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U.S. Representative Mike Rogers (R-AL), Chairman of the House Armed Services Committee, demanded answers from Secretary of Defense Lloyd Austin on the plea agreement reached with Khalid Shaikh Mohammed, the mastermind of the September 11^th terror attacks, and his associates Walid Muhammad Salih Mubarak Bin Attash and Mustafa Ahmed Adam al Hawsawi. 

In the letter, Chairman Rogers wrote, “Deals like this give hope to terrorists throughout the world that America is not willing to hold the worst of the worst accountable for their wicked crimes. In short, this deal signals willingness to negotiate with terrorists who deliberately harm Americans.” 

The full text of the letter is below:

Dear Secretary Austin: 

I, along with much of our nation and Congress, are deeply shocked and angered by news that the terrorist mastermind and his associates who planned the September 11, 2001 terror attacks, which killed nearly 3000 innocent people, were offered a plea deal. Tragically, the news is a “gut punch” to many of the victims’ families. 

It is unconscionable that the Biden-Harris Administration would allow such a plea deal. You, Mr. Secretary, are the Cabinet Member with ultimate oversight of the Office of Military Commissions.  Your Department allowed a plea deal with Khalid Shaikh Mohammed and his band of killers.  

Deals like this give hope to terrorists throughout the world that America is not willing to hold the worst of the worst accountable for their wicked crimes. In short, this deal signals willingness to negotiate with terrorists who deliberately harm Americans. 

To that end, please provide the following to the House Armed Services Committee by August 23, 2024:

1. All documents and communications containing terms, conditions, agreements, side-deals, or any mutually developed, related, conditional, or linked agreements with any party relating to terms and conditions of the plea agreements reached with terrorists Khalid Shaikh Mohammed, Walid Muhammad Salih Mubarak Bin Attash, and Mustafa Ahmed Adam al Hawsawi;

2. Unaltered and complete copies of plea agreements offered to the terrorists identified in (1);

3. All documents and communications regarding the effectuation of any military commission sentencing outcome created, modified, or altered since January 20, 2021, including those regarding a convicted person serving a period of confinement outside of Guantanamo Bay, Cuba;

4. All documents and communications concerning or among officials in the Biden-Harris Administration concerning the foregoing plea deal;

5. All documents and communications associated with or presented to the terrorists as part of the foregoing plea deal; and, 

6. All documents and communications related to discussions or plans related to the Biden-Harris Administration’s plans to repatriate terrorists held at Guantanamo Bay, ongoing or contemplated prosecution plea deals with other Guantanamo Bay detainees, and any strategy, policy guidance, or other plans to permanently close Guantanamo Bay detention facilities. 

Thank you for your immediate attention to this request. The Committee on Armed Services, under Rule X, clause 1 of the Rules of the House of Representatives (“House Rules”), maintains oversight jurisdiction over the Department of Defense generally. Moreover, under the House Rules, the Committee on Armed Services derives its authority to conduct oversight from, among other things, clause 2(b)(1) of Rule X (relating to general oversight responsibilities), clause 3(b) of Rule X (relating to special oversight functions), and clause 1(b) of rule XI (relating to investigations and studies).

Sincerely,