Prosecutors have set a new deadline of Sept. 18 for four detainees at Guantánamo Bay to plead guilty to the September 11, 2001 attacks and face a maximum punishment of life imprisonment.
The fifth defendant in the case is unable to stand trial and will likely be removed from the proceedings.
Prosecutors have informed the judge that they will not contest a mental health panel’s determination that Ramzi bin al-Shibh is not mentally fit for trial. The judge is expected to sever him from the case when hearings resume next week.
Prosecutors have also given defense lawyers until the start of the hearings next week to submit signed agreements if Khalid Shaikh Mohammed or any of the other defendants are willing to plead guilty. The deadline is driven by the imminent departure of the current overseer of the case, Jeffrey D. Wood.
Brig. Gen. Susan K. Escallier will replace Jeffrey D. Wood on Oct. 8. It is uncertain whether Gen. Escallier will authorize continued plea discussions or handle proposed plea deals herself.
Hearings were on hold while prosecutors waited for a response from the White House regarding a torture treatment program and confinement conditions, both of which were rejected by President Biden.
Personel changes and the evaluation of Mr. bin al-Shibh’s sanity have caused delays.
Mr. bin al-Shibh is accused of organizing a cell of hijackers and attempting to carry out the 9/11 attacks.
He was captured in Karachi, Pakistan in 2002 and was held in secret C.I.A. prisons that employed torture to extract intelligence.
Concerns about his sanity have persisted, as he has been removed from the courtroom multiple times for outbursts and complaints about sleep deprivation.
In 2014, Mr. bin al-Shibh was removed from the case for evaluation, but prosecutors fought to have him reinstated.
However, a recent evaluation diagnosed him with post-traumatic stress syndrome and aspects of psychosis, rendering him unable to assist in his own defense or plead guilty voluntarily.
Prosecutors have stated that they will not bring in experts to challenge the diagnosis or discuss potential treatments when the hearings resume. Mr. bin al-Shibh’s lawyer has also indicated that he will not call witnesses to discuss the evaluation. The judge will then decide whether to separate him from the case or suspend the proceedings for treatment.
Prosecutors had hired forensic psychiatrist Michael Welner as a consultant, but their plans to have him testify have been halted. Dr. Welner previously testified in another capital case at Guantánamo but his opinion was rejected by the military judge.