Military prosecutors and defense lawyers have been exploring a possible plea bargain in the al-Qaida attacks for more than a year.
The control tower of Camp VI detention facility is seen on April 17, 2019, in Guantanamo Bay Naval Base, Cuba.
Biden’s refusal on the plea-bargain guarantees leaves it to military prosecutors and defense lawyers to try to hash out an agreement on a plea bargain. The terms under discussion would have the five Guantanamo detainees plead guilty and serve life sentences in exchange for being spared the death penalty.
Biden agreed with Defense Secretary Lloyd Austin’s recommendation not to accept the proposed terms as a basis for plea negotiations, according to the National Security Council official, who was not authorized to comment publicly and spoke on the condition of anonymity. The White House had been reluctant to weigh in on the matter. Biden believed that the decision was the responsibility of the senior military official overseeing the U.S. military proceedings at Guantanamo Bay, Cuba, according to another person familiar with the matter who also was not authorized to comment and spoke on condition of anonymity.
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