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Rights advocates want the president to fulfill his "long-standing commitment to turn the page on the 9/11 era by closing this shameful site of torture and indefinite detention."
U.S. President Joe Biden on Thursday faced pressure from legal groups to accept a military judge's revival of plea deals for three alleged plotters of the September 11, 2001 terrorist attacks and to transfer 19 uncharged men out of the American prison in Guantánamo Bay, Cuba.
Brig. Gen. Susan Escallier, the convening authority for the legally dubious Guantánamo Bay military commissions, this summer reached the controversial deals under which Khalid Sheikh Mohammed, Walid bin Attash, and Mustafa al-Hawsawi agreed to spend the rest of their lives in prison to avoid execution.
U.S. Defense Secretary Lloyd Austin swiftly withdrew the agreements, sparking criticism from some victims' families and legal experts. In a 29-page ruling on Wednesday, the judge, Col. Matthew N. McCall, wrote that the Pentagon chief "did not have the authority to do what he did." Thus, the pretrial agreements "remain valid and are enforceable," he wrote, and plea hearings should be scheduled.
It is not yet clear how the Pentagon will proceed, as its press secretary, Maj. Gen. Patrick Ryder, only toldThe New York Times that "we are reviewing the decision and don't have anything further at this time." However, legal organizations want the Biden administration to embrace the ruling.
ACLU executive director Anthony D. Romero, whose group represents Mohammed, said in a Thursday statement that "McCall rightly recognizes that Defense Secretary Austin stepped out of bounds" and "we are finally back at the only practical solution after nearly two decades of litigation."
"The government's decision to settle for life imprisonment instead of seeking the death penalty in the case of Khalid Sheikh Mohammed was always the right call," Romero continued. "For too long, the U.S. has repeatedly defended its use of torture and unconstitutional military tribunals at Guantánamo Bay. As a nation, we must move forward with the plea process and sentencing hearing that is intended to give victim family members answers to their questions. They deserve transparency and finality about the events that claimed their loved ones."
"This plea agreement further underscores the fact that the death penalty is out of step with the fundamental values of our democratic system. It is inhumane, inequitable, and unjust," he added. "We also urge the U.S. government to quickly relocate the men cleared for transfer, and finally end all indefinite detentions and unfair trials at Guantánamo."
The Center for Constitutional Rights (CCR)—which represents two of the 19 uncharged men at the facility infamous for torture—also put out a Thursday statement pressuring the administration to accept the judge's decision and focus on transfers.
"The Biden administration should not appeal this ruling because, after more than 20 years of litigation and uncertainty for victims' families, plea deals are the only responsible way to resolve the 9/11 case," CCR argued. "The president must instead use this opportunity to transfer the remaining 19 uncharged men out of Guantánamo, 16 of whom have been approved for transfer by all relevant agencies based on a unanimous determination that they pose no security threat, including our clients Guled Hassan Duran and Sharqawi al Hajj."
"These two steps are essential to fulfilling Biden's long-standing commitment to turn the page on the 9/11 era by closing this shameful site of torture and indefinite detention," the group added.
Biden's time to make any decisions regarding Guantánamo and the men imprisoned there is dwindling. After beating Democratic Vice President Kamala Harris on Tuesday, former President Donald Trump is set to return to the White House in January, shortly after what would be the 23rd anniversary of Guantánamo's opening.
The U.S. prison was launched in January 2002 under then-President George W. Bush, who responded to the 9/11 attacks with a so-called global War on Terror. Biden has so far failed to close Guantánamo, following in the footsteps of former President Barack Obama. Trump, during his first term, took action to keep it open.
As Lawdrawgonreported:
The plea agreements for Mohammad and al-Hawsawi contained provisions that removed the death penalty from the case in the event the government withdrew from the agreements. Sources said that the penalty provision should render the case noncapital, even if Austin was found to have acted lawfully.
The penalty clause was negotiated in the event that a future Trump administration tried to kill the deals, individuals familiar with the negotiations said.
In anticipation of Trump's return to power early next year, Amnesty International is urging Biden to take "six actions before his legacy is sealed for the history books." The final item calls on the outgoing president to "transfer all detainees cleared for release or not charged with crimes to countries where their human rights will be respected, halting the unfair military commissions and fairly resolving the pending cases, and close the Guantánamo prison once and for all."
