(CNN)Lawyers in the case of five Guantanamo detainees accused of planning the September 11, 2001 terrorist attacks are in talks with prosecutors to reach a possible settlement and avoid a death penalty trial at the Guantanamo Bay Military Court , according to a person familiar with the process.
Legal teams on both sides of the infamous case, which include defendant Khalid Sheikh Mohammed, known for masterminding the 9/11 attacks, arrived in Guantanamo Bay, Cuba last week for scheduled hearings. But on the first day the hearings were due to begin, Cheryl Bormann, the lead defense attorney for jailed Walid Muhammad Salih Mubarak Bin ‘Attash, requested that the case be withdrawn, the source said.
Afterward, prosecutors emailed all five defense teams and proposed negotiations. Talks began on March 10 between the prosecution, composed of Justice Department lawyers, and the five defense teams representing each Guantanamo detainee in the case. Discussions revolve around reaching possible settlements that would avoid a death penalty trial for the detainees, the source said.
“Negotiated agreements are part of all criminal proceedings and negotiations have taken place throughout the case,” James Connell, defense attorney for imprisoned Ali Abdul Aziz Ali, said in a statement on the ongoing talks. “The process is not unusual.”
The New York Times first reported on the discussions about possible settlement agreements.
The trial of the five men accused of planning the 9/11 attacks, originally envisaged by former President George W. Bush as a way to bring justice to the families of 9/11 victims, is mostly stuck stuck in bureaucratic purgatory a decade.
All five men were indicted in 2012 during the Obama administration, but the case has been in pretrial hearings for almost 10 years since then. Several attorneys on both sides of the case have come and gone, and four judges have presided over the case.
Much of the pre-trial debate in this case revolved around how the issue of torture should be addressed if the case went to trial. All five detainees were tortured by the US government while held in secret CIA prisons known as “Black Sites” in the 2000s. Their lawyers said the men had health problems as a result of the torture.
If the legal teams reached an agreement, it would avoid a complicated and potentially lengthy death penalty process. The trial, if it came to that, would take place before the military court at Guantanamo Bay Naval Station.
President Joe Biden has announced his intention to close the Guantanamo Bay detention center.
Deputy Defense Department press secretary Todd Breasseale declined to comment on the ongoing discussions, but said a resolution of the military commission process through a “negotiated settlement” would contribute to the Biden administration’s goal of closing the prison.
“The government is committed to the responsible closure of the Guantanamo Bay detention center. Resolving the military commission process through trial or through negotiation contributes to that goal,” Breasseale said in a statement to CNN. “It would be inappropriate to comment on any settlement negotiations.”
38 prisoners are still in prison.
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