“Oh, what a tangled web we weave
When first we practice to deceive.”
~ Sir Walter Scott (1771-1832)
The case of the Gitmo plea agreement keeps getting curiouser and curiouser.
A few weeks ago, we learned that a plea agreement had been entered into by way of a signed contract between the retired general in the Pentagon who is supervising all Gitmo prosecutions, the Gitmo defendants and defense counsel, and the military prosecutors. The agreement, as we understand it from sources who have seen it, provides that in return for a guilty plea, Khalid Shaikh Mohammed and others will serve life terms at Gitmo, rather than be exposed at trial to the death penalty. The guilty plea is to include a public and detailed recitation of guilt.
Stated differently, Mohammed agreed to reveal under oath the nature and extent of the conspiracy that resulted in the crimes of 9/11.
So far, this is straightforward. While the trial judge may have given his nod of approval to the terms of the agreement, under the federal rules of criminal procedure, the agreement is not final until the judge hears the defendants actually admit guilt under oath in a public courtroom and then accepts the plea in a written order.
That admission has not yet taken place because the Secretary of Defense, who learned of the plea agreement while traveling in Europe, removed the authority of the retired general supervising the prosecution to enter into plea agreements without his express approval.
Hellbound and Down 