"The state is motivated to kill condemned people as quickly as possible, and they do that despite evidence that might change their minds," said one anti-death penalty campaigner.
Despite pleas from his sentencing judge, jurors in his trial, and the former head of the state Department of Corrections, South Carolina executed Richard Moore by lethal injection Friday evening after Republican Gov. Henry McMaster and the U.S. Supreme Court declined to intervene in the latest in a series of state-sanctioned killings.
The Charleston Post and Courierreported that Moore was pronounced dead at 6:24 pm local time, 21 minutes after the lethal injection was administered.
"Tonight, the state of South Carolina needlessly took the life of Richard Moore—a loving father and grandfather, a loyal friend, and a devoted follower of Christ," the criminal justice reform group Justice 360 said in a statement. "He was not a danger to anyone, and the state eliminated a glowing example of reform and rehabilitation."
Moore, 59, was convicted of the 1999 murder of convenience store clerk James Mahoney. Moore—who was unarmed when he entered the store—argued that he shot Mahoney in self-defense after the clerk pulled out a gun during an argument over correct change. An all-white jury found Moore guilty of murder and armed robbery.
"This is definitely part of my life I wish I could change. I took a life. I took someone's life. I broke the family of the deceased," Moore said in a video accompanying his clemency petition. "I pray for the forgiveness of that particular family."
Death penalty opponents said Moore's case underscores capital punishment's literally fatal flaws.
"Richard Moore's case, like those of so many others on death row, was tainted with racial bias, including as the two prospective Black jurors were peremptorily dismissed, resulting in an all-white jury," Amnesty International USA researcher Justin Mazzola said in a statement after the execution.
"In addition to the racial bias, the crime that Moore committed was not premeditated, which raised serious concerns as to whether it rose to the level for which the death penalty is reserved in U.S. constitutional law," Mazzola added. "It's shameful that racial bias and lack of premeditation were not enough to convince Gov. McMaster to grant clemency to Richard Moore. Gov. McMaster could have used his clemency power instead of overseeing yet another execution in his state."
Moore was initially forced to choose whether he would be killed by electric chair or firing squad following the 2021 passage by South Carolina's Republican-led Legislature of a new capital punishment law amid a shortage of the lethal injection drug pentobarbital. Moore chose the firing squad.
In 2022, the South Carolina Supreme Court temporarily stayed Moore's execution. He subsequently changed his choice of execution method after the state restocked pentobarbital.
Advocates for Moore pointed to his flawless prison behavior and mentorship to other inmates. Among those urging clemency for Moore were Retired Circuit Court Judge Gary Clary, who sentenced Moore to die.
"Over the years I have studied the case of each person who resides on death row in South Carolina," Clary wrote to McMaster on Tuesday. "Richard Bernard Moore's case is unique, and after years of thought and reflection, I humbly ask that you grant executive clemency to Mr. Moore as an act of grace and mercy."
Jon Ozmint, director of the South Carolina Department of Corrections (SCDC) from 2003 to 2011, wrote, that that Moore "has proven himself to be a reliable, consistent force for good on death row."
However, McMaster informed SCDC Director Bryan Stirling Friday that he had "carefully reviewed and thoroughly considered" Moore's application and "declined to grant executive clemency in this matter."
Moore is the second person executed in South Carolina since it resumed executions. In September, the state killed 46-year-old Freddie Owens. Four more South Carolina death row inmates have exhausted their appeals. They are likely to be executed in the coming months.
"It's like an assembly line," Paul Bowers of the ACLU of South Carolina toldThe Guardian. "The state is motivated to kill condemned people as quickly as possible, and they do that despite evidence that might change their minds."
Where is feminism when we have so many women as elected officials in the U.S. who could not even utter Marcellus “Khaliifah” Williams’ name, nor the name of any individual who the heinous system has touched?
The state of Missouri murdered Marcellus “Khaliifah” Williams on Tuesday, September 24, at 6:00 pm Central Time. His last meal was chicken wings and tater tots; his last words were, “All praise be to Allah in every situation!” His execution was the third execution in Missouri this year and the 100th since Missouri reinstated capital punishment in 1989.
