The Biden administration is pushing hard to block a plea deal involving Khalid Sheikh Mohammed, the man often called the mastermind behind the 9/11 attacks, and two other suspects. The Justice Department argues that letting these deals go through would cause serious and lasting harm to both the government and the American people.
In a court filing this week, prosecutors reminded everyone of the gravity of the situation. “These men are accused of committing the worst act of terrorism on American soil in modern history — the 9/11 attacks,” they wrote. The filing was submitted to the U.S. Court of Appeals for the District of Columbia, where the government asked for an emergency halt to a recent decision.
This all began when a Military Commissions judge ruled on December 30 that plea agreements for Mohammed and the other two suspects, Walid bin Attash and Mustafa al-Hawsawi, could proceed. These deals would spare all three from facing the death penalty. Defense Secretary Lloyd Austin had tried to block the agreements last year, but his efforts were struck down by the court. Now, the Justice Department is stepping in, saying the situation is far too important to let slide.
The controversy dates back to November 2024, when a military appeals court said the plea deals could move forward. The Justice Department was outraged, arguing that the court’s decision undermined Austin’s authority. In response, Austin wrote a memo in August 2024, saying decisions this big should rest with him, as the top official overseeing military commissions.
In his memo, Austin announced that he had taken action to stop the deals. He relieved the official who had approved them and reserved the authority for himself. He made it clear that he wasn’t going to let these agreements stand without a fight.
The Justice Department echoed this stance in their latest filing. They warned that allowing the deals would prevent the American people from seeing a full public trial for Mohammed, bin Attash, and al-Hawsawi. They also emphasized the importance of keeping the possibility of the death penalty on the table for these alleged terrorists.
The prosecutors argued that once the plea deals are officially accepted — a process scheduled to begin on January 10, 2025 — the damage would be irreversible. Even if the government later wins its case, it would be too late to undo the consequences. That’s why they’re urgently asking the court to step in and stop the agreements from moving forward, at least until a final decision can be made.
Khalid Sheikh Mohammed, often referred to as the “principal architect” of the 9/11 attacks, and his co-defendants have faced legal proceedings for years. They are accused of planning the devastating terrorist attacks on September 11, 2001, which targeted New York City’s World Trade Center and the Pentagon in Washington, D.C., leaving thousands dead and the nation forever changed.
The plea deals, which were agreed upon last summer, have sparked widespread criticism. Many believe that sparing these men from the death penalty is an injustice to the victims of 9/11 and their families. For now, the battle over these agreements continues, with the Biden administration determined to keep control over such a pivotal case.