DEAL WITH DEATH

Plea deal for 9/11 terrorists that’ll spare them from death penalty back on as judge blocks Pentagon’s effort to toss it

Lawmakers had previously ripped the plea deal

THE plea deal that spares the mastermind behind the 9/11 terrorist attacks and his accomplices from the death penalty is back on the table after a failed attempt by the Pentagon to dismiss it.

The accused terrorists could potentially serve a life sentence in the US Naval base of Guantánamo Bay as part of the agreement, despite committing the heinous attacks that killed nearly 3,000 people.

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A December 2008 sketch of Khalid Sheikh Mohammed (center) and co-defendant Walid Bin Attash (left) at a pre-trial session at Guantanamo Bay Naval Base, Cuba
attacks against the , Walid bin Attash, and Mustafa al-Hawsawi struck a deal with prosecutors on July 31 and agreed to plead guilty in exchange for a life sentence.

The deal would allow the trio to be spared from the death penalty and remain jailed on the southern portion of the American Naval base in .

Secretary of Defense Lloyd Austin attempted to halt the agreement by filing a motion to a military appeals court on August 3, just days after it was announced.

In his brief, Austin cited the magnitude of the 9/11 attacks and argued that as defense secretary, he should decide on any plea agreements that would save the three men from the death penalty.

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But the defense attorneys for the suspected terrorists argued that Austin had no legal authority to reject a decision that was already approved by the Guantánamo Bay court's top command.

Air Force Colonel Matthew McCall, the military judge overseeing the 9/11 case in the Guantánamo Bay court, sided with the defense and ruled Austin "lacked standing to throw out the plea bargains after they were underway."

McCall's opinion led Austin to file an appeal with a military appeals court, which rejected the defense secretary's motion on Monday.

Austin can take his effort to the US Court of Appeals in , where he can file another motion to dismiss the deals.

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Prosecutors who presented the deal during the summer said it would bring some "finality and justice to the case," which has been lingering in the judicial process since the three men were arrested by US officials in 2003.

WORST NIGHTMARE

The agreement has sparked an outrage from family members of victims who died during the 9/11 attacks.

Mastermind behind 9/11 attacks Khalid Sheikh Mohammed agrees plea deal to avoid death penalty after years in jail

Rachel Uchitel broke down in tears in a sit-down interview with The U.S. Sun, recalling the harrowing days and months after tragedy struck.

Uchitel lost her fiance, Andy O'Grady, after al-Qaeda militants flew two commercial planes into the Twin Towers at the World Trade Center in New York City.

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A then 26-year-old Uchitel who O'Grady, 32, had just proposed to weeks before, was plunged into a harrowing nightmare that began to unfold while she was at her job at Bloomberg TV.

"I was doing what I normally did on the assignment desk, and somebody said, the World Trade Center's on fire," Uchitel cried as she recalled the harrowing day to The U.S. Sun on the 23rd anniversary of the attacks.

A photo of Rachel Uchitel searching for her fiance in the aftermath of the September 11th attacks that became a symbol of the heartbreak for surviving family membersCredit: AP

Uchitel said that despite the horrifying events unfolding before her eyes, she still couldn't fathom that things would end as they did.

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"No one expected that these towers would fall," she said.

Uchitel said she knew that from where the second plane hit, it was much further down from where her fiance was, and she found some comfort in that. 

I knew mathematically in my head, I mean, I did the numbers and the minutes. There was no way he could get down the stairs that fast. I'm sure he was still above the hit when it happened.

Rachel Uchitel

"I think in my head, I was worried, but I thought, oh, he'll just go to the roof. I didn't think that this could be a scenario where he would not be coming home that night, you know?"

"And minutes later, 45 minutes later, his building that was the second to get hit was the first to fall, and you see it sort of veer to the side and then crumble in itself."

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"No one can survive something that huge.

"I knew mathematically in my head, I mean, I did the numbers and the minutes. There was no way he could get down the stairs that fast. I'm sure he was still above the hit when it happened."

Uchitel joined the crowds as she searched nearby hospitals, hoping that through a miracle, O'Grady had turned up somewhere. 

She recalled that she looked for O'Grady's name at the Manhattan Armory and that she also checked at Bellevue Hospital, which is where the heartbreaking image of her sobbing was taken.

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It took Uchitel nearly a week to wrap her head around her nightmare becoming a reality.

Four months after the Twin Towers collapsed, she had confirmation of how her fiance had died.

"It was very important to hear how they found him, and he had died of blunt force trauma to the head," Uchitel told The U.S. Sun.

Key figures behind 9/11

at the time.

"The plea deal with terrorists – including Khalid Sheik Mohammed, the mastermind of the 9/11 attacks that killed thousands of Americans – is a revolting abdication of the government’s responsibility to defend America and provide justice.

"The only thing worse than negotiating with terrorists is negotiating with them after they are in custody."

McConnell said families would not get the "real justice" they have been seeking for nearly 23 years.

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