CBS News
Austin’s surprise decision to overrule 9/11 plea deals muddies military hearing
Secretary of State Lloyd Austin’s surprise decision to overrule the plea deals with three 9/11 terror defendants, including the attack’s alleged architect Khalid Sheikh Mohammed, may muddy their ongoing military hearings.
Defense attorneys are arguing that the plea deals — which would have removed the threat of the death penalty for the three men — still stand, and prosecutors are suggesting that the pre-trial hearings might have to be frozen until the legalities of Austin’s order are clarified. Defense attorneys are questioning whether Austin exercised undue or unlawful command influence.
HO/AFP via Getty Images
On Friday, Austin signed a memo to the Convening Authority for Military Commissions to reserve for himself the authority to enter into pre-trial agreements with the accused and the 9/11 Military Commission cases, and he withdrew from the agreements signed in the cases. His memo was addressed to retired Brigadier Gen. Susan Escallier, who oversaw the deal. Austin said that he was withdrawing her authority in the case and reserving “such authority to myself.”
A senior defense official told reporters in a background briefing Wednesday the department believes Austin acted lawfully because the secretary is the superior convening authority under the Military Commissions Act. Austin, the official said, knew he had to be very careful to avoid any suggestion or indication that he was influencing this case inappropriately.
The secretary traditionally delegates convening authority duties to other officials. Military commissions may be convened either by the secretary or by any official designated by the secretary for that purpose, the defense official said.
The senior defense official said that news of the signing of the plea deals came as a surprise to the department, including the secretary, who has long believed that the families of the victims and the American public deserve to see the defendants tried by a military commission. The official said the department was only informed of the deal shortly before the convening authorities’ press release was issued last Wednesday.
At this point, the parties in Guantanamo will continue with pre-trial proceedings before the military judge. The convening authority, Escallier, retains all the functions and authority for this case except for the authority to enter into pre-trial agreements, the official said. The death penalty has been restored as the maximum penalty, not just for the three defendants, but two other co-defendants who may also try to pursue a plea deal.
President-elect Donald Trump said Saturday that he will nominate former White House aide Brooke Rollins to be his agriculture secretary, the last of his picks to lead executive agencies and another choice from within his established circle of advisers and allies.
The nomination must be confirmed by the Senate, which will be controlled by Republicans when Trump takes office Jan. 20, 2025. Rollins would succeed Tom Vilsack, President Biden’s agriculture secretary who oversees the sprawling agency that controls policies, regulations and aid programs related to farming, forestry, ranching, food quality and nutrition.
Rollins, who graduated from Texas A&M University with a degree in agricultural development, is a longtime Trump associate who served as his former domestic policy chief. She is president and CEO of the America First Policy Institute, a group helping to lay the groundwork for a second Trump administration.
Tom Williams/CQ-Roll Call, Inc via Getty Images
Rollins, 52, previously served as an aide to former Texas Gov. Rick Perry and ran a think tank, the Texas Public Policy Foundation.
Rollins’ pick completes Trump’s selection of the heads of executive branch departments, just two and a half weeks after the former president won the White House once again. Several other picks that are traditionally Cabinet-level remain, including U.S. Trade Representative and head of the Small Business Administration.
Trump didn’t offer many specifics about his agriculture policies during the campaign, but farmers could be affected if he carries out his pledge to impose widespread tariffs. During the first Trump administration, countries like China responded to Trump’s tariffs by imposing retaliatory tariffs on U.S. exports like the corn and soybeans routinely sold overseas. Trump countered by offering massive multibillion-dollar aid to farmers to help them weather the trade war.
President Abraham Lincoln founded the USDA in 1862, when about half of all Americans lived on farms. The USDA oversees multiple support programs for farmers; animal and plant health; and the safety of meat, poultry and eggs that anchor the nation’s food supply. Its federal nutrition programs provide food to low-income people, pregnant women and young children. And the agency sets standards for school meals.
Robert F. Kennedy Jr., Trump’s nominee to lead the Department of Health and Human Services, has vowed to strip ultraprocessed foods from school lunches and to stop allowing Supplemental Nutrition Assistance Program beneficiaries from using food stamps to buy soda, candy or other so-called junk foods. But it would be the USDA, not HHS, that would be responsible for enacting those changes.
