AP (NEW)

Lawyer for news organizations presses Guantanamo judge to make public a plea deal for 9/11 accused

Oct 11, 2024, 4:53 PM | Updated: 5:04 pm

FILE - In this photo reviewed by U.S. military officials, the control tower of Camp VI detention fa...

FILE - In this photo reviewed by U.S. military officials, the control tower of Camp VI detention facility is seen on April 17, 2019, in Guantanamo Bay Naval Base, Cuba. (AP Photo/Alex Brandon, File)
Credit: ASSOCIATED PRESS

(AP Photo/Alex Brandon, File)

FORT MEADE, Md. (AP) — A lawyer for news organizations urged the U.S. military commission at Guantanamo Bay to unseal the plea deal struck with accused 9/11 mastermind Khalid Sheikh Mohammed and two others, saying the public has a constitutional right and compelling need to follow one of the “most-disputed, debated, argued-about prosecutions that have happened in this country.”

The plea agreement was reached in August by the three accused, their U.S. government prosecutors and the Guantanamo commission’s top official, but it was abruptly revoked by Defense Secretary Lloyd Austin days after it became public. It has become one of the most fiercely debated chapters in more than a decade of military hearings related to the Sept. 11, 2001, attacks, which killed nearly 3,000 people and triggered long-running U.S. military invasions abroad.

The plea agreement would have spared Mohammed and two co-defendants the risk of the death penalty, in exchange for their guilty pleas in the al-Qaida attacks.

After news of the deal broke, however, top Republican lawmakers denounced it and the White House expressed concerns. Families of the victims variously expressed shock and approval of the plea deal, which was aimed at resolving more than a decade of pre-trial hearings in a legally troubled case for the government.

Austin said in revoking the military commission’s approval of the plea bargain that he had decided responsibility for any such grave decision should rest with him as secretary of defense. Mohammed and the two co-defendants have filed challenges, saying Austin’s action was illegal and that the actions by the Biden administration, lawmakers and others amounted to undue outside influence in the case.

Seven news organizations — Fox News, NBC, NPR, The Associated Press, The New York Times, The Washington Post and Univision — challenged the sealing of the plea deal.

Friday’s hearing highlighted the ad hoc nature of the military commission, which U.S. leaders created to try accused violent extremists in the wake of the 2001 attacks. The lawyers and judge pivoted Friday between civilian and military legal precedents in arguing for and against making terms of the plea agreement public.

The hearing also highlighted the obstacles facing the public, including news organizations, in obtaining information about proceedings against the 9/11 defendants and the few dozen other remaining detainees at Guantanamo Bay, Cuba. In civilian courts, a plea agreement is traditionally a matter of public record.

Both defense and prosecution lawyers in the case asked the commission judge, Air Force Col. Matthew McCall, to deny the news organizations’ request to make the plea deal public.

They argued that allowing the public to know all the terms of the deal that the government struck with defendants Mohammed, Walid bin Attash and Mustafa al-Hawsawi could wait. Prosecutors and defense lawyers offered different proposals for how long to wait — until after any rulings on challenges to Austin’s overturning of the plea deal, or until after any military sentencing panel is ever seated in the case, or forever.

Prosecutors were concerned about an “oversaturation of information” about the men’s willingness to plead guilty tainting any future sentencing panel, lead prosecutor Clay Trivett told McCall.

Defense lawyer Walter Ruiz, representing Hawsawi, said “press gluttony and greed” for profits was driving the news media request to make the terms public. Ruiz criticized news organizations for making the existence of the plea bargain public, and said they were seeking to add to “the very debate they helped to create that impacted this process.”

Lawyer David Schulz, representing the seven news outlets, argued that the Guantanamo court had failed to show any level of threat to the conduct of the 9/11 hearings that warranted hamstringing the public’s legal rights to know what courts and the government at large are doing.

