(Courthouse News) A D.C. Circuit panel ruled Friday that the United States can back out of a plea deal with the accused mastermind of the 9/11 attacks and his two co-defendants, setting back the already long-running case and opening the door for potential death sentences.
The three-judge panel ruled 2-1 to reverse findings by a military commission judge and the United States Court of Military Commission Review that former Secretary of Defense Lloyd Austin could not withdraw the deals as they were already in progress.
“The secretary of defense indisputably had legal authority to withdraw from the agreements; the plain and unambiguous text of the pretrial agreements shows that no performance of promises had begun; the government has no adequate alternative remedy to vindicate its interests; and the equities make issuance of the writs appropriate,” the panel wrote.
