The Pentagon intends to appeal the latest military court decision, which upheld Defense Secretary Lloyd Austin’s decision. void the plea agreements of several accused 9/11 conspirators not right, a defense official tells NBC News.
“We intend to request a postponement of any hearings on the claims or pre-trial settlements during this time,” he said.
Prosecutors announced in July entered into pre-trial plea agreements With Khalid Sheikh Mohammed, Walid Mohammed Salih Mubarak Bin Attash and Mustafa Ahmad Adam al Hawsawi. The deal would have allowed them to plead guilty to lesser charges barring the death penalty.
But in a shocking move days later, Austin withdrew the controversial plea agreements and fired Susan Escallier, the convening authority for military commissions. Austin wrote in a letter to Escallier that “responsibility for such a decision must rest with me.”
Three are being tried in a military commission because they are considered enemy combatants.
Muhammad is accused of masterminding the 9/11 attacks that killed 2,977 people. He and several other defendants, including two others who entered into plea agreements, were initially charged and convicted in 2008 for their alleged roles in the attack.
The three inmates filed for guilty pleas, arguing that Austin’s decision violated the rules. A judge in the case agreed last week, ruling that Austin had acted beyond his authority to invalidate the plea deals and declared the plea deals valid and enforceable.