PolicyBrief
H.R. 296
119th CongressJan 9th 2025
Justice for 9/11 Act
IN COMMITTEE

The "Justice for 9/11 Act" ensures that individuals detained at Guantanamo Bay for the September 11, 2001, terrorist attack can still face trial, with the possibility of a death sentence, and mandates specific confinement conditions, including solitary confinement at Guantanamo Bay, with no possibility of transfer.

Michael Lawler
R

Michael Lawler

Representative

NY-17

LEGISLATION

New 9/11 Bill Mandates Solitary Confinement, Death Penalty Option for Guantanamo Detainees: Eliminates Plea Deals, Bans Transfers

The "Justice for 9/11 Act" directly targets Khalid Shaikh Mohammad, Walid Muhammad Salih Mubarak Bin Attash, and Mustafa Ahmed Adam al Hawsawi, all of whom are detained at Guantanamo Bay in connection with the September 11, 2001, terrorist attacks. This bill dictates how these individuals will be tried and, if convicted, how they'll be confined.

Shackles and Sentences

This law throws a wrench into the usual legal process. First, it states that any previous or future plea agreements made by these three detainees related to 9/11 won't prevent a full trial (SEC. 2). Think of it like this: even if they've already confessed or tried to make a deal, the government can still go for a full trial. Second, and this is big, the death penalty is explicitly on the table, "regardless of any other law" (SEC. 2). This means any existing restrictions on capital punishment are overridden in these specific cases.

Life in Lockdown

If convicted, the bill mandates specific, harsh conditions for these detainees. They must be held at Guantanamo Bay, in solitary confinement, with no contact with foreign nationals (SEC. 2). The only psychological treatment they can receive is what's authorized by medical authorities at Guantanamo Bay (SEC. 2). And, crucially, they absolutely cannot be transferred to the continental United States or any other country (SEC. 2). Imagine a construction worker forced to work on the same small site, alone, indefinitely, with no chance of moving to a new project or even going home. That's the level of restriction we are talking about here.

The Big Picture: Justice or Just Harsh?

This bill is a clear statement about how these specific 9/11 detainees will be treated. It bypasses typical legal procedures, imposes strict confinement rules, and explicitly allows for the death penalty. The long-term implications are significant. It essentially creates a separate legal track for these individuals, potentially conflicting with existing laws and raising serious questions about due process. It also sets a precedent: if these rules apply to these detainees, could they be applied to others in the future? While it's called the "Justice for 9/11 Act", the reality of how that 'justice' is applied is far more restrictive than anything we usually see in the American legal system.