that killed nearly 3,000 people 22 years ago today.
No pre-trial agreement has been finalized, “and may never be finalized” with the five men being held at the U.S. military prison at Guantanamo Bay, Cuba, according to a Pentagon letter sent to survivors and families of those killed in the attacks.
But the letter by the Office of Military Commissions – Convening Authority alerted them that “it is possible that a PTA in this case would remove the possibility of the death penalty at sentencing,” and sought their input.
Mohammed, or KSM as he is widely known, boasted about being the mastermind of the attacks on Washington and New York in a media interview even before his 2003 capture and subsequent waterboarding by the CIA. But defense lawyers want a plea agreement to spare their lives and provide better confinement conditions.
'A horrible, terrible feeling of betrayal'
Terry Strada, a representative of many 9/11 families, said the possibility of such a plea agreement is just the latest – but probably the biggest − slap in the face yet for those demanding answers and accountability for al Qaeda’s suicide hijackings.
Strada said the 9/11 families also have faced resistance in their efforts to investigate Saudi Arabia’s possible role in funding the attacks.
“But the fact that there are now potential plea deals being offered right at the anniversary, it’s just a horrible, terrible feeling of betrayal,” said Strada, whose husband Tom died on the 104th floor of the World Trade Center’ North Tower that sunny Tuesday morning. “I mean, justice has not been served in two decades. How much more do they expect the families to be able to take? People are dying without seeing justice done.”
Last week, after the potential plea agreements drew sharp condemnation from the families and some lawmakers in Congress, President Joe Biden issued a statement saying he concurred with the Secretary of Defense Lloyd Austin’s recommendation not to accept plea agreement terms proposed by the 9/11 defendants and their lawyers.
“The Administration,” the White House said in a statement to USA TODAY, “is committed to ensuring that the military commissions process is fair and delivers justice to the victims, survivors, families, and those accused of crimes.”
'Answers and information that we have been denied for two decades'
Like Strada, former FBI Agent Frank Pellegrino – who spent decades investigating Mohammed − wants the U.S. government to present its case in open court and establish a public record of what happened based on the evidence collected around the world over many years.
“I think the American people deserve to hear what the evidence is and not be satisfied with the fact that their government is telling them, well, we have these people, and they are guilty,” Pellegrino said in an interview.
Lt. Cmdr. Adam Cole, a spokesman for the Pentagon’s Office of Military Commissions, said prosecutors and defense lawyers will gather in Guantanamo as early as this week to restart the pre-trial court proceedings, in which they will continue argue a seemingly unending series of motions.
No trial date has been set, and the frustrations have prompted at least one 9/11 family survivor to argue in favor of allowing a plea agreement.
Colleen Kelly, whose younger brother Bill also was killed in the North Tower, acknowledged in testimony before the Senate Judiciary Committee in December 2021 that such a deal could theoretically involve sparing the lives of KSM and the others.
“We understand that in exchange for guilty pleas the government would in all likelihood no longer seek the death penalty; this would be in part in recognition of the torture each of the defendants experienced,” Kelly testified.
“What we would hope to finally get, however, is answers to our questions about 9/11 from the defendants − answers and information that we have been denied for two decades,” Kelly said. “Those who have not been watching what has been unfolding in the commissions may not see this as justice. Indeed, it is not the outcome that September 11th Families for Peaceful Tomorrows advocated for at our founding. But it is a way – perhaps the only way – forward at this point.”
This article originally appeared on Aberdeen News: Pentagon prosecutors discussing plea deal to spare lives of 9/11 suspects
