In a startling development that marks a turning point in one of America's most protracted legal sagas, the U.S. government has struck a plea agreement with Khalid Sheikh Mohammed, the alleged architect of the September 11, 2001 attacks, along with two co-defendants.
The deal, announced by the Defense Department yesterday (Wednesday), comes after more than two decades of legal maneuvering nd brings an unexpected close to a chapter of American history that has spanned four presidencies.
Under the terms of the agreement, Mohammed and his co-defendants, Walid Bin 'Attash and Mustafa al Hawsawi, will plead guilty to all charges, including the murder of 2,976 people. In exchange, prosecutors have taken the death penalty off the table, a concession that is likely to provoke mixed reactions among the families of 9/11 victims.
The path to this moment has been fraught with challenges. The case against Mohammed and his alleged co-conspirators had been mired in pre-trial proceedings for 12 years, stalled by complex legal issues surrounding the admissibility of evidence obtained through torture at secret CIA prisons.
"This is the least bad deal in the real world that would ever happen," says Peter Bergen, a terrorism expert and longtime observer of Al-Qaeda. "Getting some kind of deal is better than none."
The agreement provides for a sentencing hearing, which will not occur before next summer. Families of 9/11 victims will have the opportunity to testify about the impact of the attacks and provide victim impact statements to be considered by a military jury.
In a unique provision, the defendants have agreed to answer written questions from surviving victims and victims' families about their roles and motivations for the attacks. Although this could offer a measure of closure for some, others view it as insufficient.
"We're deeply troubled by these plea deals," says Brett Eagleson, president of 9/11 Justice, an advocacy group for survivors and families. Eagleson and others are pushing for more information about alleged Saudi involvement in the attacks, a contentious issue that remains unresolved.
The plea deal also raises questions about the future of the Guantanamo Bay detention facility, where the defendants are currently held. The Biden administration has prioritized closing the controversial prison, but dozens of detainees remain.
As this legal odyssey nears its end, it leaves behind a complex legacy of justice delayed, if not denied, and the enduring pain of a nation, scarred with the wounds of that tragic September morning.
* CNN contributed to this article.