A Pentagon appeals court has upheld a plea deal for the 9/11 orchestrators, preventing them from facing the death penalty. The court ruled that the government's actions were justified and that the plea deal is valid.
A Pentagon appeals court upheld the plea deal given to the 9/11 orchestrators, which would spare them the death penalty . The ruling pertains to KSM et al. (24-001) (Mohammad along with Walid Muhammad Salih Mubarak Bin ‘Attash, and Mustafa Ahmed Adam al Hawsawi): (26) 24-001 Moh., KSM – CMCR court denying the petition for a writ of mandamus and prohibition, finding the government (i) satisfied the first Cheney test, 542 U.S.
at 380-81, because the military judge’s vacatur of the Secretary of Defense’s memorandum pertaining to future pretrial agreements was a clear abuse of discretion, but (ii) did not satisfy the second Cheney test because it had an adequate means to obtain desired relief through direct appeal, and therefore finding it (iii) unnecessary to consider the third Cheney test about appropriateness of writ under the circumstances.Reported part of a letter from Aaron C. Rugh, the chief prosecutor for military commissions, and his team: “In exchange for the removal of the death penalty as a possible punishment, these three accused have agreed to plead guilty to all of the charged offenses, including the murder of the 2,976 people listed in the charge sheet.”Austin sent the memo to Susan Escallier, the convening authority for military commissions, who signed the agreement about the plea deals. “I have determined that, in light of the significance decision to enter into pre-trial agreements with the accused in the above-referenced case, responsibility for such a decision should rest with me as the superior convening authority under the Military Commissions Act of 2009,”. “Effective immediately, I hereby withdraw your authority in the above-referenced case to enter into a pre-trial agreement and reserve such authority to myself.”Austin “acted too late and beyond the scope of his authority when he rescinded the three separate pretrial agreements.”Austin did not return until after prosecutors told the victims’ families about the plea deal
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