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Defense Secretary Lloyd J. Austin III on Friday overruled the overseer of the war court at Guantánamo Bay and revoked a plea agreement reached earlier this week with the accused mastermind of the Sept. 11, 2001, attacks and two alleged accomplices. Gen. Susan K. Escallier, signed a pretrial agreement on Wednesday with Mr. Mohammed, Walid bin Attash and Mustafa al-Hawsawi that exchanged guilty pleas for sentences of at most life in prison. In taking away the authority, Mr. Austin assumed direct oversight of the case and canceled the agreement, effectively reinstating it as a death-penalty case. He left Ms. Escallier in the role of oversight of Guantánamo’s other cases. Because of the stakes involved, the “responsibility for such a decision should rest with me,” Mr. Austin said in an order released Friday night by the Pentagon.
Persons: Lloyd J, Austin III, Khalid Shaikh Mohammed, Susan K, Escallier, Mohammed, Walid bin Attash, Mustafa al, Austin, ” Mr Organizations: Pentagon, Defense Department Locations: Guantánamo, New York City, Pennsylvania, Brig
Eleven years ago, in 2013, Holder said that Mohammed and his associates would have been “on death row as we speak” had the case gone to federal court as he proposed. But he blamed Congress for blocking a federal trial that would have resulted in swifter justice. They were dealt a bad hand by the political hacks and those who lost faith in our justice system,” Holder said in a statement to NBC News on Thursday. “If my decision to try KSM and his confederates in the tested and effective federal court system had been followed they would be nothing more than a memory today,” Holder said. Sen. Richard Blumenthal, D-Conn., said he’s “long advocated that our federal court system is perfectly capable of conducting this kind of trial” and was well-suited to handling serious crimes.
Persons: Eric Holder, , Holder, ” Khalid Sheikh Mohammed, Walid Muhammad Salih Mubarak Bin ‘ Attash, Mustafa Ahmed Adam al, General Holder, Mohammed, ” Holder, KSM, , ” Eric Holder, Chip Somodevilla, Rudy Giuliani —, Donald Trump’s, , Giuliani, Tsarnaev, William Barr, Trump, George H.W, George H.W . Bush, hadn’t, ” Barr, he’d, he’s, Barr, Alexanda Amon Kotey, Joe Biden’s, Mitch McConnell, McConnell, Sen, Chris Coons, doesn’t, ” Coons, Richard Blumenthal, Conn, “ I’ve, ” Sen, Chris Van Hollen, Biden, Thom Tillis, I’m, ” Tillis, Barack Obama, Hillary Clinton Organizations: WASHINGTON, Guantanamo, Pentagon, CIA, NBC, New York City, Prisons, Boston Marathon, Rockies, Republican, Trump, Justice Department, Islamic State, White, NBC News, House Locations: United States, Guantanamo, Manhattan, Guantanamo Bay, Cuba, America, Pakistan, Caribbean, ADMAX Florence, Colorado, , George H.W ., ADMAX, Florence, Ky
The finding is the latest setback to prosecution efforts to bring the long-running capital cases at Guantánamo Bay to trial. Last week, a military judge threw out the confession of a man accused of plotting the U.S.S. The question of Mr. bin al-Shibh’s sanity, and capacity to help his lawyers defend him, has shadowed the Sept. 11 conspiracy case since his first court appearance in 2008. He has disrupted pretrial hearings over the years with outbursts, and in court and in filings complained that the C.I.A. The five men are accused of conspiring in the plane hijackings in 2001 that killed nearly 3,000 people in New York City, at the Pentagon and in Pennsylvania.
Persons: Ramzi bin al, bin, Khalid Shaikh Mohammed Organizations: Pentagon Locations: Cole, New York City, Pennsylvania
In the nearly 12 years since a prisoner was charged in the bombing of the U.S.S. Cole warship, eight parents of the 17 fallen American sailors have died waiting for a trial to begin. Late this June, just two members of that group were there — a sailor’s father and a naval officer who survived the blast. The bombing of the Cole never garnered the attention of Guantánamo’s better-known prosecution of the five men who are accused of plotting the attacks of Sept. 11, 2001. But the Cole attack came first, on Oct. 12, 2000.
Persons: Cole, Guantánamo’s Locations: U.S, Ukraine
A federal appeals court on Tuesday rejected a bid by a Yemeni prisoner at Guantánamo Bay to have a new military jury reconsider his life sentence for conspiring to commit war crimes as a propaganda chief for Al Qaeda and an aide to Osama bin Laden. Earlier appeals struck down two of the three crimes for which Ali Hamza al-Bahlul was convicted in 2008. His lawyer, Michel Paradis, had argued that a new sentencing jury should be assembled at the base to hear evidence and arguments on whether his remaining conspiracy conviction deserved a lesser sentence. Mr. Paradis also sought reconsideration of the sentence because, a year after Mr. Bahlul’s trial, Guantánamo’s military commission system was overhauled to explicitly prohibit the use of evidence “obtained by the use of torture or by cruel, inhuman, or degrading treatment.”A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit said that the sentence should stand and that the prisoner’s lawyers brought up the question of torture too late in the appellate process.
Persons: Osama bin Laden, Ali Hamza al, Bahlul, Michel Paradis, Paradis, Bahlul’s, , Organizations: Al, U.S ., Appeals, District of Columbia Circuit Locations: Guantánamo, Al Qaeda
More than 20 years have elapsed since the attacks in Bali and Jakarta killed more than 200 people, seven of them Americans. The three men have been in U.S. custody for nearly two decades, starting in C.I.A. But the lawyers and judge are still trying to figure out what portions of the proceedings are supposed to be secret. Secrecy permeates the proceedings like no other American court. It is enough time for prosecutors to signal to a court security officer, who is schooled in C.I.A.
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