Defense Secretary Lloyd Austin may not have had the authority to revoke the plea deal he promised the 9/11 terrorist attack masterminds.
In July, Austin decided last-minute to rescind a plea deal for Khalid Sheikh Mohammed, Walid Muhammad Salih Mubarak Bin Attash, and Mustafa Ahmed Adam al Hawsawi after it triggered nationwide outrage.
Austin caved to political pressure after Democrats feared the plea agreements would make the Biden-Harris Administration look bad— especially for Vice President Kamala Harris as she campaigns for the 2024 election.
The terrorist attack masterminds initially agreed to plead guilty to a slew of charges, including the murder of 3,000 people, in exchange for removing the death penalty.
However, a New York Times report suggests a judge will likely shoot down Austin’s decision to revoke a plea deal, saying it was “Too late in the game.”
According to the judge’s order, he directed all parties to determine whether Austin’s action was lawful.
In a Sept. 6 court filing, the U.S. government claimed Austin “had ample authority under the relevant statutes, rules, and regulations” to rescind the plea deals that Convening Authority for Military Commissions Susan Escallie made.
Appointed by Austin, Escallie is “empowered to convene military commissions, refer charges to trial, negotiate pre-trial agreements, and review records of trial.”
Typically, once the convening authority approves a plea deal, it is a “done deal” and cannot be revoked. However, in August, Austin withdrew her “authority in the above-referenced case to enter into a pre-trial agreement and reserve such authority to myself.”
The NYT noted that defense attorneys argue that the plea agreements are still valid and that Austin rescinded them after the fact.
Gary Barthel, founder of the Military Law Center, told the Daily Caller News Foundation that the judge could reinstate the plea deals due to Austin’s “misuse” of his authority to revoke the agreement after it had already been made as being “undue influence.”
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