SUBSCRIBE TO OUR FREE NEWSLETTER
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
5
#000000
#FFFFFF
5
#000000
#FFFFFF
center for constitutional rights
'Betrayal of Justice': US Court Nixes Plea Deals for Tortured 9/11 Defendants
"This decision will ensure nothing but a continued lack of justice and accountability for everyone involved in the 9/11 military trial at Guantánamo," said one critic.
Jul 11, 2025
Human rights defenders on Friday condemned a federal appellate panel's decision upholding former U.S. Defense Secretary Lloyd Austin's withdrawal of pretrial plea agreements for three men accused of plotting the September 11, 2001 attacks on the United States.
Austin, who served under former President Joe Biden, "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 D.C. Court of Appeals panel ruled in a 2-1 decision.
Under the proposed deal, accused 9/11 mastermind Khalid Sheikh Mohammed and alleged co-conspirators Mustafa al-Hawsawi and Walid bin Attash would have been spared execution in return for pleading guilty. The agreement came amid years of stalled legal proceedings in a case complicated by the U.S. government's torture of the defendants and efforts to cover it up.
Austin withdrew the plea agreements last August, explaining that he "long believed that the families of the victims, our service members, and the American public deserves the opportunity to see military commission trials carried out in this case."
However, attorneys for the defendants called the legally dubious military commission regime established at the Guantánamo Bay prison—notorious for detainee torture and indefinite detention—during the George W. Bush administration "obviously corrupt and rigged." During the 2000s, several military prosecutors resigned from the commissions in protest over what some of them called a rigged system designed to ensure there were no acquittals.
"The 9/11 case will never be resolved through a contested trial because the defendants were tortured by the CIA."
Last November, Air Force Col. Matthew McCall, a military judge, ruled that Lloyd "did not have the authority to do what he did, asserting that the plea deals "remain valid, and are enforceable," prompting the government's appeal. The following month, a military appeals court also ruled against Austin's bid to ditch the plea deals.
The Center for Constitutional Rights (CCR)—which has long represented Guantánamo detainees—called Friday's decision "a betrayal of justice."
"This decision will ensure nothing but a continued lack of justice and accountability for everyone involved in the 9/11 military trial at Guantánamo," CCR senior staff attorney Wells Dixon said in a statement. "The Biden administration's invalidation of plea agreements that would have resulted in convictions and life sentences for the 9/11 defendants is a painful betrayal of 9/11 victims' families."
"The 9/11 case will never be resolved through a contested trial because the defendants were tortured by the CIA," Dixon added. "The only way to resolve this case is for the Trump administration to succeed where every prior administration has failed and negotiate new deals with the 9/11 defendants that will finally close the 'War on Terror' prison at Guantánamo."
There are still 15 men currently imprisoned in Guantánamo, which is located on Cuban land leased to the U.S. in perpetuity by a dictatorship overthrown in 1959. Multiple detainees have been cleared for release, one of them for 15 years.
Some legal experts doubted whether the U.S. government would ever be able to try, let alone convict, the 9/11 suspects. Military judges and prosecutors have cited defendants' torture in declining to proceed with cases against them. Many men and boys were tortured at CIA "black sites," Guantánamo, and military prisons including Abu Ghraib. At least dozens of detainees died.
The three co-defendants were all captured in Pakistan during late 2002 and early 2003. After being turned over the United States, they were sent to CIA black sites, including the notorious "Salt Pit" outside Kabul, Afghanistan, where suspected militant Gul Rahman was tortured to death in November 2002. In 2006, the men were transferred to Guantánamo.
Mohammed was subjected to interrupted drowning, commonly called "waterboarding," 183 times, as well as other torture and abuse approved under the Bush administration's "enhanced interrogation" program. Hawsawi suffered a shredded rectum resulting from sodomization during so-called "rectal hydration" and has had to manually reinsert parts of his anal cavity to defecate. Bin Attash said he was placed in stress positions for extended periods, beaten, and doused in cold water.
The co-defendants must now decide whether to appeal the ruling to the full D.C. appeals court, the U.S. Supreme Court, or both.
"Putting aside the fantasy that this case is ever going to go to trial—assuming it does go to trial and that there's a conviction—you get to sentencing, and they have a right to put forward evidence... that they were tortured," Dixon told CNN Friday. "That's never going to happen."
Keep ReadingShow Less
Mahmoud Khalil to Sue Trump Admin for $20 Million Over 'Unconstitutional' Detention
"There must be accountability for political retaliation and abuse of power," said Khalil. "And I won't stop here."
