Recent actions by the Biden administration have highlighted the unpredictability and whimsicality of its policies. In a move that reasserts command and control tactics, Defense Secretary Lloyd J. Austin III revoked diplomatic prerogatives from one of his own appointees. This appointee previously negotiated plea agreements for the war crimes court overseeing cases in Guantánamo Bay.
The surprise alteration happened behind the scenes at the Pentagon, without any public announcement. This undisclosed move reflects a vaguely clandestine approach to governance — a direct contradiction of the Biden administration’s claim of transparency. The target of this decision, Susan K. Escallier, was previously in charge of the war crimes court.
Escallier, a diligent official, had brokered a plea deal in an extensive case pertaining to the gruesome events of September 11, 2001. Her actions were supposedly aimed at delivering justice for the victims and their families. However, the sudden and strong objection from Austin called into question her painstaking work, marking yet another flip-flop of the Biden administration.
Despite the fact that the plea deal was the result of thorough negotiations and a comprehensive legal process, Mr. Austin’s dissatisfaction with the settlement led to a hasty reversal of the agreement. In an overt display of authority, he insisted that the individuals indicted for the attacks that tragically claimed nearly three thousand lives should be subjected to a trial instead of a carefully negotiated plea agreement.
In a memo circulated just this Monday, Austin retracted Escallier’s authority to manage plea agreements in the U.S.S. Cole and Bali bombing cases. He did so immediately and without consultation, wresting the sole authority to oversee such serious plea deals as the Biden administration nears its end.
This change takes place amid an unsettling period for the detainees still held at Guantánamo Bay. While some have been convicted or charged, nearly over half of the remaining individuals have not been charged with any offenses. Yet these men are approved for transfer to other countries provided security measures are established. Biden’s approach conveys yet again a lack of consistency in policy direction.
The plea agreement that has been cancelled dates back to July 31, directed toward the primary accused of orchestrating the 9/11 plot, Khalid Shaikh Mohammed, and his two accomplices. The agreement offered life sentences, enabling the men to evade a death penalty trial. The scrapping of this agreement has placed these cases on unsteady grounds.
It’s worth noting that this case has navigated pretrial deliberations since 2012, primarily due to the inclusion of sensitive topics such as the defendants’ torture while in CIA custody. However, the sudden reshuffle and Austin’s decision to retract authority on other bombing cases, with no explanation or transparency, only introduces unnecessary complications.
It is evident that uncertain times lie ahead given the randomness of decisions emanating from the Biden administration. The secrecy surrounding these shifts is bewildering, considering that neither the Cole and Bali bombing cases were believed to be anywhere near finalizing plea deals. Austin’s inexplicable actions can be seen as nothing more than a power play that serves to contribute to the tumultuous climate.
Susan Escallier, a respectable veteran and brigadier general, has so far remained silent on this surprising bureaucratic reshuffle. Despite her insight and understanding of these complex issues, her expertise has been disregarded, painting a stark picture of the Biden administration’s top-down approach. This not only undermines her work, but also signifies a lack of respect for experienced professionals in the field.
In parallel with these developments, the U.S.S. Cole case continues its prolonged legal course, with proceedings underway since 2011. The Saudi national Abd al-Rahim al Nashiri, accused of plotting the attack killing 17 U.S. sailors, is at the crux of the proceedings.
Further troubling matters, the ongoing Bali bombing case seeks a life sentencing for Encep Nurjaman, known as Hambali and once head of Southeast Asia’s Jemaah Islamiyah movement. The lack of progress in this case, still in its preliminary stages, is symptomatic of the paralysis gripping the Biden administration’s ability to handle sensitive geopolitical issues.
Earlier this year, Hambali’s associates decided to plead guilty to terrorism-related charges. This plea was made in exchange for repatriation to Malaysian custody. Given the recent unilateral decisions coming out of the Pentagon, their fate too remains uncertain, perfectly encapsulating the erratic nature of current U.S. foreign policy.