United States • • • 🌿 Progressive

Columnas de mármol de un tribunal al atardecer en penumbra
Fachada judicial de columnas al atardecer, imagen alusiva a la decisión de la Corte Suprema. · Imagen generada para EPM

Supreme Court leaves death penalty open in the September 11 case

The Supreme Court rejected the appeal by Khalid Sheikh Mohammed and his two co-defendants, held at Guantánamo since 2006, and left in place the ruling that…

--- The context --- The detention center at Guantánamo was established in 2002 to hold terrorism suspects after the attacks of September 11, 2001, and it remains in operation more than two decades after its opening. Held there since 2006 is Khalid Sheikh Mohammed, accused of orchestrating the plan to crash hijacked passenger planes into the Twin Towers and the Pentagon, alongside Mustafa al Hawsawi and Walid bin Atash, who are charged with logistical and financial support roles in the plot. --- The facts --- The Supreme Court on Monday rejected the appeal by Mohammed and his two co-defendants, who sought to revive a plea agreement that would have spared them the death penalty. The decision, issued through an unsigned order, leaves in place the ruling of the District of Columbia Circuit, which in July 2025 determined, by two votes to one, that former defense secretary Lloyd Austin indisputably had the legal authority to withdraw from the agreements. Justice Brett Kavanaugh did not take part in the deliberation, and the court offered no explanation for his recusal. The three have been held at Guantánamo since 2006 and face charges that include five offenses carrying a possible death sentence for their alleged role in attacks that cost the lives of nearly 3,000 people. They were captured in 2003, passed through secret prisons where they were subjected to so-called enhanced interrogation techniques before their transfer in 2006, and formal charges arrived in 2008. Since then, the process has been stalled in large part by disputes over the admissibility of evidence obtained under coercion. An Air Force judge set the trial date in August for June 2028. --- The positions --- A Justice Department spokesperson stated that the ruling clears the path for those responsible for the attacks to be held accountable and described it as a critical step toward justice for the victims and the families. Defense lawyers, including representatives of the ACLU, had urged the high court to take the case and argued that Austin's decision violated existing military law and prolonged the best opportunity for resolution of the case in a quarter of a century. A legal analyst and Georgetown University professor noted that the practical effect of the denials is to clear the way for pretrial proceedings to continue, although he warned that the trial date planned for 2028 is completely unrealistic given the number of questions still pending resolution. --- What remains unknown --- The file now returns to the military commissions, and the trial planned for June 2028 depends on the parties meeting a series of interim deadlines. The disputes over which evidence obtained under coercion may be used remain unresolved, an issue that has held the process back for years and conditions any real advance toward a sentence. --- Unanswered questions --- Can the trial really take place in June 2028, or will it be postponed again as analysts consider realistic? What evidence obtained under coercion will the military commissions ultimately admit? How much longer can a process that has gone a quarter of a century without reaching trial continue? --- EPM analysis --- The history of the collapsed plea deal sums up the deadlock: the agreements were the result of more than two years of negotiations, with talks opened in 2023 after the designation of Susan Escallier as convening authority. The deals, approved by Escallier in 2024, provided for guilty pleas, life imprisonment without parole and a public sentencing hearing with questions from the families. Austin revoked them two days later, a military judge declared them valid and enforceable in November 2024, and the District of Columbia Circuit ultimately backed the secretary's authority in July 2025. 📌 EPM Take: In EPM's view, a case that has spent a quarter of a century without reaching trial cannot be presented as a triumph of justice, but as a debt accumulated by the system itself. The death penalty is back on the table, yet the underlying questions remain untouched: what weight evidence marked by coercion will carry, and how much longer a process stalled at Guantánamo since 2006 can last. Closing this case requires a firm resolution and, at the same time, guarantees that make the verdict credible before the victims, before the country and before history itself.
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