Congressional Republicans are taking legislative action to prevent the White House from finalizing plea agreements with individuals suspected of involvement in the 9/11 attacks. This move comes as the Biden administration recently transferred 11 detainees from Guantanamo Bay to Oman.
The proposed legislation, spearheaded by Senator Tom Cotton, Chair of the Intelligence Committee, and Senator Mitch McConnell, aims to reinstate the death penalty as a potential punishment for those convicted in the attacks. A pretrial agreement had previously removed capital punishment as a sentencing option.
Known as the Justice for 9/11 Act, the bill mandates a trial for the accused 9/11 plotters and ensures the death penalty remains a sentencing possibility. Furthermore, it stipulates that the defendants must be held in solitary confinement at Guantanamo Bay and prohibits their transfer to other countries. This comes as President Biden continues efforts to reduce the detainee population at the facility.
Representative Mike Lawler is introducing a companion bill in the House. With Republicans holding majorities in both chambers of Congress, the legislation has a strong chance of passing.
Lawler criticized the Biden administration's offer of plea deals without the death penalty, calling it a betrayal of 9/11 victims, their families, and first responders. He emphasized the bill's intent to nullify the existing plea agreement and prevent similar deals in the future.
The trials related to the 9/11 attacks have been plagued by decades of delays, stemming from administrative issues, legal debates over the admissibility of evidence obtained through torture, and the COVID-19 pandemic. The proposed plea deal was intended to expedite the resolution of three of these cases.
Senator Cotton condemned the potential release of the accused, while Senator McConnell reiterated the importance of bringing those responsible for 9/11 to justice.
Earlier this year, Secretary of Defense Lloyd Austin attempted to revoke the plea deals for three detainees, including Khalid Sheikh Mohammed, but a military appeals court ruled against this action, upholding the validity of the agreements. The Pentagon could potentially appeal this decision to the D.C. Circuit federal appeals court, but there's no indication yet that they have done so. Hearings are scheduled for this week at Guantanamo Bay where Mohammed and two other defendants could enter guilty pleas without facing the death penalty.
President Biden's move to reduce the Guantanamo Bay population fulfills a campaign promise to close the facility, which has been criticized for its high operational costs and history of torture allegations. The recent transfer of 11 Yemeni detainees to Oman brings the total number of prisoners at Guantanamo to its lowest point since 2002, with only 15 remaining.
