Two US Army (USA) Military Police (MP) escort a detainee, dressed in his new orange jumpsuit to a cell at Camp X-Ray, Guantanamo Bay Navy Base, Cuba. Camp X-Ray is the holding facility for detainees held at the US Navy (USN) Base during Operation ENDURING FREEDOM.

Military prosecutors are considering plea deals that would release several high-profile prisoners of Guantanamo Bay that were connected with the terrorist attacks on September 11. 

The plea deals would remove the death penalty as a punishment for five prisoners: Khalid Sheikh Mohammed, Ramzi Binalshibh, Mustafa Ahmed al-Hawsawi, Walid bin Attash, and Ammar al-Baluchi.

Khalid Sheik Mohammed, the most notable of these five prisoners was described in the 9/11 Commission Report as “the principal architect of the 9/11 attacks.” Mohammed was believed to have been the number three Al-Qaeda leader prior to his capture in 2003. Last year, he was scheduled to face a death-penalty trial, but this was delayed due to the COVID-19 virus.

The condition that these prisoners have been kept in since the attacks in 2001 have faced heavy scrutiny. Amnesty International characterized the practices at Guantanamo Bay as “ongoing and historic human rights violations.” Critics in the United States also argue that the detainment of prisoners in Cuba violates the due process clause of the fifth and fourteenth amendments. Advocates of the detention center argue that these are prisoners of war, and therefore are treated differently than U.S. citizens that break the law.

In wake of the news that terrorists connected to 9/11 may be able to avoid receiving the death penalty, many families of the victims have expressed their anger.

According to CBS news, the sister of Charles Burlingame, the pilot of one of the hijacked planes, stated that she was outraged after hearing about the potential plea deals. When asked how other families of victims are feeling, Burlingame’s sister, Debra, stated “the families are outraged. They don’t want closure; they want justice.”

A spokesperson for the Office of Military Commissions stated that “parties are currently engaged in preliminary plea negotiations.” It is unknown if a decision will be made anytime soon.