Posted on Mar 21, 2022
Guantánamo prosecutors are exploring plea deals in 9/11 case after years of setbacks
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https://www.npr.org/2022/03/21/ [login to see] /guantanamo-prosecutors-are-exploring-plea-deals-in-9-11-case-after-years-of-setb
More than 20 years after the Sept. 11, 2001, terrorist attacks that killed nearly 3,000 people, the U.S. government is acknowledging that the five men charged with that crime may never face a jury – and may instead receive plea deals.
Settlement talks are underway at the U.S. military court in Guantánamo Bay, Cuba, that would allow alleged 9/11 architect Khalid Shaikh Mohammed and his four co-defendants to plead guilty, avoid the death penalty, and serve life in prison — although some of them may try to negotiate lesser sentences.
The discussions taking place between prosecutors and defense attorneys are a tacit admission that Guantánamo's problem-plagued military court, where the 9/11 case has remained in the pre-trial stage for years, is unlikely to be able to take the men to trial, let alone win convictions.
From the beginning, the case has been mired in delays, setbacks and inefficiencies. Lawyers are still trying to resolve basic constitutional questions, arguing over what evidence can be admitted, and struggling with frequent personnel turnover, including of judges — all while having to fly back and forth to Cuba for hearings. The pandemic worsened the situation, causing a nearly two-year pause in proceedings.
More than 20 years after the Sept. 11, 2001, terrorist attacks that killed nearly 3,000 people, the U.S. government is acknowledging that the five men charged with that crime may never face a jury – and may instead receive plea deals.
Settlement talks are underway at the U.S. military court in Guantánamo Bay, Cuba, that would allow alleged 9/11 architect Khalid Shaikh Mohammed and his four co-defendants to plead guilty, avoid the death penalty, and serve life in prison — although some of them may try to negotiate lesser sentences.
The discussions taking place between prosecutors and defense attorneys are a tacit admission that Guantánamo's problem-plagued military court, where the 9/11 case has remained in the pre-trial stage for years, is unlikely to be able to take the men to trial, let alone win convictions.
From the beginning, the case has been mired in delays, setbacks and inefficiencies. Lawyers are still trying to resolve basic constitutional questions, arguing over what evidence can be admitted, and struggling with frequent personnel turnover, including of judges — all while having to fly back and forth to Cuba for hearings. The pandemic worsened the situation, causing a nearly two-year pause in proceedings.
Guantánamo prosecutors are exploring plea deals in 9/11 case after years of setbacks
Posted from npr.org
9/11
Law
Guantanamo Bay
Terrorism
Posted 2 y ago
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PO1 William "Chip" Nagel
..."It is also unclear where they would serve their prison sentences. If President Biden wants to shut down Guantánamo, he can't leave a handful of men in its military prison, which spends an estimated $13 million per prisoner per year. A law passed in 2015 prevents Guantánamo prisoners from entering the U.S. for any reason, but if that is repealed they could be held in the federal supermax prison in Colorado.
The men could also be imprisoned in a different overseas location, but that is not a simple process because the U.S. would have to find countries willing to accept them.
Defense lawyers for the 9/11 defendants have said that if the men receive prison sentences, they would prefer to remain at Guantánamo because they have gained increasing freedoms and amenities there over the years. If they are sent elsewhere, they could find themselves in a much harsher place.
"The prospect of serving a life sentence in a supermax was more terrifying to the defendants than capital punishment," Brown said.
Guantánamo's prison now holds 38 men, down from nearly 800 people over the years. In addition to the five 9/11 defendants, five more face pending charges for crimes unrelated to 9/11, but the majority are so-called "forever prisoners" who have never been charged and are being held indefinitely, in some cases for as long as two decades so far.
Half of the remaining prisoners have been cleared for release but will stay behind bars until the U.S. can find countries to repatriate them."
..."It is also unclear where they would serve their prison sentences. If President Biden wants to shut down Guantánamo, he can't leave a handful of men in its military prison, which spends an estimated $13 million per prisoner per year. A law passed in 2015 prevents Guantánamo prisoners from entering the U.S. for any reason, but if that is repealed they could be held in the federal supermax prison in Colorado.
The men could also be imprisoned in a different overseas location, but that is not a simple process because the U.S. would have to find countries willing to accept them.
Defense lawyers for the 9/11 defendants have said that if the men receive prison sentences, they would prefer to remain at Guantánamo because they have gained increasing freedoms and amenities there over the years. If they are sent elsewhere, they could find themselves in a much harsher place.
"The prospect of serving a life sentence in a supermax was more terrifying to the defendants than capital punishment," Brown said.
Guantánamo's prison now holds 38 men, down from nearly 800 people over the years. In addition to the five 9/11 defendants, five more face pending charges for crimes unrelated to 9/11, but the majority are so-called "forever prisoners" who have never been charged and are being held indefinitely, in some cases for as long as two decades so far.
Half of the remaining prisoners have been cleared for release but will stay behind bars until the U.S. can find countries to repatriate them."
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