Pentagon chief loses bid to reject 9/11 plea deals

A military appeals court has ruled against Defense Secretary Lloyd Austin’s effort to throw out the plea deals reached for Khalid Sheikh Mohammed and two other defendants in the 9/11 attacks, a U.S. official said. The decision puts back on track the agreements that would have the three men plead guilty to one of the deadliest attacks on the United States in exchange for being spared the possibility of the death penalty. The attacks by al-Qaida killed nearly 3,000 people on Sept. 11, 2001, and helped spur U.S. invasions of Afghanistan and Iraq in what the George W. Bush administration called its war on terror. The military appeals court released its ruling Monday night, according to the U.S. official, who was not authorized to discuss the matter publicly and spoke on condition of anonymity. Military prosecutors and defense attorneys for Mohammed, the accused mastermind of the attacks, and two co-defendants reached the plea agreements after two years of government-approved negotiations. The deals were announced late last summer. Supporters of the plea agreements see them as a way of resolving the legally troubled case against the men at the U.S. military commission at Guantanamo Bay naval base in Cuba. Pretrial hearings for Mohammed, Walid bin Attash and Mustafa al-Hawsawi have been underway for more than a decade. Much of the focus of pretrial arguments has been on how torture of the men while in CIA custody in the first years after their detention may taint the overall evidence in the case. Within days of news of the plea deal this summer, Austin issued a brief order saying he was nullifying them. He cited the gravity of the 9/11 attacks in saying that as defense secretary, he should decide on any plea agreements that would spare the defendants the possibility of execution. Defense lawyers said Austin had no legal authority to reject a decision already approved by the Guantanamo court’s top authority and said the move amounted to unlawful interference in the case. The military judge hearing the 9/11 case, Air Force Col. Matthew McCall, had agreed that Austin lacked standing to throw out the plea bargains after they were underway. That had set up the Defense Department’s appeal to the military appeals court. Austin now has the option of taking his effort to throw out the plea deals to the U.S. Court of Appeals for the District of Columbia Circuit. The Pentagon did not immediately respond to a request for comment. Separately, the Pentagon said it had repatriated one of the longest-held detainees at the Guantanamo military prison, a Tunisian man who U.S. authorities approved for transfer more than a decade ago. Ridah bin Saleh al-Yazidi’s return to Tunisia leaves 26 men at Guantanamo. That’s down from a peak population of about 700 Muslim men detained abroad and brought to the prison in the years after the Sept. 11 attacks. Al-Yazidi’s repatriation leaves 14 men awaiting transfer to other countries after U.S. authorities waived any prosecution and cleared them as security risks. The Biden administration, pressed by rights groups to free remaining Guantanamo detainees held without charge, transferred out three other men this month. The U.S. says it is searching for suitable and stable countries willing to receive the remaining 14. In a statement, the U.S. military said it had worked with authorities in Tunisia for the “responsible transfer” of al-Yazidi. He had been a prisoner at Guantanamo since 2002, when the U.S. began sending Muslim detainees taken abroad there. Al-Yazidi is the last of a dozen Tunisian men once held at Guantanamo. Of those remaining at Guantanamo, seven — including Mohammed and his 9/11 co-defendants — face active cases. Two others of the 26 total have been convicted and sentenced by the military commission.