“It’s just inappropriate to have a knee-jerk reaction and say, ‘Well, we have to keep all this from the press,’ Schulz told McCall. ”Particularly in this context … of one of the most disputed, debated, argued-about prosecutions that have happened in this country involving … the most horrendous crime that ever happened on American soil.”

“People have a right to know what’s happening here, and they have a right to know now, two or three years from now, or whatever,” Schulz said.

McCall indicated a decision on the motion to unseal could come as soon as November.-

KSL 5 TV Live

AP (New)

In this still image from video provided by KEYT, law enforcement work on a scene following an explo...

Associated Press

California man charged with using ‘weapon of mass destruction’ in courthouse explosion

A California man is facing new federal charges after being arrested in a courthouse bomb attack that injured five people last month, prosecutors said Wednesday.

12 days ago

7th April 1974:  Swedish pop group Abba, winners of the 1974 Eurovision Song Contest.  (Photo by Ev...

Associated Press

ABBA, Radiohead and The Cure musicians sign AI protest letter against ‘unlicensed use’ of works

Musicians from ABBA, Radiohead and The Cure have joined actors and authors in signing a protest letter against the mining of their artistry to build artificial intelligence tools.

13 days ago

FILE - Lina Khan, then the nominee for Commissioner of the Federal Trade Commission (FTC), speaks a...

Associated Press

FTC’s rule banning fake online reviews goes into effect

A federal rule banning fake online reviews is now in effect.

14 days ago

FILE - Sean "Diddy" Combs arrives at the LA Premiere of "The Four: Battle For Stardom" at the CBS R...

Associated Press

Facing 7 more lawsuits, Sean ‘Diddy’ Combs protests a ‘fresh wave of publicity’

Seven new lawsuits have been filed against Sean ‘Diddy’ Combs, including one alleging the rape of a 13-year-old girl. They come as his lawyers tried again Monday to get him freed on bail, and complained that a “fresh wave of publicity” is endangering his right to a fair criminal trial.

14 days ago

FILE - The Google building is seen in New York, Feb. 26, 2024. (AP Photo/Seth Wenig, File)Credit: A...

Associated Press

One of the largest solar projects in the US opens in Texas, backed by Google

One of the largest solar projects in the U.S. opened in Texas on Friday, backed by what Google said is the largest solar electricity purchase it has ever made.

17 days ago

FILE - A man walks near a flooded area near the Swannanoa river, effects from Hurricane Helene , Fr...

Associated Press

After hurricane, with no running water, residents organize to meet a basic need

It takes water to flush a toilet and tens of thousands of North Carolinians have been without it since Hurricane Helene ripped through the state three weeks ago.

19 days ago

Sponsored Articles

abstract vector digital social network technology background...

Les Olson

Protecting yourself against social engineering attacks

Learn more about the common types of social engineering to protect your online or offline assets from an attack.

family having fun at home...

Lighting Design

Discover the impact of lighting on your mood

From color temperature to lighting saturation, we tackle how different lighting design setups can impact your day-to-day mood.

Laptops in a modern technology store. Department of computers in the electronics store. Choosing a ...

PC Laptops

How to choose the best laptop for college students

Finding the right laptop for college students can be hard, but with this guide we break down what to look for so you can find the best one.

young male technician is repairing a printer at office...

Les Olson

Unraveling the dilemma between leasing and buying office technology

Carefully weigh these pros and cons to make an informed decision that best suits your business growth and day-to-day operation. 

A kitchen in a modern farmhouse....

Lighting Design

A room-by-room lighting guide for your home

Bookmark this room-by-room lighting guide whenever you decide to upgrade your lighting or style a new home.

Photo courtesy of Artists of Ballet West...

Ballet West

The rising demand for ballet tickets: why they’re harder to get

Ballet West’s box office is experiencing demand they’ve never seen before, leaving many interested patrons unable to secure tickets they want.

Lawyer for news organizations presses Guantanamo judge to make public a plea deal for 9/11 accused