Justice for 9/11 Act: New Bill Mandates Solitary Confinement, Limits Legal Options for Guantanamo Detainees

The "Justice for 9/11 Act" directly targets the legal fates of Khalid Shaikh Mohammad, Walid Muhammad Salih Mubarak Bin Attash, and Mustafa Ahmed Adam al Hawsawi, all currently detained at Guantanamo Bay in connection with the September 11th attacks. This bill has one main objective: to ensure that these individuals face trial and, if convicted, receive severe punishment with restricted legal recourse.

Shackles and Solitary

This bill significantly alters the legal landscape for these detainees. Here’s the core of it:

• No Plea Bargain Escape: Section 2 explicitly states that any previous plea agreements or judgments under section 949h of title 10, United States Code, do not prevent these individuals from being tried under chapter 47A of the same title (or any other law related to 9/11). Basically, past deals are off the table.
• Death Penalty on the Table: The bill greenlights the consideration of the death penalty in any trial related to the 9/11 attacks for these individuals, "notwithstanding any other provision of law." (SEC. 2)
• Guantanamo Lockdown: If sentenced, these individuals must be held at Guantanamo Bay in solitary confinement. They are prohibited from contact with foreign nationals. The bill also states that psychological treatment is only allowed as authorized by medical authorities at the base. (SEC. 2). They cannot be transferred to the United States or any other country. (SEC. 2)

Real-World Ramifications

Imagine being a lawyer for one of these detainees. Your options just shrunk dramatically. Plea bargains, a common tool in complex cases, are essentially ruled out. The possibility of transfer to a different facility, perhaps one with less restrictive conditions, is gone. The mandated solitary confinement, regardless of the individual's mental state or behavior, raises serious concerns. For the families of 9/11 victims, this bill might represent a step toward what they see as justice. But the restrictions on legal process and the mandatory solitary confinement are big, flashing red lights.

The Bigger Picture: Due Process on Trial?

This bill raises fundamental questions about due process and the balance between justice and human rights. While the aim is to ensure accountability for the 9/11 attacks, the methods—mandated solitary confinement, restricted legal options, and the prohibition of transfers—could set a concerning precedent. It essentially creates a separate legal track for these specific individuals, potentially undermining long-standing legal principles. The bill's restrictions could lead to indefinite detention without a true, fair legal review, and the mandatory solitary confinement is something many international bodies consider inhumane.