Defense attorneys contend the plea deal still stands and suspended participation in the pre-trial hearings while legal challenges to Austin’s action play out
Khalid Sheikh Mohammed shortly after his capture during a raid in Pakistan, on March 1, 2003 in this photo obtained by the Associated Press.Military-run hearings for accused Sept. 11 mastermind Khalid Sheikh Mohammed and two co-defendants at Guantanamo Bay, Cuba, were in upheaval Wednesday following Defense Secretary Lloyd Austin ’s decision to throw out a plea agreement.
“If more political pressure is put on the parties to make a decision one way or the other,” that could build the case for illegal interference in the case, “but … it’s not going to affect me,” McCall said during Wednesday’s hearing. That includes the torture of the defendants while in CIA custody in their first years after being captured, leaving the commission still hammering out legal questions over the effect of the torture on evidence.
Defense lawyers and some legal analysts are challenging whether the laws governing the Guantanamo proceedings allow for that overruling. Gary Sowards, the lead attorney for Mohammed, the accused mastermind of the 9/11 attacks, warned the court on Wednesday that that process alone was likely to take up to two year, adding to the length of a troubled case already well into its second decade.
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