Amazon workers strike at multiple facilities as Teamsters seek labor contract

Workers at seven Amazon facilities went on strike Thursday, an effort by the Teamsters to pressure the e-commerce company for a labor agreement during a key shopping period. The Teamsters say the workers, who authorized strikes in the past few days, are joining the picket line after Amazon ignored a Sunday deadline the union set for contract negotiations. Amazon says it doesn’t expect an impact on its operations during what the union calls the largest strike against the company in U.S. history. The International Brotherhood of Teamsters say they represent nearly 10,000 workers at 10 Amazon facilities, a small portion of the 1.5 million people Amazon employs in its warehouses and corporate offices. At one warehouse, located in New York City’s Staten Island borough, thousands of workers who voted for the Amazon Labor Union in 2022 and have since affiliated with the Teamsters. At the other facilities, employees - including many delivery drivers - have unionized with them by demonstrating majority support but without holding government-administered elections. The strikes happening Thursday are taking place at one Amazon warehouse in San Francisco, California, and six delivery stations in southern California, New York City; Atlanta, Georgia, and Skokie, Illinois, according to the union’s announcement. Amazon workers at the other facilities are “prepared to join,” the union said. “Amazon is pushing its workers closer to the picket line by failing to show them the respect they have earned,” Teamsters General President Sean M. O’Brien said in a statement. The Seattle-based online retailer has been seeking to re-do the election that led to the union victory at the warehouse on Staten Island, which the Teamsters now represent. In the process, the company has filed a lawsuit challenging the constitutionality of the National Labor Relations Board.

Court backs Texas over razor wire installed on US-Mexico border

A federal appeals court Wednesday ruled that Border Patrol agents cannot cut razor wire that Texas installed on the U.S.-Mexico border in the town of Eagle Pass, which has become the center of the state’s aggressive measures to curb migrant crossings. The decision by the 5th U.S. Circuit Court of Appeals is a victory for Texas in a long-running rift over immigration policy with the Biden administration, which has also sought to remove floating barriers installed on the Rio Grande. Texas has continued to install razor wire along its roughly 1,200-mile (1,900 kilometers) border with Mexico over the past year. In a 2-1 ruling, the court issued an injunction blocking Border Patrol agents from damaging the wire in Eagle Pass. “We continue adding more razor wire border barrier,” Republican Gov. Greg Abbott posted on the social platform X in response to the ruling. A spokesperson for the Department of Homeland Security did not immediately respond to an email seeking comment Wednesday. Some migrants have been injured by the sharp wire, and the Justice Department has argued the barrier impedes the U.S. government’s ability to patrol the border, including coming to the aid of migrants in need of help. Texas contended in the lawsuit originally filed last year that federal government was “undermining” the state’s border security efforts by cutting the razor wire. The ruling comes ahead of President-elect Donald Trump returning to office and pledging a crackdown on immigration. Earlier this month, a Texas official offered a parcel of rural ranchland along the U.S.-Mexico border to use as a staging area for potential mass deportations. Arrivals at the U.S.-Mexico border have dropped 40% from an all-time high in December. U.S. officials mostly credit Mexican vigilance around rail yards and highway checkpoint.

Judge cancels court deadlines in Trump’s 2020 election case after his presidential win

The judge overseeing Donald Trump’s 2020 election interference case canceled any remaining court deadlines Friday while prosecutors assess the “the appropriate course going forward” in light of the Republican’s presidential victory. Special Counsel Jack Smith charged Trump last year with plotting to overturn the results of the 2020 presidential election and illegally hoarding classified documents at his Mar-a-Lago estate. But Smith’s team has been evaluating how to wind down the two federal cases before the president-elect takes office because of longstanding Justice Department policy that says sitting presidents cannot be prosecuted, a person familiar with the matter told The Associated Press. Trump’s victory over Vice President Kamala Harris means that the Justice Department believes he can no longer face prosecution in accordance with department legal opinions meant to shield presidents from criminal charges while in office. Trump has criticized both cases as politically motivated, and has said he would fire Smith “within two seconds” of taking office. In a court filing Friday in the 2020 election case, Smith’s team asked to cancel any upcoming court deadlines, saying it needs “time to assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy.” U.S. District Judge Tanya Chutkan quickly granted the request, and ordered prosecutors to file court papers with their “proposed course for this case” by Dec. 2. Trump had been scheduled to stand trial in March in Washington, where more than 1,000 of his supporters have been convicted of charges for their roles in the Capitol riot. But his case was halted as Trump pursued his sweeping claims of immunity from prosecution that ultimately landed before the U.S. Supreme Court. The Supreme Court in July ruled that former presidents have broad immunity from prosecution, and sent the case back to Chutkan to determine which of the the allegations in the indictment can move forward. The classified documents case has been stalled since July when a Trump-appointed judge, Aileen Cannon, dismissed it on grounds that Smith was illegally appointed. Smith has appealed to the Atlanta-based 11th U.S. Circuit Court of Appeals, where the request to revive the case is pending. Even as Smith looks to withdraw the documents case against Trump, he would seem likely to continue to challenge Cannon’s ruling on the legality of his appointment given the precedent such a ruling would create.

