Peaceful Tomorrows & Other 9/11 Families File Amicus Brief on Pre-Trial Agreements

January 27th, 2025

For more information, you can contact:

Terry Rockefeller - terrykayrockefeller@gmail.com

Colleen Kelly - colleenkelly2014@gmail.com

Elizabeth Miller - elizabeth@peacefultomorrows.org / 845-754-1762

Members of Peaceful Tomorrows have long pursued pre-trial agreements (PTAs) in the 9/11 military commission at Guantanamo where Khalid Sheik Mohammed and the other four men accused of planning and supporting the 9/11 terrorist attacks have been in pre-trial hearings for nearly 13 years.

On January 28th, the United States Court of Appeals for the D.C. Circuit will hear oral arguments as the government seeks to nullify PTAs that three of the defendants, including Mr. Mohammed, the “mastermind” of the attacks, signed in July of 2024. Peaceful Tomorrows, and other 9/11 victim family members, with the support of pro bono attorneys, Nick Lewin and Ben Perotin, filed an amicus brief with the D.C. court stating our opposition to the government’s position. We argue:

1.     Nullifying the PTAs would be contrary to our justice system’s core value of finality and would only result in this matter being further delayed, resulting in further legal purgatory for family members.

2.     Second, through the extensive sentencing proceedings provided by the Military Commission, the PTAs robustly provide the type of public confrontation with the defendants and presentation of evidence for the historical record that the government claims to support.

3.     Third, the government’s attempt to withdraw the PTAs lacks legal precedent. The closest analogy in civilian criminal justice might be the withdrawal of a guilty plea by a defendant, an exceptional occurrence.

To read & download the full brief:

VFM Amicus Brief [As Filed].pdf

Download PDF • 416KB