S. 34 — Justice for 9/11 Act

This section provides, notwithstanding double jeopardy protections under 10 U.S.C. 949h, that any plea agreement entered into by Khalid Shaikh Mohammad, Walid Muhammad Salih Mubarak Bin ‘Attash, or Mustafa Ahmed Adam al Hawsawi for actions involving the September 11, 2001, terrorist attacks—and any related judgment—does not preclude their trial by military commission under chapter 47A of title 10, U.S. Code, or under any other provision of law for that attack. The section further ensures that a sentence of death is available in any such trial of these three individuals. Finally, the section mandates that, for any sentence imposed on these individuals, they (1) be held at United States Naval Station, Guantanamo Bay, Cuba, in solitary confinement, with no contact with foreign nationals and no psychological treatment except as specifically authorized by medical authorities there; and (2) not be transferred to the continental United States or any other country.