ACLU Statement on Plea Agreements with Three of the 9/11 Defendants

WASHINGTON — The U.S. government has today agreed to life imprisonment instead of the death penalty for the ACLU’s client, Khalid Sheikh Mohammed, in exchange for a guilty plea.

The following is a statement from Anthony D. Romero, executive director of the ACLU:

“The government's decision to settle for life imprisonment instead of seeking the death penalty in the case of Khalid Sheikh Mohammed is the right call. It's also the only practical solution after nearly two decades of litigation. For too long, the U.S. has repeatedly defended its use of torture and unconstitutional military tribunals at Guantánamo Bay. The military commissions were doomed from the start and the government’s torture of these defendants makes this plea both necessary and just. Finally, closing the chapter on these cases with a plea agreement will also provide a measure of transparency and justice for 9/11 family members.

“Since 2008, through its John Adams Project, the ACLU has provided capital defense support for detainees facing the death penalty in the military commissions, spending over $12.5 million to provide experienced capital defenders, mitigation specialists, investigators, and experts to the under-resourced military defense teams.

“Our efforts exposed unfairness, secrecy, and the ongoing role of torture in the Guantanamo military commissions, making clear that the commissions are a complete failure. The yearslong litigation prevented the execution of defendants who had been tortured and whose rights guaranteed by the Constitution and international law had been trampled.

“This plea agreement further underscores the fact that the death penalty is out of step with the fundamental values of our democratic system. It is inhumane, inequitable, and unjust.

“We urge the U.S. government to also quickly relocate the men cleared for transfer, and finally end all indefinite detentions and unfair trials at Guantánamo.”