US reaches deal with alleged mastermind of 9/11 attacks

The US has reached a plea deal with alleged 9/11 mastermind Khalid Sheikh Mohammed and two other defendants accused of planning the 2001 terrorist attacks, according to the US Defense Department.

The pre-trial agreement — reached after 27 months of negotiations — drops the death penalty for Mohammed, Walid Bin ‘Attash and Mustafa al Hawsawi, prosecutors said in a letter, obtained by CNN sent to the families of victims and survivors of 9/11 shortly before the Department of Defense announced the news in a press release Wednesday night (31).

After negotiations began in March 2022, the three men agreed to plead guilty to all charges, including the murder of the 2,976 people listed in the charge sheet, their families were informed.

Mohammed and his co-defendants will plead guilty at a plea hearing that could take place as early as next week, according to the letter.

“We recognize that the status of the case in general, and this news in particular, will understandably and appropriately evoke intense emotion, and we also realize that the decision to enter into a pretrial settlement will be met with mixed reactions among the thousands of family members who have lost loved ones,” prosecutors wrote in the letter. “The decision to enter into a pretrial settlement after 12 years of pretrial litigation was not made lightly; however, it is our collective, reasoned, and good faith judgment that this resolution is the best path toward finality and justice in this case.”

‘The least worst deal’

The plea agreement avoids what would have been a long and complicated death penalty trial against Mohammed.

“This is the least worst deal that could happen in the real world,” said Peter Bergen, a terrorism expert and national security analyst at CNN who wrote extensively about Osama bin Laden.

The government faced the daunting challenge of advancing a case that had been stalled for two decades since Mohammed’s capture in Pakistan in 2003 for his alleged involvement in the terror attacks.

“They were still in pre-trial hearings,” Bergen told CNN . “Getting some kind of deal is better.”

In 2008, Mohammed was charged with a list of crimes, including conspiracy, murder in violation of the laws of war, attack on civilians, attack on civilian objects, intentionally causing grievous bodily harm, destruction of property in violation of the laws of war, and terrorism and material support for terrorism. The US said it would seek the death penalty for Mohammed.

But the military trial against Mohammed and his allies has been delayed for years as the United States has tried to determine how to deal with the issue of torture used against Mohammed and others in secret CIA prisons in the 2000s. The issue posed a legal challenge for prosecutors over whether evidence obtained through torture was admissible in court.

The trial was scheduled to begin on January 11, 2021, but delays caused by the resignation of two judges and the coronavirus pandemic have pushed the date back again.

The three alleged conspirators still face a sentencing hearing, where the parties will present evidence to argue for an appropriate sentence less than the death penalty. That sentencing hearing will not take place until next summer, according to the letter sent to the families.

“During the sentencing hearings in this case, there may be an opportunity for a member of your family to testify about the impact the September 11 attacks had on you and your loved ones, and to provide a victim impact statement that will be considered by the military jury in determining a sentence,” prosecutors said in the letter.

The letter notes that prosecutors met with the families to get feedback on potential plea agreements, as required by law.

As part of the agreement, the defendants agreed to answer written questions from surviving victims and victims’ families about their roles and reasons for carrying out the attacks.

Families now have 45 days to submit questions to be answered by the end of the year, the letter says. According to the letter, prosecutors plan to travel to meet in person with the families this fall to discuss plea agreements.

Victims’ families criticize agreement

But some families criticized the plea agreements on Wednesday.

Brett Eagleson, president of 9/11 Justice, an organization representing 9/11 survivors and victims’ families, said in a statement that the families are “deeply disturbed by these plea agreements” and pressed for more information about Saudi Arabia’s involvement in the attacks.

“While we acknowledge the decision to avoid the death penalty, our primary concern remains access to information for these individuals. These plea deals should not perpetuate a system of closed-door settlements where crucial information is withheld without giving victims’ families the opportunity to learn the full truth.”

“We urge the administration to ensure that these agreements do not close the door on critical information that could shed light on Saudi Arabia’s role in the September 11 attacks. Our pursuit of justice will not waver until the full truth is revealed and justice is served for the victims and their families,” Eagleson said.

Terry Strada, national president of 9/11 Families United, said the news was a punch in the gut as she walked out of a Manhattan federal courthouse Wednesday afternoon after a daylong hearing in the families’ ongoing litigation with the Kingdom of Saudi Arabia.

Strada expressed concern that news of the plea deal would overshadow recently revealed evidence in the families’ fight to hold Saudi Arabia accountable for its alleged role in the terrorist plot. The kingdom has denied any involvement in the attacks.

“None of the family knew this was going to happen,” she said. “I’m very suspicious of the timing of the plea deal. This is the biggest day in our entire case. The biggest day in 23 years of trying to get justice for the murder of our loved ones. And they’re offering these guys a plea deal.”

It is unclear where Mohammed and his co-defendants will serve their sentences.

The Biden administration has made it a priority to close the Guantanamo Bay detention center in Cuba, where the defendants were being held, repatriating several detainees who were no longer considered significant threats to national security. But dozens of detainees remain at the facility.