Khaliifiah had hundreds of thousands of supporters behind him worldwide for decades. Millions making calls online and signing his petitions, hundreds in person bringing their grievances to the Missouri Supreme Court, and the prosecution lawyers and family of Lisha Gayle, the social worker and former newspaper reporter who was murdered during a burglary of her home, whom this case revolves around, calling for the death penalty to be dismissed during this case.
Khaliifiah has also held his innocence since the beginning of this trial in 1998, with no forensic evidence supporting Khaliifah as the offender. Each time he was set to be executed, his murder was halted due to further DNA and forensic research, which never got to conclude before his death, nor did the impending Supreme Court case.
The disparities found in Khaliifah’s case are ones systemically embedded in the groundwork of death penalty trials and throughout the entire criminal justice system in the U.S., with many other past cases resurfacing because of Khaliifah’s murder.
Khaliifah never had a fair trial. When first tried in 2001, he was not granted his constitutional rights to a fair jury. Instead, Black jurors were barred from entering the jury because they “looked like Williams.” In his reasoning for going forward with Williams’ execution, Gov. Mike Parsons said that Williams had “exhausted due process and every judicial avenue.” However, Parsons denied Khaliifah’s clemency request to change his sentence to life in prison and also rejected a request to cancel the execution so that a lower court could make a new determination about the discriminatory circumstances of his 2001 jury. Gov. Parsons has never granted clemency for a death penalty case.
According to the Death Penalty Information Center (DPIC), 16 prisoners have been executed in 8 states in the United States this year, and nine more executions are scheduled throughout 2024.
The death penalty and the cruelty of cases like Marcellus “Khaliifah” Williams’ exemplify the systemic racism and throughlines of enslavement that are still housed within the U.S. criminal justice system today. Capital punishment has been around since enslavement, with states like North Carolina using it as a way to squash rebellions and those working to free enslaved individuals. The Jim Crow era continued with lynchings and public executions seemingly becoming interchangeable, with almost all cases of the death penalty being against Black men. And with the 1990s era of mass incarceration, the war on drugs, and a renewed surge of the death penalty—the United took the reins of the highest incarceration population in the world. Today, despite making up 13% of the U.S. population, Black folks make up 42% of those on death row ( according to a 2020 Prison Policy Initiative report).
Robert Dunham, the DPIC executive director, writes:
What is broken or intentionally discriminatory in the criminal legal system is visibly worse in death penalty cases. Exposing how the system discriminates in capital cases can shine an important light on law enforcement and judicial practices in vital need of abolition.
The disparities found in Khaliifah’s case are ones systemically embedded in the groundwork of death penalty trials and throughout the entire criminal justice system in the U.S., with many other past cases resurfacing because of Khaliifah’s murder.
Like many others, I recount these facts about Khaliifah with tears running down my face and anger in my heart—and all I can think about is time. Khaliifah spent two decades in prison for a crime he did not commit. U.S. President Joe Biden sits in a long line of masterminds that got us to the prison-industrial complex that we have today, with many who were sentenced to death while Biden was gunning for the 1994 Crime Bill still awaiting their fate. A prison-industrial complex that has not only murdered and harmed millions of Black and Brown people in the U.S. for centuries but has weaved its web throughout the world, implementing torture, starvation, and capital punishment of its own sort throughout places like Palestine, Lebanon, Yemen, Sudan, and Congo.
And as we run into a new election cycle fueled by feminism and a new wave of young organizers ready to believe in the system at large because of who is heading it, I must ask, where is feminism in this? Where is feminism when we have so many women as elected officials in the U.S. who could not even utter his name, not the name of any individual who the heinous system has touched? Where is feminism as we look out onto almost a year of genocide and nearly 76 years of occupation in Palestine? Where is feminism when our tax dollars go toward the public execution of innocent mothers, fathers, and children who got no jury, no trial, and no time?
From Missouri to Palestine, not even time is a human right.
Below, “The Perplexing Smiles of the Children of Palestine” by Marcellus “Khaliifah” Williams