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In a recent memo that has not been released to the public, Defense Secretary Lloyd J. Austin III removed the authority of his appointee to handle plea deals in war crimes cases.
Written by Carol Rosenberg
Since the attacks on September 11, 2001, Carol Rosenberg has been covering the prison and court operations at Guantánamo Bay ever since they were first created.
Defense Secretary Lloyd J. Austin III has removed a senior official who was overseeing the war crimes court at Guantánamo Bay from her ability to make settlements in any cases, following a prolonged dispute over the validity of a plea deal in the Sept. 11 case.
Mr. Austin has made a decision while government lawyers are working to invalidate a plea agreement in the case related to the September 11, 2001 attacks.
On July 31, Susan K. Escallier, who was appointed by Mr. Austin to oversee the court, gave her approval to a settlement that had been agreed upon after years of negotiations by prosecutors. However, Mr. Austin expressed his surprise at the decision and moved to cancel the deal, as he believed strongly that the men accused of planning the attacks that resulted in the deaths of nearly 3,000 individuals should be put on trial.
Recently, a memo was issued by Mr. Austin and obtained by The New York Times, in which he removed Ms. Escallier’s authority to approve deals related to the U.S.S. Cole and Bali bombing cases. This change is effective immediately and now grants Mr. Austin the sole power to approve plea deals in terrorism cases during the remaining months of the Biden administration.
According to a senior Defense Department official who preferred to remain anonymous, Mr. Austin wanted to ensure that there would be no unexpected surprises for the rest of the term.
The decision is made during a time of uncertainty for the 30 detainees still held at Guantánamo Bay. Out of these detainees, one-third have either been convicted or charged by military commission. Sixteen detainees who have not been charged with any crimes have been given approval to be transferred to the custody of other countries, pending security arrangements.
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