Congressman Rogers raises objections to plea agreement for 9/11 planners: Austin revokes plea deal

Friday, March 2, 2024 Washington D.C. the Pentagon announced on Thursday that it has reached a plea agreement with Khalid Shaikh Mohammed, Walid Muhammad Salih Mubarak Bin Attash, and Mustafa Ahmed Adam al Hawasawi who planned the September 11, 2001 attack that killed thousands of Americans in New York, Washington, and Pennsylvania. U.S. Representative Mike Rogers (R-Saks), the Chairman of the House Armed Services Committee, demanded answers from Secretary of Defense Lloyd Austin on the plea agreement that would have prevented the U.S. from imposing the death penalty on the terrorist masterminds.

In the letter, Chairman Rogers wrote, "Dear Secretary Austin: I, along with much of our nation and Congress, are deeply shocked and angered by news that the terrorist mastermind and his associates who planned the September 11, 2001 terror attacks, which killed nearly 3000 innocent people, were offered a plea deal. Tragically, the news is a "gut punch" to many of the victims' families."

"It is unconscionable that the Biden-Harris Administration would allow such a plea deal," Chairman Rogers continued. "You, Mr. Secretary, are the Cabinet Member with ultimate oversight of the Office of Military Commissions. Your Department allowed a plea deal with Khalid Shaikh Mohammed and his band of killers."

"Deals like this give hope to terrorists throughout the world that America is not willing to hold the worst of the worst accountable for their wicked crimes," Rogers continued. "In short, this deal signals willingness to negotiate with terrorists who deliberately harm Americans. To that end, please provide the following to the House Armed Services Committee by August 23, 2024:"

"All documents and communications containing terms, conditions, agreements, side-deals, or any mutually developed, related, conditional, or linked agreements with any party relating to terms and conditions of the plea agreements reached with terrorists Khalid Shaikh Mohammed, Walid Muhammad Salih Mubarak Bin Attash, and Mustafa Ahmed Adam al Hawsawi;"

"Unaltered and complete copies of plea agreements offered to the terrorists identified in (1); All documents and communications regarding the effectuation of any military commission sentencing outcome created, modified, or altered since January 20, 2021, including those regarding a convicted person serving a period of confinement outside of Guantanamo Bay, Cuba; All documents and communications concerning or among officials in the Biden-Harris Administration concerning the foregoing plea deal; All documents and communications associated with or presented to the terrorists as part of the foregoing plea deal; and, All documents and communications related to discussions or plans related to the Biden-Harris Administration's plans to repatriate terrorists held at Guantanamo Bay, ongoing or contemplated prosecution plea deals with other Guantanamo Bay detainees, and any strategy, policy guidance, or other plans to permanently close Guantanamo Bay detention facilities."

"Thank you for your immediate attention to this request. The Committee on Armed Services, under Rule X, clause 1 of the Rules of the House of Representatives ("House Rules"), maintains oversight jurisdiction over the Department of Defense generally. Moreover, under the House Rules, the Committee on Armed Services derives its authority to conduct oversight from, among other things, clause 2(b)(1) of Rule X (relating to general oversight responsibilities), clause 3(b) of Rule X (relating to special oversight functions), and clause 1(b) of rule XI (relating to investigations and studies)," Rogers concluded.

Following receiving the letter from Chairman Rogers, Austin revoked the plea agreement.

Austin said in a news release that he believes that given the significance of the case, responsibility on what happens to the prisoners held at Guantanamo Bay "should rest with me as the superior authority under the Military Commissions Act of 2009."

Retired Brigadier General Susan K. Escallier had signed a pretrial agreement Wednesday.

In the Friday memo, the Pentagon secretary wrote "effective immediately, in the exercise of my authority, I hereby withdraw from the three pretrial agreements that you signed on July 31, 2024." The New York Times first reported the memo.

Escallier's approval of the plea deal drew blowback from some families of the victims, New York City firefights and high-profile Republicans including Rogers.

Republicans are blaming President Joseph R. Biden and Vice President Kamala D. Harris. The White House said it did not play a role in the negotiations.

To connect with the author of this story, or to comment, email brandonmreporter@gmail.com