Consider This: With Plea Deals Canceled, What Happens Next with the Guantanamo 9/11 Trials?

Released on July 20, 2025 by NPR

Introduction: The Lingering Legacy of 9/11 and Guantanamo Bay

In the wake of the September 11, 2001, terrorist attacks, the United States embarked on a relentless pursuit of justice against those responsible. Sacha Pfeiffer sets the stage by recounting the immediate aftermath of the attacks and President George W. Bush's vow of retaliation:

"The search is underway for those who are behind these evil acts. I have directed the full resources of our intelligence and law enforcement communities to find those responsible and to bring them to justice."
— George W. Bush (00:21)

By 2006, key suspects were apprehended and transferred to the U.S. Naval Base at Guantanamo Bay, a facility that has since become emblematic of America's ongoing quest for justice. Over two decades later, Guantanamo still holds 15 prisoners, including five accused of orchestrating the 9/11 attacks, with no trial in sight.

The State of Guantanamo's 9/11 Detainees

Nearly 800 suspected terrorists have been detained at Guantanamo, with most released without formal charges. The remaining inmates, including alleged ringleader Khalid Sheikh Mohammed, await trial with the U.S. government intent on prosecution and potential execution. However, decades of delays have left the fate of these detainees uncertain.

Terry Rockefeller, whose sister perished in the 9/11 attacks, highlights the central obstacle to the trials:

"The fact of torture is at the heart of what's delaying these trials."
— Terry Rockefeller (01:29)

The use of torture in secret CIA black sites has complicated legal proceedings, particularly concerning access to classified evidence. Rockefeller expresses frustration over the prolonged legal battles:

"Physicists pushing the boulder up the hill, just getting so close and then having to take so many steps backwards again."
— Terry Rockefeller (02:04)

Cancelled Plea Deals: A Major Setback

A significant development occurred last summer when plea deals were reached with three 9/11 defendants, allowing them to plead guilty in exchange for life imprisonment without parole, thereby avoiding death penalty trials. This was a moment of hope for many families seeking closure.

However, former U.S. Defense Secretary Lloyd Austin opposed these deals, leading a federal appeals court to cancel them earlier this month. This decision was celebrated by some, like Bret Eagleson, who lost his father in the attacks:

"We want a trial. We want to put these individuals on a stand. We want the public to see it, and we want the media to see everything that these individuals have to say."
— Bret Eagleson (02:58)

In contrast, Terry Rockefeller initially welcomed the plea deals, believing they could end the "totally failed military commission system":

"I thought it would put an end to the totally failed military commission system."
— Terry Rockefeller (02:32)

Expert Analysis: Georgetown Law Professor Steve Vladek

Following the cancellation of the plea deals, Sacha Pfeiffer interviews Steve Vladek, a law professor at Georgetown University, who provides insight into the implications:

"It's an enormously important development... the way in which the plea deals were called off... is going to create even more delay going forward because that's going to provoke litigation all its own."
— Steve Vladek (05:51)

Vladek explains that the rejection of the plea deals not only halts a potential resolution but also sets the stage for further legal battles involving the military commissions and the federal appeals court. This turmoil extends the already dysfunctional process, making a trial increasingly unlikely.

Divergent Views Among 9/11 Families

The episode captures the emotional and varied responses from 9/11 families:

• Liz Miller, who lost her father in the attacks, supports the plea deals as a means to end the prolonged legal saga:

  "I'm really feeling very frustrated, and I've reached a point where... it's not going to happen."
  — Liz Miller (08:31)

• Bret Eagleson, advocating for a trial, emphasizes the need for justice and transparency:

  "We absolutely need a trial and a plea deal. A plea bargain would have taken that right away from us... we have the right to for justice."
  — Bret Eagleson (09:57)

These contrasting perspectives underscore the deep emotional toll and the quest for closure among the families affected by the tragedy.

The Path Forward: Uncertain and Protracted

As the plea deals have been rescinded, the future of the Guantanamo 9/11 trials remains murky. Professor Vladek articulates the challenges ahead:

"The longer these cases remain capital cases, the longer that we're going to have years of additional pretrial litigation, of evidentiary disputes, of fights over who can testify and what can they testify about."
— Steve Vladek (07:04)

The military commission system's inefficiencies, combined with ongoing litigation over classified information and procedural hurdles, suggest that a definitive resolution may be decades away. Furthermore, as defendants age or succumb to illness, the window for prosecution narrows, raising concerns about the potential for unresolved justice.

Conclusion: A Call for Closure Amidst Legal Quagmires

"Consider This" poignantly highlights the enduring complexities of seeking justice for the 9/11 attacks. With plea deals off the table, the remaining defendants at Guantanamo face an uncertain future, emblematic of broader challenges within the U.S. legal and military justice systems. The episode underscores the profound impact on the families seeking closure and the intricate legal battles that continue to delay resolution.

Notable Quotes:

• George W. Bush (00:21): "The search is underway for those who are behind these evil acts..."
• Terry Rockefeller (01:29): "The fact of torture is at the heart of what's delaying these trials."
• Bret Eagleson (02:58): "We want a trial... we want the media to see everything that these individuals have to say."
• Steve Vladek (05:51): "It's an enormously important development..."

Key Contributors:

• Host: Sacha Pfeiffer
• Guest: Steve Vladek, Georgetown University Law Professor
• Interviewees: Terry Rockefeller, Bret Eagleson, Liz Miller

Produced by: Gabriel Sanchez
Edited by: Tin Beat Ermias
Executive Producer: Sami Yenigun

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