The Pentagon Chief Loses Bid to Reject 9/11 Plea Deals

FILED - 19 March 2024, Rhineland-Palatinate, Ramstein-Miesenbach: US Secretary of Defense Lloyd Austin speaks during a press conference. Photo: Uwe Anspach/dpa
FILED - 19 March 2024, Rhineland-Palatinate, Ramstein-Miesenbach: US Secretary of Defense Lloyd Austin speaks during a press conference. Photo: Uwe Anspach/dpa
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The Pentagon Chief Loses Bid to Reject 9/11 Plea Deals

FILED - 19 March 2024, Rhineland-Palatinate, Ramstein-Miesenbach: US Secretary of Defense Lloyd Austin speaks during a press conference. Photo: Uwe Anspach/dpa
FILED - 19 March 2024, Rhineland-Palatinate, Ramstein-Miesenbach: US Secretary of Defense Lloyd Austin speaks during a press conference. Photo: Uwe Anspach/dpa

A military appeals court has ruled against Defense Secretary Lloyd Austin's effort to throw out the plea deals reached for Khalid Sheikh Mohammed and two other defendants in the 9/11 attacks, a US official said.

The decision puts back on track the agreements that would have the three men plead guilty to one of the deadliest attacks ever on the United States in exchange for being spared the possibility of the death penalty. The attacks by al-Qaeda killed nearly 3,000 people on Sept. 11, 2001, and helped spur US invasions of Afghanistan and Iraq in what the George W. Bush administration called its war on terror.

The military appeals court released its ruling Monday night, according to the US official, who was not authorized to discuss the matter publicly and spoke on condition of anonymity, according to The AP.

Military prosecutors and defense attorneys for Mohammed, the accused mastermind of the attacks, and two co-defendants reached the plea agreements after two years of government-approved negotiations. The deals were announced late last summer.

Supporters of the plea agreement see it as a way of resolving the legally troubled case against the men at the US military commission at Guantanamo Bay naval base in Cuba. Pretrial hearings for Mohammed, Walid bin Attash and Mustafa al-Hawsawi have been underway for more than a decade.

Much of the focus of pretrial arguments has been on how torture of the men while in CIA custody in the first years after their detention may taint the overall evidence in the case.

Within days of news of the plea deal this summer, Austin issued a brief order saying he was nullifying them.

He cited the gravity of the 9/11 attacks in saying that as defense secretary, he should decide on any plea agreements that would spare the defendants the possibility of execution.

Defense lawyers said Austin had no legal authority to reject a decision already approved by the Guantanamo court's top authority and said the move amounted to unlawful interference in the case.

The military judge hearing the 9/11 case, Air Force Col. Matthew McCall, had agreed that Austin lacked standing to throw out the plea bargains after they were underway. That had set up the Defense Department's appeal to the military appeals court.

Austin now has the option of taking his effort to throw out the plea deals to the US Court of Appeals for the District of Columbia Circuit. There was no immediate word from the Pentagon on any next move.

 

 



Israel Says No Foreign Courts Have Warrants Issued against Reservists

 Israeli military vehicles operate on a base near the border to Gaza, amid the ongoing conflict between Israel and Hamas, as seen from southern Israel, January 7, 2025. (Reuters)
Israeli military vehicles operate on a base near the border to Gaza, amid the ongoing conflict between Israel and Hamas, as seen from southern Israel, January 7, 2025. (Reuters)
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Israel Says No Foreign Courts Have Warrants Issued against Reservists

 Israeli military vehicles operate on a base near the border to Gaza, amid the ongoing conflict between Israel and Hamas, as seen from southern Israel, January 7, 2025. (Reuters)
Israeli military vehicles operate on a base near the border to Gaza, amid the ongoing conflict between Israel and Hamas, as seen from southern Israel, January 7, 2025. (Reuters)

Israel said on Tuesday pressure groups were pushing foreign courts to take action against Israelis over alleged war crimes in Gaza but described the actions as "propaganda activity" and said no warrants had been issued.

The International Criminal Court has issued arrest warrants against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, as well as a Hamas leader, Ibrahim Al-Masri, over alleged war crimes in Gaza.

The warrants sparked outrage in Israel but also drew fears that similar warrants could be issued against Israelis who served in the military in Gaza.

On Sunday, an Israeli reservist on holiday in Brazil left the country after a Brazilian federal judge in Salvador ordered police to open an investigation into allegations that he had committed war crimes while serving with the military in Gaza.

The Hind Rajab Foundation, the pro-Palestinian group which brought the action, says on its website it "focuses on offensive legal action against perpetrators, accomplices and inciters of war crimes and crimes against humanity in Palestine."

The Belgium-based group, named after a Palestinian girl killed in Gaza last year, also said it had filed evidence of alleged war crimes with the ICC against 1,000 Israelis, including video and audio reports, forensic reports and other documentation. The ICC confirmed it had received a filing and said it would "analyze the materials submitted, as appropriate".

Israel's foreign ministry offered assistance to the reservist singled out by the action but officials said the issue was not widespread.

"This is a phenomenon of very limited scope in numbers," foreign ministry director general Eden Bar Tal told reporters in Jerusalem, saying there had been no more than 10-12 cases since the beginning of Israel's campaign in Gaza 15 months ago.

"There was no warrant issued in any of these cases. So it was, I would say, a relatively strong PR activity but with very low, very, very low - zero - in judicial results," he said.

"We believe it's a lot of propaganda activity in general and it's sponsored by entities, a very low number of entities, that have direct connections to terrorist organizations," he said.

Hind Rajab Foundation founder, Dyab Abou Jahjah, posts messages on the social media platform X promising to file legal action against Israeli soldiers and asking for help identifying them. He has also posted messages in support of the Iranian-backed Hezbollah movement, designated as a terrorist organization by many Western countries.

The group did not immediately respond to a request for comment.

The case in Brazil attracted wide attention in Israel, underscoring fears that individuals beyond the government and military leadership could be drawn into the war crimes issue, particularly through social media posts.

The Israeli military has warned reservists that they could face arrest abroad over alleged war crimes in Gaza, according to documents published by Israeli media. The left-wing Haaretz newspaper said complaints against IDF soldiers have been filed in South Africa, Belgium and France as well as Brazil.

However, Rubens Becak, a law professor at the University of Sao Paulo in Brazil, said it was not always straightforward for third countries to respond to suits of this kind.

"Without specific legislation, it becomes very difficult for institutions such as the Federal Police to act in cases like this," he said.