Secretary of Defense Lloyd Austin was surprised when the convening authority announced it had agreed to a plea deal with three of the leaders behind the 9/11 terrorist attacks. 

The announcement of the plea deals for Khalid Sheik Mohammad, the accused mastermind behind the attacks, Walid Muhammad Salih Mubarak bin Attash, and Mustafa Ahmed Adam al Hawsawi, two of his alleged accomplices, occurred last Wednesday. Austin then reversed that decision and overtook the case on Friday.

He was “certainly surprised” when the decision was announced, Pentagon deputy spokeswoman Sabrina Singh told reporters on Monday, adding that the secretary believes the people “deserve to see military commission trials carried out in this case.”

The convening authority is independent of Austin, though he does have the power to take back the authority, which he did.

“I have determined that, in light of the significance of the decision to enter into pre-trial agreements with the accused in the above-referenced case, responsibility for such a decision should rest with me as the superior convening authority under the Military Commissions Act of 2009,” Austin wrote in the memo announcing his decision. “Effective immediately, I hereby withdraw your authority in the above-referenced case to enter into a pre-trial agreement and reserve such authority to myself.”

The now-rescinded agreed-upon plea deal removed the death penalty as a potential punishment, and in exchange, the three defendants would be required to plead guilty to all of the charged offenses, including the murder of 2,976 people. They would also have to respond to questions from family members of those affected by the terrorist attacks submitted on a specific website.

The deal sparked outrage from the 9/11 community — survivors, first responders, and those who lost loved ones in the attacks. 

9/11 Justice, which represents families of the victims of the attacks, said the group was “astounded and deeply frustrated that our families were not consulted or even notified in advance of the plea deal or its subsequent revocation.” 

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Despite Austin’s belief that the United States deserves to see these trials take place, the trial and their detention have been hidden from the public for about two decades.

The White House also distanced itself from the plea deal before Austin rescinded it.