Washington— The Republican-led House Oversight and Accountability Committee opened an investigation into whether the White House was involved in it a plea deal struck by military prosecutors with the alleged architect of the 9/11 terror attacks and two other defendants.
GOP Representative James Comer of Kentucky, chairman of the Oversight panel, sent a letter to President Biden on Friday asking for information about the pretrial agreement reached with three defendants: Khalid Shaikh Mohammad, who is accused of masterminding the attack, and two of his own. accomplices, Walid Muhammad Salih Mubarak Bin ‘Attash and Mustafa Ahmed Adam al Hawsawi.
The three were arrested by the US in 2003, but their prosecution has been stalled by years of legal delays over whether evidence obtained during interrogations at a secret CIA prison could be used in court. He was transferred to Guantanamo Bay, Cuba, in 2006 and formally charged in 2008.
The Pentagon confirmed the plea deal in a brief press release Wednesday, which said only that prosecutors had entered into pretrial agreements with the three detainees. The Defense Department said the specific terms and conditions of the deal were not yet publicly available. But the families of the 9/11 victims were told in a letter by prosecutors that the men had agreed to plead guilty to conspiracy and murder charges in exchange for life sentences, eliminating the death penalty as punishment.
In the deal, the defendants agreed to respond to questions raised by family members about their roles and reasons for carrying out the September 11, 2001 attacks.
But Terry Strada, the national chairman of 9/11 Families United, joked that it could help families heal.
“Why would any family member want to hear from him?” she said. “He’s not going to suddenly say, ‘I’m sorry,’ or give an honest answer. The answer he’s going to give is to send whatever message his followers want.”
Surveillance Investigation
A National Security Council spokesman said the White House was aware of the pretrial agreement negotiated by military prosecutors when it was announced by the Pentagon, and that neither the president nor the White House had a role in the process.
National security adviser Jake Sullivan said Thursday that he, Mr. Biden and Vice President Kamala Harris were not involved.
“We were informed yesterday, the same day they came out and publicly (said) that the pretrial agreement has been accepted by the convening authority,” he told reporters. “What the president did when he became aware of this was to direct his team to consult with officials and lawyers at the Department of Defense on this matter. Those consultations are ongoing.”
But Comer, the Oversight chairman, said his panel had questions about the White House’s role in the decision to sign the deal and “concerns” about what he said was a lack of transparency about the deal.
“You have allowed these terrorists to avoid the death penalty, signaling to our enemies that the United States is unwilling to pursue justice against those who attack our nation,” he wrote.
The pretrial agreement was reached after 27 months of negotiations and was approved by senior Pentagon officials overseeing the military tribunal at Guantanamo Bay. Comer said the event took place during the Biden administration and criticized the White House for saying it had no role in the discussions.
“That White House officials and you, as the president and commander-in-chief, will try to distance your administration from this decision is understandable because it is unreasonable, but not credible or appropriate,” he wrote.
He set the August 16 deadline for the White House to turn over eight tranches of material, including unredacted copies of the agreement, and communications with the Department of Defense and the Department of Justice in relation to the deal and the case.
In addition to Comer’s investigation, Senator Tom Cotton, an Arkansas Republican, introduced legislation to revoke the plea deal and require the three detainees to be held in solitary confinement at Guantanamo and prohibit their extradition to other countries.
“Gut punch” for the victim’s family
Pentagon to the families of the 9/11 victims last year that plea agreements were considered for Mohammad and other Guantanamo detainees. Nearly 3,000 people were killed in a terror attack more than 20 years ago, when two hijacked planes struck the World Trade Center in New York City; the third hit the Pentagon outside Washington, DC; and four crashed into the Pennsylvania field. The fourth flight headed for Washington and, due to the actions of the passengers, was the only plane that did not reach its intended destination.
News of the deal outraged the victims’ families, some of whom learned about it after a day in a Manhattan federal courtroom, where lawyers presented evidence in their case against the Kingdom of Saudi Arabia for its alleged role in the attack. For them, the news was a “gut tip.”
“It was a physical reaction, as well as an emotional one to hear that there was an agreement,” Strada said. “We didn’t know it was coming, so it was a shock. And to hear on the same day that they were processing all this new evidence that we had never seen or heard before, just sent me almost. into a talespin.”
Strada said he supported Comer’s investigation, calling for “full transparency” into the deal.
“It felt like a betrayal,” he said. “This is not justice. Taking a plea deal and telling them they don’t have to face the death penalty — that’s what they want. It’s a victory for them. I want a victory for us. I want a victory for my late husband. .”