Jul 10, 2025
Pro-Palestinian student protest leader Mahmoud Khalil on Thursday began the process of suing U.S. President Donald Trump's administration for $20 million in damages for the harm he suffered as a result of the government's "politically motivated plan to unlawfully arrest, detain, and deport" him.
"This is the first step towards accountability," Khalil said in a statement. "Nothing can restore the 104 days stolen from me. The trauma, the separation from my wife, the birth of my first child that I was forced to miss. But let's be clear, the same government that targeted me for speaking out is using taxpayer dollars to fund Israel's ongoing genocide in Gaza."
"There must be accountability for political retaliation and abuse of power," he asserted. "And I won't stop here. I will continue to pursue justice against everyone who contributed to my unlawful detention or spread lies in an attempt to destroy my reputation, including those affiliated with Columbia University. I'm holding the U.S. government accountable not just for myself, but for everyone they try to silence through fear, exile, or detention."
In March, federal agents who were in plain clothes and lacked a warrant accosted Khalil, a lawful permanent resident who recently finished a graduate program at Columbia, and his wife—Noor Abdalla, a U.S. citizen who was then pregnant with their son—outside their New York City home. Following Khalil's arrest, several other student activists critical of the U.S.-backed Israeli assault on Gaza were also targeted for deportation.
The claim that 30-year-old Khalil filed Thursday against the U.S. Homeland Security and State departments, as well as Immigration and Customs Enforcement (ICE), is a precursor to a lawsuit that will cite the Federal Tort Claims Act of 1946, according to the Center for Constitutional Rights (CCR), part of his legal team.
The filing accuses the Trump administration of carrying out a plan to deport Khalil "in a manner calculated to terrorize him and his family," and says the mistreatment caused "severe emotional distress, economic hardship, damage to his reputation, and significant impairment of his First Amendment and Fifth Amendment rights."
Mahmoud Khalil has filed a claim against the Trump administration, seeking either $20 million or an official apology and change in the administration’s policy after he was held in detention for over 100 days. NBC News’ Maya Eaglin spoke to Khalil in New York City.
[image or embed]
— NBC News (@nbcnews.com) July 10, 2025 at 5:01 PM
Khalil, an Algerian citizen of Palestinian descent who was finally freed from an ICE facility in Louisiana last month, is seeking $20 million to help others similarly targeted by the government and Columbia, but "he would accept, in lieu of payment, an official apology and abandonment of the administration's unconstitutional policy," CCR explained.
The Associated Press reported that "a White House spokesperson deferred comment to the State Department, which said its actions were fully supported by the law. In an emailed statement, Tricia McLaughlin, a spokesperson for the Department of Homeland Security, called Khalil's claim 'absurd,' accusing him of 'hateful behavior and rhetoric' that threatened Jewish students."
While the departments' comments signal that the Trump administration won't be making any apologies, Khalil's team is determined to move forward with his case.
"The Trump administration's unconstitutional targeting of Mr. Khalil led to severe harms that he continues to navigate, including financial loss, reputational damage, and emotional distress," said Samah Sisay, staff attorney at CCR. "Mr. Khalil will never get back the three months stolen from him while in immigration detention, including his child's birth and first months of life. The government must take accountability for their unlawful actions and compensate Mr. Khalil for his suffering."
Khalil's claim was filed a day after an ICE official testified under oath that a task force formed in March used lists from Canary Mission, an operation linked to Israeli intelligence agencies, and the pro-Israel group Betar Worldwide to compile reports on international students targeted for their protest activities.
Keep ReadingShow Less
Rights Group Warns of Gaza Humanitarian Foundation's Complicity in Israeli 'War Crimes'
The Center for Constitutional Rights accused GHF of "directly contributing to or otherwise furthering Israel's commission of forcible transfer and other atrocity crimes."
Jun 12, 2025
As Israeli occupation forces continued to massacre desperate aid-seekers in Gaza this week, human rights defenders accused the U.S.-backed organization Israel is allowing to distribute limited aid in the embattled strip of being a "death trap" and giving cover to Israel's program of ethnic cleansing against the Palestinians.
Local and international media reported Thursday that at least 13 Palestinians were killed and upward of 200 others were wounded when Israel Defense Forces (IDF) troops opened fire on civilians waiting for humanitarian aid near the Netzarim corridor in central Gaza.
