The Bad 9/11 Plea Deal Might Be as Good as It Gets

We’ve recently been discussing the 9/11 plea bargain, first agreed to by the Biden–Harris administration and then rescinded after two days of harsh political blowback. (See here and here.) Defense lawyers have accused the government of breach of contract (a plea agreement is a contract), and the military judge has authorized them to investigate whether Defense Secretary Lloyd Austin, who announced the rescission, exercised or was subjected to improper command influence over the case. (See here.)

The plea agreement was filed under seal in court at the Guantanamo Bay naval base, and the full scope of it is not publicly known. But the major terms have been reported: In exchange for guilty pleas to 2,976 murders in the suicide-hijacking atrocities and the waiver of the right to appeal, three of the jihadists — Khalid Sheikh Mohamed (KSM), Mustafa al-Hawsawi, and Walid bin Attash — would be spared the possibility of the death penalty.

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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We’ve recently been discussing the 9/11 plea bargain, first agreed to by the Biden–Harris administration and then rescinded after two days of harsh political blowback. (See here and here.) Defense lawyers have accused the government of breach of contract (a plea agreement is a contract), and the military judge has authorized them to investigate whether Defense Secretary Lloyd Austin, who announced the rescission, exercised or was subjected to improper command influence over the case. (See here.)

The plea agreement was filed under seal in court at the Guantanamo Bay naval base, and the full scope of it is not publicly known. But the major terms have been reported: In exchange for guilty pleas to 2,976 murders in the suicide-hijacking atrocities and the waiver of the right to appeal, three of the jihadists — Khalid Sheikh Mohamed (KSM), Mustafa al-Hawsawi, and Walid bin Attash — would be spared the possibility of the death penalty.

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.