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Three of the five accused in the 9/11 attacks held at Guantanamo Bay, including the purported architect Khalid Sheikh Mohammed, have entered a plea deal with the prosecution, as disclosed by the Department of Defense on Wednesday.
Gary B. Sowards, Mohammed’s chief lawyer, told ABC News that the deal excludes capital punishment, ensuring Mohammed will receive a life sentence.
The proceedings against the five alleged conspirators had been entangled in continuous legal setbacks for nearly ten years. The Defense Department, however, has not released the specific clauses of the pre-trial agreements.
The other two defendants agreeing to the plea aside from Mohammed are Walid Muhammad Salih Mubarak Bin Attash and Mustafa Ahmed Adam al Hawsawi.
Early on Wednesday, families of those killed in the attacks were notified about the plea agreement through a letter from Rear Admiral Aaron Rugh, the main prosecutor in the case. According to the letter, which ABC News obtained, the removal of the death penalty comes in return for the defendants’ guilty pleas to all charges, including the murder of 2,976 individuals. A military officer panel will determine their sentencing.
Additionally, the three have pledged to answer queries from recognized family members of 9/11 victims concerning their involvement and motives behind the attacks, committing to deliver their answers within 90 days.
Patrick White, relative of Louis Nacke II who died on United 93 during an attempt to reclaim the plane from hijackers, expressed to ABC News his contentment with the outcome, highlighting the importance of the guilty acknowledgement in the healing process.
The White House National Security Council spokesperson relayed that the White House was informed on Wednesday about the pretrial agreements, noting that the President and his team were uninvolved in the negotiation process.
Two other defendants have not joined the plea deal, with one, Ammar al Baluchi, likely to face trial at Guantanamo. The other, Ramzi bin al Shibh, was declared mentally unfit for trial by a military judge last September.
Brett Eagleson, president of 9/11 Justice, expressed dissatisfaction over the plea arrangements, pushing for greater transparency and access to the defendants for information. Meanwhile, the ACLU welcomed the decision to forgo the death penalty, labeling it a just and necessary outcome after prolonged legal battles and challenging the constitutionality of military tribunals and torture at Guantanamo Bay.
Previously, in September, ABC News reported President Joe Biden’s rejection of certain demands set by the defendants for initiating plea discussions, aligning with the recommendations from U.S. Secretary of Defense Lloyd Austin. These demands were linked to their confinement conditions and medical treatments for injuries claimed to result from CIA interrogation in “black prisons.”
This plea agreement resolves a portion of the protracted legal proceedings since the suspects were transferred to Guantanamo Bay in 2006, following their alleged orchestration of the deadliest terrorist attack on U.S. soil on September 11, 2001, which left nearly 3,000 people dead.