Justice Department lawyers are defending the defense secretaryβs decision to back out of the agreement that avoided a death penalty trial, moving the question from military to civilian courts.
A judge cited winter weather and a federal holiday for Jimmy Carterβs funeral as reasons for the delay. Government lawyers may also try again to overturn the plea deal.
The three-judge decision appeared, at least for now, to put plea proceedings for Khalid Shaikh Mohammed and two others back on track to take place in early January at GuantΓ‘namo Bay.
The prisoner, who was repatriated to Tunisia, was never charged. His transfer is part of a Biden administration push to further reduce the dwindling detainee population at the wartime prison.