Defense Secretary Lloyd Austin's decision to cancel plea deals for 9/11 defendants likely came too late, a military law expert told the Daily Caller News Foundation.
The plea deal for alleged 9/11 mastermind Khalid Sheikh Mohammed and two accomplices drew immediate backlash from victims' families and lawmakers after it was announced. Announced July 31st. A few days later, Austin Cancelled In his memo, he wrote that he took responsibility for the transaction given the “importance of the decision.”
Now, the judge Weighing The New York Times reported on whether Austin had the authority to back out of the contract. (Related article: 9/11 widow slams Biden administration for attempting “outrageous” plea deals for Guantanamo terrorists)
“It's too late for the president to intervene after the agreement has already been negotiated and approved,” Gary Barthel, founder of the Center for Military Law, told DCNF.
Last year in Austin Specified He appointed retired Brigadier General Susan Escali as the convening authority for the Military Commission. positionShe “has the power to convene military commissions, refer charges for trial, negotiate pretrial agreements, and review trial records.”
Bartell explained that once the convening agency approves that an agreement has been reached between the parties, it is typically considered a “settled agreement.” Austin could have kept the matter from her agency sooner, brought it to her level and handled it herself, but instead “issued an order that these plea agreements were inappropriate,” Bartell said.
NEW YORK, NY – SEPTEMBER 11: A memorial for NYPD victims of the 9/11 terrorist attacks is displayed during the annual 9/11 remembrance ceremony at the National 9/11 Memorial & Museum on September 11 in New York City. Democratic presidential candidate Joe Biden, Republican presidential candidate Kamala Harris, former Republican presidential candidate Donald Trump, and Republican vice presidential candidate J.D. Vance (R-Ohio) gathered with family and friends at Ground Zero to remember the lives of their loved ones on the 23rd anniversary of the September 11, 2001, terrorist attacks at the World Trade Center. Biden and Harris also plan to attend ceremonies at the Flight 93 National Memorial in Shanksville, Pennsylvania, and the Pentagon in Arlington, Virginia, visiting all three sites of the terrorist attacks that left nearly 3,000 people dead. (Photo by Michael M. Santiago/Getty Images)
“I hereby immediately revoke your authority to enter into any pretrial agreements in the above-referenced cases and reserve that authority for myself,” he wrote in the Aug. 2 memo.
The judge ordered Supervised The parties must consider several questions about whether Austin's conduct was lawful.
On September 6, the government Filing Austin “had ample authority under the relevant laws, rules and regulations to release Mr. Escalier from liability relating to the pretrial agreement and to retain that liability for himself.”
“The Secretary has primary statutory authority over this process from start to finish,” the filing states.
The defense argues Austin acted too late and is asking the judge to rule the plea deal still valid, according to The New York Times.
Bartell said Austin appeared to be “out of the loop.”
The plea deal came as a surprise to Austin because he learned it was signed after the fact. According to To the NYT.
Bartell said exercising the power after a plea deal has been signed would likely be considered “undue influence” and could lead to a judge reinstating the agreement.
9/11 widows denounce Biden administration's attempt to make plea deals for Guantanamo terrorists pic.twitter.com/ksoYbm27BH
— Daily Caller (@DailyCaller) September 11, 2024
Austin defended his decision at the Aug. 6 event, saying he has “long believed that victims' families, service members and the American people deserve the opportunity to see a military commission or committee trial.” According to To the Associated Press.
Eugene R. Fidel, a professor of military law at Yale Law School, also told DCNF that Austin's decision came too late.
“If he was so excited, he should not have appointed someone else to adjudicate this case,” Fidel said.
The plea deal itself remains unresolved, but several media outlets have motion Make it public.
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