Medical sources also said Israeli shelling killed 12 Palestinians and injured dozens more gathered at an aid distribution center near the southern city of Rafah, while IDF troops shot dead five other people waiting for aid northwest of Gaza City.
Thursday's massacres followed similar IDF attacks on civilians seeking aid that have killed or wounded hundreds of Palestinians since the far-right government of Prime Minister Benjamin Netanyahu began allowing a trickle of humanitarian relief to enter Gaza amid a "complete siege" that has fueled mass starvation among the strip's more than 2 million people, almost all of whom have been forcibly displaced, often multiple times.
Many hundreds of Palestinians, mostly children and elders, have recently died from malnutrition and lack of medical care in Gaza.
This, as Israeli forces continued Operation Gideon's Chariots, which aims to conquer and indefinitely occupy all of Gaza and ethnically cleanse much of its population, possibly to make way for Israeli resettlement as advocated by many right-wing Israelis.
As the death toll among Palestinian aid-seekers mounts, critics have taken aim at the Gaza Humanitarian Foundation (GHF), the Delaware-based nonprofit tasked with distributing aid in the coastal enclave. Opponents have called GHF a "death trap" and a "ruse to weaponize aid."
This week, the New York-based Center for Constitutional Rights (CCR) notified GHF "of its potential legal liability for complicity in Israel's war crimes, crimes against humanity, and genocide against Palestinians."
CCR—which unsuccessfully sued U.S. President Joe Biden and two of his top officials for alleged genocide complicity in Gaza—said in a letter to GHF executive chairman Johnnie Moore that "there is a reasonable basis to believe that your operations, planned and undertaken in close coordination with Israel, are directly contributing to or otherwise furthering Israel's commission of forcible transfer and other atrocity crimes in the occupied Gaza Strip."
"This militarized system of food distribution funneled through three distribution hubs in Rafah and one near Deir el-Balah requires malnourished Palestinians to travel great distances and often relocate within Gaza to access food aid under a regime overseen by Israeli forces and U.S. private military contractors," the letter continues.
"In the 10 days since GHF began its stop-and-go operations, reports range from at least 95 to as many as 130 Palestinians having
been killed and hundreds wounded while seeking food at GHF sites," CCR added. "We urge you to immediately cease and desist such operations and actions in Gaza. Failing to do so could result in the initiation of civil litigation or criminal prosecution in domestic courts in different countries, including under the principle of universal jurisdiction, or could subject you to the jurisdiction of international bodies."
Those bodies include the International Court of Justice in The Hague, Netherlands—which is currently weighing a genocide case against Israel—and the International Criminal Court, also based in the Dutch city, which last year issued arrest warrants for Netanyahu and former Israeli Defense Minister Yoav Gallant for alleged war crimes and crimes against humanity including murder and forced starvation.
On Thursday, Zeteo published an interview with an anonymous former private U.S. security contractor who was hired to facilitate GHF aid distribution who said: "I thought I was signing up for an aid mission. But what I've witnessed in Gaza is horrific."
"You have guys with hardly any knowledge of the culture, no deployment experience, and are not necessarily qualified to be using the weapons they had in charge of security at aid sites in a place where we know millions are desperate for aid," he continued. "What could go wrong?"
According to the former contractor:
One episode sticks with me. We were monitoring an empty site all day; sometime after dark, dozens of flatbed trucks finally brought aid. The Israeli military soon radioed in that 200 to 300 civilians a couple of kilometers (less than two miles) north were approaching. We then observed an Israeli drone go out there.
Shortly thereafter, that area started getting lit up with artillery. The generous interpretation? Maybe the Israelis were firing between our position and the people in order to keep them from moving forward. I don't think that's the case. After all, tanks fire all day long near these aid sites. Snipers fire from what used to be a hospital. Bombs and bullets fly all day long in one direction—toward Palestinians. It's very clear that the Israeli military will take any opportunity available to fire.
Last month, Jake Wood, a former U.S. marine and co-founder of the disaster relief group Team Rubicon, resigned as executive director of GHF. Wood cited "the lack of independence from Israel and the likelihood that the plan would result in forced displacement," according to CCR.
Earlier this month, Christoph Schweizer, CEO of Boston Consulting Group—which played a key role in creating GHF—apologized for and ended BCG's participation in the endeavor.
"I deeply regret that in this situation, we fell short—of our own standards and of the trust that you, our clients and our broader communities place in BCG," he wrote. "I am sorry for how deeply disappointing this has been."
Keep ReadingShow Less
Most Popular