WASHINGTON — The Defense Department will appeal a military judge’s ruling that plea agreements struck by Khalid Sheikh Mohammed, the alleged mastermind of the Sept. 11, 2001, attacks, and two of his co-defendants are valid, a defense official said Saturday.
Last week’s ruling voided Defense Secretary Lloyd Austin’s order to throw out the deals and concluded that the plea agreements were valid. The judge granted the three motions to enter guilty pleas and said he would schedule them for a future date to be determined by the military commission.
The department will also seek a postponement of any hearing on the pleas, according to the official, who spoke on condition of anonymity. Rear Adm. Aaron Rugh, the chief prosecutor, sent a letter Friday to the families of 9/11 victims informing them of the decision.
The ruling by the judge, Air Force Col. Matthew McCall, allowed the three 9/11 defendants to enter guilty pleas in the U.S. military courtroom at Guantanamo Bay, Cuba, and would spare them the risk of the death penalty. The pleas by Mohammed, Walid bin Attash and Mustafa al-Hawsawi would be a key step toward closing out the long-running and legally troubled government prosecution in the attacks that killed nearly 3,000 people.