In addition, HHS and USDA will work together to finalize the 2025-2030 edition of the Dietary Guidelines for Americans. They are due late next year, with guidance for healthy diets and standards for federal nutrition programs.
A coalition of conservation groups and Native American tribal citizens on Friday called on President Joe Biden to designate nearly 140,000 acres of rugged, scenic Badlands as North Dakota’s first national monument, a proposal several tribal nations say would preserve the area’s indigenous and cultural heritage.
The proposed Maah Daah Hey National Monument would encompass 11 noncontiguous, newly designated units totaling 139,729 acres in the Little Missouri National Grassland. The proposed units would hug the popular recreation trail of the same name and neighbor Theodore Roosevelt National Park, named for the 26th president who ranched and roamed in the Badlands as a young man in the 1880s.
“When you tell the story of landscape, you have to tell the story of people,” said Michael Barthelemy, an enrolled member of the Mandan, Hidatsa and Arikara Nation and director of Native American studies at Nueta Hidatsa Sahnish College. “You have to tell the story of the people that first inhabited those places and the symbiotic relationship between the people and the landscape, how the people worked to shape the land and how the land worked to shape the people.”
The U.S. Forest Service would manage the proposed monument. The National Park Service oversees many national monuments, which are similar to national parks and usually designated by the president to protect the landscape’s features.
Supporters have traveled twice to Washington to meet with White House, Interior Department, Forest Service and Department of Agriculture officials. But the effort faces an uphill battle with less than two months remaining in Biden’s term and potential headwinds in President-elect Trump’s incoming administration.
If unsuccessful, the group would turn to the Trump administration “because we believe this is a good idea regardless of who’s president,” Dakota Resource Council Executive Director Scott Skokos said.
Dozens if not hundreds of oil and natural gas wells dot the landscape where the proposed monument would span, according to the supporters’ map. But the proposed units have no oil and gas leases, private inholdings or surface occupancy, and no grazing leases would be removed, said North Dakota Wildlife Federation Executive Director John Bradley.
The proposal is supported by the MHA Nation, the Spirit Lake Tribe and the Standing Rock Sioux Tribe through council resolutions.
If created, the monument would help tribal citizens stay connected to their identity, said Democratic state Rep. Lisa Finley-DeVille, an MHA Nation enrolled member.
North Dakota Gov. Doug Burgum is Trump’s pick to lead the Interior Department, which oversees the National Park Service. In a written statement, Burgum said: “North Dakota is proof that we can protect our precious parks, cultural heritage and natural resources AND responsibly develop our vast energy resources.”
North Dakota Sen. John Hoeven’s office said Friday was the first they had heard of the proposal, “but any effort that would make it harder for ranchers to operate and that could restrict multiple use, including energy development, is going to raise concerns with Senator Hoeven.”
A city in New Mexico has reached a $20 million settlement with the family of a woman who was shot and killed by a police officer now charged with second-degree murder.
Teresa Gomez, 45, was fatally shot in October 2023 shortly after a Las Cruces police officer on a bicycle approached her while she sat in a parked car with another person, authorities said. Body camera video shows the officer shot Gomez three times as she tried to drive away.
The officer, identified by the city as Felipe Hernandez, was charged in January and fired months later from the Las Cruces Police Department.
“This settlement should be understood as a statement of the City’s profound feeling of loss for the death of Gomez and of the City’s condolences to her family,” the city of Las Cruces said in a news release sent Friday.
Hernandez has pleaded not guilty to the murder charge. His trial is scheduled for June 2. The Associated Press sent an email Saturday seeking comment from Hernandez’s attorney.
A lawyer for the Gomez family said her relatives are grateful to the city “for recognizing the injustice of Teresa’s death,” the Las Cruces Sun-News reported.
“They trust that the city will redouble efforts to make sure no other family suffers the tragedy of losing a loved one to abusive police conduct,” Shannon Kennedy said in a statement to the newspaper.