A man who threatened to kill Democratic election officials pleads guilty

A Colorado man repeatedly made online threats about killing the top elections officials in his state and Arizona — both Democrats — as well as a judge and law enforcement agents, according to a guilty plea he entered Wednesday. Teak Ty Brockbank, 45, acknowledged to a federal judge in Denver that his comments were made “out of fear, hate and anger,” as he sat dressed in a khaki jail uniform before pleading guilty to one count of transmitting interstate threats. He faces up to five years in prison when he’s sentenced on Feb. 3. Brockbank’s case is the 16th conviction secured by the Justice Department’s Election Threats Task Force, which Attorney General Merrick Garland formed in 2021 to combat the rise of threats targeting the election community. Earlier this year, French actor Judith Godrèche called on France’s film industry to “face the truth” on sexual violence and physical abuse during the Cesar Awards ceremony, France’s version of the Oscars. “We can decide that men accused of rape no longer rule the (French) cinema,” Godrèche said. “As we approach Election Day, the Justice Department’s warning remains clear: anyone who illegally threatens an election worker, official, or volunteer will face the consequences,” Garland said in a statement. Brockbank did not elaborate Wednesday on the threats he made, and court documents outlining the plea agreement were not immediately made public. His lawyer Thomas Ward declined to comment after the hearing. However, the U.S. Attorney’s Office for Colorado said in statement that the plea agreement included the threats Brockbank made against the election officials — identified in evidence as Colorado Secretary of State Jena Griswold and former Arizona Secretary of State Katie Hobbs, now the state’s governor. Griswold has been outspoken nationally on elections security and has received threats in the past over her insistence that the 2020 election was secure. Her office says she has gotten more frequent and more violent threats since September 2023, when a group of voters filed a lawsuit attempting to remove former President Donald Trump from Colorado’s primary ballot. “I refuse to be intimidated and will continue to make sure every eligible Republican, Democrat, and Unaffiliated voter can make their voices heard in our elections,” Griswold said in a statement issued after Brockbank’s plea. Investigators say Brockbank began to express the view that violence against public officials was necessary in late 2021. According to a detention motion, Brockbank told investigators after his arrest that he’s not a “vigilante” and hoped his posts would simply “wake people up.” He has been jailed since his Aug. 23 arrest in Cortez, Colorado. Brockbank criticized the government’s response to Tina Peters, a former Colorado county clerk convicted this year for allowing a breach of her election system inspired by false claims about election fraud in the 2020 presidential race, according to court documents. He also was upset in December 2023 after a divided Colorado Supreme Court removed Trump from the state’s presidential primary ballot.

