On Thursday, U.S. President Joe Biden faced calls from legal advocacy groups to adhere to a military judge’s decision to reinstate plea deals concerning three men accused of orchestrating the attacks on September 11, 2001. Moreover, there is a push to relocate 19 detainees from Guant\u00e1namo Bay who have not been charged with any crimes.<\/p>\n
This summer, Brig. Gen. Susan Escallier, who oversees the contentious military commissions at Guant\u00e1namo Bay, finalized plea agreements with Khalid Sheikh Mohammed, Walid bin Attash, and Mustafa al-Hawsawi. Under these agreements, the three would serve life sentences, avoiding the death penalty. However, U.S. Defense Secretary Lloyd Austin quickly canceled these deals, which led to backlash from some families of the victims and legal authorities. On Wednesday, Col. Matthew N. McCall ruled in a 29-page document that the Defense Secretary did not possess the authority to nullify these agreements, declaring them “valid and enforceable” and calling for the scheduling of plea hearings.<\/p>\n
The Pentagon’s next steps remain uncertain. Maj. Gen. Patrick Ryder, a Pentagon spokesperson, informed The New York Times<\/em> that the decision is currently under review and no further details are available at this moment. Nonetheless, legal groups are pressing the Biden administration to accept the judge\u2019s ruling.<\/p>\n Anthony D. Romero, the ACLU\u2019s executive director and representative for Mohammed, expressed in a statement on Thursday that Judge McCall correctly identified an overreach by Defense Secretary Austin. Romero highlighted that this marks a return to a viable solution after almost two decades of court proceedings. He emphasized, “The decision to settle for a life sentence rather than pursuing the death penalty for Khalid Sheikh Mohammed was always the correct decision. The U.S. has defended its use of torture and unconstitutional military tribunals at Guant\u00e1namo Bay for far too long. As a country, it’s time we proceed with the plea and sentencing hearings, providing the victims\u2019 families with the transparency and closure they deserve regarding the tragic loss of their loved ones.”<\/p>\n Romero further argued that the plea agreement highlights the incompatibility of the death penalty with the core values of democracy, describing it as inhumane, unfair, and unjust. He urged the government to expedite the transfer of men who have been cleared and to put an end to indefinite detentions and unjust trials at Guant\u00e1namo.<\/p>\n The Center for Constitutional Rights (CCR), which represents two of the 19 men at Guant\u00e1namo who have not been charged, also released a statement on Thursday urging the administration to accept the judge’s ruling and prioritize the transfers. The CCR stated, “The Biden administration should not appeal this decision. After over two decades of litigation and uncertainty for the victims’ families, these plea deals represent the only responsible way to conclude the 9\/11 case. The President should seize this moment to transfer the remaining 19 uncharged men from Guant\u00e1namo, including our clients Guled Hassan Duran and Sharqawi al Hajj, 16 of whom have already been approved for transfer by all relevant agencies as they pose no security threat.”<\/p>\n The group emphasized that these actions are crucial for President Biden to fulfill his commitment to close down the notorious site, which has become a symbol of torture and indefinite detention.<\/p>\n With the recent election results indicating former President Donald Trump’s return to the White House in January, Biden\u2019s window to make significant decisions regarding Guant\u00e1namo and its detainees is closing. The U.S. prison at Guant\u00e1namo was established by President George W. Bush in January 2002 as part of the global War on Terror, following the 9\/11 attacks. Despite efforts by former President Barack Obama, Biden has yet to close the facility, and Trump had previously taken measures to keep it operational.<\/p>\n According to Lawdrawgon<\/em>, the plea deals for Mohammed and al-Hawsawi included clauses that removed the death penalty, stipulating that even if Austin\u2019s actions were deemed lawful, the case would not involve capital punishment. These clauses were included to safeguard the agreements against potential disruptions by a future Trump administration.<\/p>\n Amidst these developments, Amnesty International has called on Biden to execute six critical actions before his term concludes, emphasizing the transfer of all detainees who have been cleared for release or have not been charged, to halt the military commissions, resolve the remaining cases fairly, and ultimately close the Guant\u00e1namo facility for good.<\/p>\n\n\nLegal and Human Rights Groups Demand Action<\/h2>\n