White House National Security Council communications adviser John Kirby on Sunday dodged answering questions regarding the abrupt plea deal reversal provided to a trio of 9/11 terrorists last week.
"Is the president willing to let these terrorists escape the harshest penalty in the system of justice and let that be part of his legacy?"
"Again, this was a decision made by a convening authority in the military chain of command, an independent convening authority," Kirby responded.
"He didn’t weigh in at all?" Heinrich pressed.
"The secretary of defense has the authority to change the delegation of that – of that authority to the convening authority," Kirby continued. "I know that sounds kind of complicated, but he has the authority to do that. He did this on his own."
"But did the president weigh in?" Heinrich asked again.
"This was a decision made by the secretary of defense,"
The Department of Defense announced last week the Convening Authority for Military Commissions entered into pretrial agreements with Khalid Shaikh Mohammad, Walid Muhammad Salih Mubarak Bin 'Attash, and Mustafa Ahmed Adam al Hawsawi. The agreement included taking the death penalty off of the table for the three 9/11 plotters.
As outrage mounted over the agreement, the White House said Biden did not play a role in the deal.
"The White House learned yesterday that the Convening Authority for Military Commissions entered into pretrial agreements, negotiated by military prosecutors, with KSM and other 9/11 defendants,"
Biden has also rejected a proposal last year that would have spared the three suspects from the death penalty.
After the news broke, the Defense Department abruptly backtracked on the agreement on Friday. Secretary of Defense Lloyd Austin has now taken the lead on the case.
"Effective immediately, in the exercise of my authority, I hereby withdraw from the three pretrial agreements that you signed on July 31, 2024,"
No explanation was offered as to why the matter was not settled before the deals were concluded and publicly announced.
Heinrich pressed Kirby whether Biden asked Austin to rescind the deals to the trio of terrorists, to which the White House spokesman responded that Austin made an "independent decision."
"This was a decision made by the secretary of defense. It was an independent decision by him, certainly within his authorities, as in the chain of command at the Defense Department," Kirby responded.
On Sunday, Kirby also addressed ongoing efforts to broker a cease-fire in Israel as war continues raging since Oct. 7, when Hamas launched an attack that killed more than 1,200 and led to the kidnapping of hundreds more.
"Number one, we still believe a cease-fire deal is the best way to bring this war to an end. It's also, we believe, very possible. We still believe the gaps are narrow enough to close," Kirby said.
"The other thing that we've been doing since the 7th of October is making sure that not only Israel has what it needs to defend itself, but that this war doesn't escalate to become something broader, a regional war, a regional conflict. And that's what you're seeing us do."
Concern has grown, however, that Prime Minister Benjamin Netanyahu does not want a cease-fire. On CNN’s "State of the Union," deputy national security adviser Jonathan Finer said he could not weigh in on Biden’s private discussions with Netanyahu about a cease-fire deal, while noting that the two world leaders have a candid and long-established relationship.
"I won't speak to the private conversations that take place between the president and the prime minister. What I will say is these are two people who have a four-decade-plus relationship. One of the extraordinary assets