Kenya’s deputy president pleads not guilty in impeachment process

Kenya’s deputy president, who faces impeachment, pleaded not guilty in a senate hearing Wednesday to all allegations including corruption, inciting ethnic divisions and support for anti-government protests that saw demonstrators storm the country’s parliament. Deputy President Rigathi Gachagua, who has called the allegations politically motivated, could be the first sitting deputy president impeached in Kenya. The case highlights the friction between him and President William Ruto — something that Ruto once vowed to avoid after his past troubled relationship as deputy to Kenya’s previous president, Uhuru Kenyatta. Gachagua has said he believes the impeachment process has Ruto’s blessing, and has asked legislators to make their decision “without intimidation and coercion.” The tensions risk introducing more uncertainty for investors and others in East Africa’s commercial hub. Court rulings this week allowed the parliament and senate to proceed with the impeachment debate, despite concerns over irregularities raised by the deputy president’s lawyers. The impeachment motion was approved in parliament last week and forwarded to the senate. Gachagua’s legal team will have Wednesday and Thursday to cross-examine witnesses, and the senate will vote Thursday evening. Under the Kenyan Constitution, the removal from office is automatic if approved by both chambers, though Gachagua can challenge the action in court — something he has said he would do. Kenya’s president has yet to publicly comment on the impeachment process. Early in his presidency, he said he wouldn’t publicly humiliate his deputy. Ruto, who came to office claiming to represent Kenya’s poorest citizens, has faced widespread criticism for his efforts to raise taxes in an effort to find ways to pay off foreign creditors. But the public opposition led him to shake up his cabinet and back off certain proposals.

Georgia Supreme Court restores near-ban on abortions while state appeals

The Georgia Supreme Court on Monday halted a ruling striking down the state’s near-ban on abortions while it considers the state’s appeal. The high court’s order came a week after a judge found that Georgia unconstitutionally prohibits abortions beyond about six weeks of pregnancy, often before women realize they’re pregnant. Fulton County Superior Court Judge Robert McBurney ruled Sept. 30 that privacy rights under Georgia’s state constitution include the right to make personal healthcare decisions. The state Supreme Court put McBurney’s ruling on hold at the request of Republican state Attorney General Chris Carr, whose office is appealing. In a dissenting opinion, Justice John J. Ellington argued that the case “should not be predetermined in the State’s favor before the appeal is even docketed.” “The State should not be in the business of enforcing laws that have been determined to violate fundamental rights guaranteed to millions of individuals under the Georgia Constitution,” Ellington wrote. “The `status quo’ that should be maintained is the state of the law before the challenged laws took effect.” Clare Bartlett, executive director of the Georgia Life Alliance, called high court’s decision “appropriate,” fearing that without it, women from other states would begin coming to Georgia for surgical abortions. “There’s no there’s no right to privacy in the abortion process because there’s another individual involved,” Bartlett said. She added: “It goes back to protecting those who are the most vulnerable and can’t speak for themselves.” Monica Simpson, executive director of SisterSong Women of Color Reproductive Justice Collective, said the state Supreme Court had “sided with anti-abortion extremists.” Her group is among the plaintiffs challenging the state law. “Every minute this harmful six-week abortion ban is in place, Georgians suffer,” Simpson said in a statement. “Denying our community members the lifesaving care they deserve jeopardizes their lives, safety, and health — all for the sake of power and control over our bodies.” Leaders of carafem, an Atlanta abortion provider that had planned to expand its services after McBurney’s ruling, expressed dismay at the law’s reinstatement. “Carafem will continue to offer abortion services following the letter of the law,” said Melissa Grant, the provider’s chief operating officer. “But we remain angry and disappointed and hope that eventually people will come back to a more sensible point of view on this issue that aligns with the people who need care.” Georgia’s law, signed by Republican Gov. Brian Kemp in 2019, was one of a wave of restrictive abortion measures that took effect in Republican-controlled states after the U.S. Supreme Court overturned Roe v. Wade in 2022 and ended a national right to abortion. It prohibited most abortions once a “detectable human heartbeat” was present. At around six weeks into a pregnancy, cardiac activity can be detected by ultrasound in an embryo’s cells that will eventually become the heart. Georgia has a separate criminal law that makes illegal abortions punishable by up to 10 years in prison for providers, but not for women having abortions. In addition, the 2019 ban puts physicians at risk of losing their medical licenses if they perform unpermitted abortions. The Georgia Supreme Court’s one-page order Monday exempted one specific provision of the state’s abortion law from being reinstated.