U.S. appeals court tosses plea deal for accused mastermind of 9/11 attacks

[GJGCA]

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Having properly assumed the convening authority, the Secretary determined that the ‘families and the American public deserve the opportunity to see military commission trials carried out.’ The Secretary acted within the bounds of his legal authority, and we decline to second-guess his judgment,” Judges Patricia Millett and Neomi Rao wrote.

Millett was an appointee of President Barack Obama while Rao was appointed by Trump.

In a dissent, Judge Robert Wilkins, an Obama appointee, wrote, “The government has not come within a country mile of proving clearly and indisputably that the Military Judge erred.”