Defense Secretary Lloyd J. Austin on Friday revoked the shocking plea deals that would have spared the death penalty for the accused mastermind of the 9/11 terrorist attacks and two alleged accomplices.
In an official memo, Austin, 70, announced he had relieved the official responsible for signing off on the widely criticized plea agreements from authority and would instead assert his own authority in the matter.
“I have determined that, in light of the significance of the decision to enter into pre-trial agreements with the accused in the above-referenced case, responsibility for such a decision should rest with me as the superior convening authority under the Military Commissions Act of 2009,” Austin wrote.
“Effective immediately, I hereby withdraw your authority in the above-referenced case to enter into a pre-trial agreement and reserve such authority to myself,” he continued.
The Office of Military Commissions (OMC), which is prosecuting the case, confirmed on Wednesday it had entered into pre-trial agreements with Khalid Sheikh Mohammed — the accused principal architect of the al Qaeda attacks — and two alleged co-conspirators, Walid Muhammad Salih Mubarak Bin Attash and Mustafa Ahmed Adam al Hawsawi, all of whom have been held at the US military prison on the coast of Cuba since 2003.
The guilty plea hearings — to charges including murder and conspiracy — were scheduled to take place as early as next week, with the sentencing hearings expected sometime next summer, according to the letter obtained by The Post.
The OMC letter revealed that the terror suspects have also agreed to respond to any questions the family members of victims have “regarding their roles and reasons for conducting the September 11 attacks.”
Family members were told they were allowed to submit questions which would be funneled to the men through their defense attorneys and answered within 90 days.
However, OMC has confirmed in light of Austin’s memo the plea hearings — at which all three terror suspects would have been required to appear — will no longer be taking place.
Family members of the Sept. 11 terror attacks who were outraged to learn the plea agreements would take the death penalty off the table applauded the abrupt reversal.
“Oh, that’s good news. Because the majority thought that was a cop-out on somebody’s part to give them a life sentence instead of the death sentence,” retired FDNY Deputy Chief Al Santora, who battled 9/11 illness and lost his firefighter son Christopher in the attacks.
“I think they got so much publicity that they changed their mind.”
Sally Regenhard, whose son Christian — an FDNY firefighter — died in the attacks, praised Austin for what she called a “just and honorable decision.”
“I and many other 911 families were both devastated and angered at the decision to let the terrorists get away with murder,” the grieving mother said.
“This move by Mr. Austin serves to restore our faith in the justice system of this country which my son served for five years in the US Marine Corps before serving the people of New York City as a member of the FDNY.”
Andrew Ansbro, president of FDNY’s Uniformed Fire Association, said the union’s ranks were “very happy” with Austin revoking the plea deals.
“We are very happy to see that the United States government has taken the deal off the table and these terrorists will face the ultimate justice. Hopefully, this will deter anyone who will think of taking up any similar action,” he said.
“I can’t believe this good news happened so quickly.”
New York politicians quickly praised the stunning reversal.
Republican Rep. Nicole Malliotakis was “pleased” the deal was withdrawn and vowed to see the suspects held accountable.
“The families of 9/11 victims, the first responders still suffering and dying today, and all Americans, deserve justice,” she said.
“That begins with pursuing the death penalty and immediately setting a trial date so these terrorist monsters can be held accountable for their crimes against humanity.
“I’m planning to stand with 9/11 families, first responders and police unions on Monday to demand that the Biden-Harris administration take action to see that justice is finally served.”
Fellow Republican Rep. Brandon Williams said he “was grateful to see that Austin made the right decision, in response to calls from myself & colleagues,” on X.
“Failing to hold these terrorists accountable for the atrocities they committed would be an insult to victims’ families, & it would send the wrong message to our enemies,” he added.
“We don’t negotiate with terrorists — you come after America and harm our citizens — expect no mercy.”
Police Benevolent Association President Patrick Hendry praised the fallen 9/11 heroes’ families for channeling “their anguish and outrage into a powerful message. It’s thanks to their courage that these shameful plea agreements have been reversed,” he said in a statement.
“We are relieved and grateful, but the job is not done yet. As we have said from the beginning, these terrorists who claimed so many innocent lives should receive the ultimate punishment.
“The safety of our nation demands it, and the long-suffering families of the fallen deserve nothing less.”
The president of the Port Authority PBA, Frank Conti, said he was “grateful” that the plea deal was scrapped.
Thirty-seven Port Authority police officers and 47 civilian Port Authority workers were killed in the 9/11 attacks.
“While we appreciate Secretary Lloyd’s intervention, we hope the trail continues to a just end,” Conti said in a statement.
The OCM said it had no comment on the revocation of the deal.