9/11 victims deserve transparency. Not a plea deal with terrorists.

On July 31, a letter from the Department of Defense’s Office of the Chief Prosecutor for Military Commissions conveyed a disheartening message: The U.S. government had reached a plea bargain with Khalid Sheikh Mohammed and his 9/11 coconspirators.

This plea deal, which sought to remove the death penalty from consideration, represented a critical misstep in the pursuit of justice for the 9/11 community.

Thankfully, Defense Secretary Lloyd Austin rightly intervened to block this agreement − marking the second time in two years that officials have taken a stand against plea negotiations that undermine the pursuit of full justice.

The plea deal would have allowed the architects of the attacks to avoid a full trial and the possibility of the death penalty. Such a resolution is deeply problematic, regardless of your position on capital punishment. The Office of the Chief Prosecutor offered information about the proposed plea deals only to “a verified victim family member.”

A “verified victim family member” indicates that the Office of the Chief Prosecutor continues to request opinions primarily from the families who lost loved ones on Sept. 11, 2001.

What about the more than 37,000 certified 9/11 victims who are battling cancer and other serious physical and psychological illnesses? Don’t they get a say on the plea deals?

Have we already forgotten the 9/11 victims?

The terrorist attacks nearly a quarter of a century ago killed almost 3,000 people and injured thousands at New York's World Trade Center, the Pentagon and in Shanksville, Pennsylvania.

As of this March, more than 130,000 people have been diagnosed with cancer or other 9/11-related illnesses because of their exposure to poisonous air in Lower Manhattan, according to the World Trade Center Health Program. The poisonous dust and air around Ground Zero included cancer-causing toxins such as asbestos, pulverized building materials, cement dust, soot, microscopic shards of glass, silica, dioxin and heavy metals ‒ all drenched with thousands of gallons of jet fuel that caused fires to burn continuously on the pile for months afterward.

First responders at the remains of the World Trade Center in New York City on Sept. 15, 2001, after the 9/11 terrorist attacks. In 2024, there are still more than 37,000 certified 9/11 victims who are battling cancer and other serious physical and psychological illnesses.
First responders at the remains of the World Trade Center in New York City on Sept. 15, 2001, after the 9/11 terrorist attacks. In 2024, there are still more than 37,000 certified 9/11 victims who are battling cancer and other serious physical and psychological illnesses.

Deaths of people enrolled in the WTC Health Program now exceed the deaths on 9/11 itself.

Every day I represent people with claims before the federal 9/11 Victim Compensation Fund. To date, not one of my clients has told me they have been contacted by the Office of the Chief Prosecutor asking for their opinion on the plea deals for the terrorists.

This failure to reach out to the entire 9/11 community is unacceptable. It would be very easy for the chief prosecutor to reach out to both the federal WTC Health Program and the 9/11 Victim Compensation Fund and coordinate proper outreach to all victims. In fact, these two programs excel in outreach to the victims.

Heroes worth remembering: The ground zero dogs who served after 9/11

The Office of the Chief Prosecutor could learn a lesson or two. The entire 9/11 community deserves full transparency and to be involved in the conversation regarding any plea deals.

The handling of the case behind closed doors is nothing less than a stain on the memory of all the victims and an insult to those suffering today. The only acceptable course of action is to proceed with a full trial, ensure complete transparency for the families of all the victims, and allow the judicial process to unfold without undermining the severity of the punishment.

The new presidential administration must insist on nothing less – and both presidential nominees should state their positions on plea negotiations with the 9/11 terrorists.

Plea deal for Khalid Sheikh Mohammed should never have been an option

An American flag is draped over the walls of the Pentagon on Sept. 13, 2001, after the 9/11 terrorist attacks. Al-Qaida militants crashed  American Airlines Flight 77 into the Pentagon, killing 184 people.
An American flag is draped over the walls of the Pentagon on Sept. 13, 2001, after the 9/11 terrorist attacks. Al-Qaida militants crashed American Airlines Flight 77 into the Pentagon, killing 184 people.

This ongoing suffering underscores the need for justice that reflects the scale of the tragedy. The plea bargain, by avoiding a full trial and the death penalty, risks diminishing the gravity of the crimes committed and failing to adequately acknowledge the enduring pain of the victims and their families.

It is not just the 2,997 lives lost on that day that demand justice − it is also the thousands more whose health and lives have been devastated in the years since.

'What happened at the Pentagon?' If we're not careful, 9/11 attacks will fade from memory.

Moreover, the plea deal raises significant concerns about transparency. There is longstanding speculation about potential involvement by international actors, such as Saudi Arabia, in the 9/11 attacks. The desire for a swift resolution might be driven by a reluctance to expose certain uncomfortable truths, which could strain diplomatic relations with a key ally. Such motivation is unacceptable. The facts surrounding 9/11 must be fully disclosed, not hidden to protect political interests.

Our government's track record in this case has been plagued by delays and controversies. The plea bargain represents yet another chapter in this long and troubled saga. The decision to bypass a full trial and the death penalty is not just a legal maneuver − it is also a moral failure to fully address the scope of the tragedy and the ongoing impact on countless lives.

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Secretary Austin’s intervention to block the plea deal is a step in the right direction. The families of the 9/11 victims deserve nothing less than full transparency and justice. A plea bargain that removes the death penalty and potentially conceals critical information is not a resolution that serves the cause of justice or honors the memory of those who suffered on Sept. 11, 2001.

The pursuit of justice in such complex and politically charged cases is never easy, but it is essential. The truth about 9/11 must be uncovered in its entirety, and those responsible must face the full consequences of their actions. Only then can everyone in the 9/11 community begin to heal and ensure that such atrocities are never repeated.

Troy G. Rosasco, founding partner at Hansen & Rosasco, is a 9/11 victim attorney with over 22 years of experience representing victims and their families, recently securing a $4.1 million award for a client.

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This article originally appeared on USA TODAY: 9/11 plea deal does disservice to all victims. Have we forgotten them?