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Lawfare Daily: Gen. Baker on the 9/11 Guilty Pleas that Were… Then Weren’t

Natalie K. Orpett, John Baker, Jen Patja
Thursday, August 8, 2024, 8:00 AM
What happened to the guilty plea deal reached with individuals charged with planning 9/11?

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Last week, three defendants in the 9/11 case at Guantanamo agreed to plead guilty in the military commissions. Two days later, the Secretary of Defense pulled out of the agreements. What happened?

Lawfare Executive Editor Natalie Orpett sat down with General John Baker, who served as the Chief Defense Counsel of the Guantanamo Military Commissions until 2021. They talked about how the 9/11 case got to plea agreements after more than a decade of litigation, why Secretary Austin scuttled them, and what it all portends for the future of this case—and the military commissions more broadly.

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Natalie Orpett is the executive editor of Lawfare and deputy general counsel of the Lawfare Institute. She was previously an attorney at the law firm Jenner & Block, where she focused on investigations and government controversies, and also maintained an active pro bono practice. She served as civilian counsel to a defendant in the Guantanamo Military Commissions for more than eight years. She also served as counsel to the National Security and Foreign Policy Legal Team of the Biden-Harris Transition Team.
Ret. Brig. General John Baker served as chief defense counsel for the Military Commissions Defense Organization in Guantanamo Bay until December 2021.
Jen Patja is the editor and producer of the Lawfare Podcast and Rational Security. She currently serves as the Co-Executive Director of Virginia Civics, a nonprofit organization that empowers the next generation of leaders in Virginia by promoting constitutional literacy, critical thinking, and civic engagement. She is the former Deputy Director of the Robert H. Smith Center for the Constitution at James Madison's Montpelier and has been a freelance editor for over 20 years.

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