
The five men named in the memo were: Khalid Sheikh Mohammed, often referred to as KSM, Walid Muhammad Salih Mubarak bin Attash, Mustafa Ahmed Adam al-Hawsawi; and two others not mentioned in the original plea: Ramzi bin al-Shibh and Ali Abdul Aziz Ali.
The men have been in custody for decades without trial. All have alleged they were tortured – KSM was subjected to simulated drowning, so-called “waterboarding”, 183 times before it was banned by the US government.
All have already faced more than a decade of pre-trial hearings, complicated by the allegations and evidence of torture against them.
Several family members of victims had criticised the terms of the deal struck on Wednesday as too lenient.
Brett Eagleson, the president of 9/11 Justice, which represents survivors and relatives of victims, had told the BBC earlier this week that the families were “deeply troubled by these plea deals”.
Terry Strada, who lost her husband Tom, told the BBC’s Today Programme: “It was a gut-punch to hear that there was a plea deal today that was giving the detainees in Guantanamo Bay what they want.”
A lawyer at Guantanamo representing Mr Mohammed told The New York Times, external that he was shocked by the sudden u-turn.
“If the secretary of defence issued such an order, I am respectfully and profoundly disappointed that after all of these years the government still has not learned the lessons of this case,” said lawyer Gary Sowards.
“And the mischief that results from disregarding due process and fair play.”
The men have been accused of a litany of charges, including attacking civilians, murder in violation of the laws of war, hijacking and terrorism.
In September, the Biden administration reportedly rejected the terms of a plea deal with five men held at the US Navy base in Cuba, including Mohammed.
The men had reportedly sought a guarantee from the president that they would not be kept in solitary confinement and would have access to trauma treatment.
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