John Kirby, the communications adviser for the White House National Security Council, evaded questions on Sunday regarding the sudden reversal of a plea deal for three 9/11 terrorists that occurred the previous week.
“Is the president prepared to allow these terrorists to evade the most severe consequences of our justice system, and have that be part of his legacy?” Fox News’ Jacqui Heinrich inquired during her “Fox News Sunday” interview with Kirby.
“This decision was made by a convening authority within the military’s chain of command, which operates independently,” Kirby replied.
“Did he not express any opinion on this?” Heinrich urged.
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National Security Council spokesman John Kirby speaks during the daily briefing at the White House on Jan. 31, 2024. (Mandel Ngan/AFP via Getty Images)
“The Secretary of Defense has the authority to alter the delegation associated with that – with that authority to the convening authority,” Kirby elaborated. “I understand it may seem somewhat intricate, but he possesses that authority. He executed this on his own.”
“But did the president intervene?” Heinrich pressed once more.
“This was a choice made by the Secretary of Defense,” Kirby articulated, prompting Heinrich to respond that she “hadn’t heard a definitive answer.”
The Department of Defense announced last week that the Convening Authority for Military Commissions had reached pretrial agreements with Khalid Shaikh Mohammad, Walid Muhammad Salih Mubarak Bin ‘Attash, and Mustafa Ahmed Adam al Hawsawi. This agreement involved removing the death penalty from consideration for the three 9/11 conspirators.
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Amid escalating anger over the agreement, the White House asserted that Biden was not involved in the decision.
President Biden departs to board Air Force One at Joint Base Andrews in Maryland, on Aug. 15, 2023. (Andrew Caballero-Reynolds/AFP via Getty Images)
“The White House became aware yesterday that the Convening Authority for Military Commissions entered into pretrial agreements, negotiated by military prosecutors, with KSM and other 9/11 defendants,” noted a spokesperson from the White House National Security Council to Fox News Digital. “The President and the White House had no involvement in this procedure. The President has instructed his team to consult as necessary with officials and attorneys from the Department of Defense on this issue.”
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Biden had previously declined a proposal that would have spared the three from the death penalty.
After the news broke, the Defense Department quickly rescinded the agreement on Friday. Secretary of Defense Lloyd Austin has now taken control of the case.
“Effective immediately, in the exercise of my authority, I hereby withdraw the three pretrial agreements that you signed on July 31, 2024,” stated the letter from the secretary.
Secretary of Defense Lloyd Austin has taken the lead on the case. (Anna Moneymaker/Getty Images)
No reason was given as to why the issue wasn’t resolved prior to the deals being finalized and made public.
Heinrich pressed Kirby on whether Biden directed Austin to rescind the agreements with the trio of terrorists, to which the White House spokesman replied that Austin made an “independent decision.”
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“This was a choice made by the Secretary of Defense. It was an independent choice by him, well within his authorities, as per the chain of command at the Defense Department,” Kirby asserted.
On Sunday, Kirby also discussed ongoing attempts to secure a cease-fire in Israel as the conflict has escalated since October 7, when Hamas launched an attack that resulted in over 1,200 fatalities and hundreds more taken hostage.
Spokesman John Kirby speaks during a press briefing at the White House on Tuesday. (AP/Evan Vucci)
“First and foremost, we still maintain that a cease-fire agreement is the most effective way to conclude this conflict. We also believe it remains a very attainable goal. We continue to assert that the gaps are narrow enough to bridge,” Kirby stated.
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“Additionally, since the events of October 7, we have been ensuring that not only does Israel receive the support it requires for its defense, but also that this conflict does not escalate into a broader confrontation, a regional war. That’s the approach you’re witnessing from us.”
Concerns are mounting, however, that Prime Minister Benjamin Netanyahu may not desire a cease-fire. During CNN’s “State of the Union,” Deputy National Security Adviser Jonathan Finer mentioned that he could not comment on Biden’s private discussions with Netanyahu about a cease-fire deal, but noted that the two leaders share a candid and well-established relationship.
Deputy National Security Adviser Jon Finer appears on “Meet the Press” on April 24, 2022. (William B. Plowman/NBC/NBCU Photo Bank via Getty Images)
“I won’t comment on the private discussions that occur between the president and the prime minister. However, I will say that these two leaders have enjoyed a relationship spanning over four decades. One of the remarkable assets of the US-Israel relationship is the personal rapport between them, enabling direct and sincere communication. This dynamic has been in play since President Biden took office, especially since October 7,” Finer remarked when asked about Netanyahu possibly avoiding a cease-fire agreement.
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“The United States has been extraordinarily clear, both publicly and privately, regarding the urgency we attribute to establishing a cease-fire and hostage arrangement. Nothing that has transpired over the past week or two has diminished that urgency; if anything, part of the reason we believe this needs to occur as swiftly as feasible is that, in the Middle East, amid ongoing hostilities, external influences can disrupt and infect these negotiations. We seek to prevent that from happening.”
Fox News Digital’s Stepheny Price contributed to this article.
