John Kirby dodges grilling over plea agreement for 9/11 terrorists: ‘Didn’t hear an answer’

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?’ Fox News’ Jacqui Heinrich asked Kirby during an interview on ‘Fox News Sunday.’

‘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,’ Kirby said, sparking Heinrich to say that she ‘didn’t hear an answer.’

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,’ a White House National Security Council spokesperson told Fox News Digital. ‘The President and the White House played no role in this process. The President has directed his team to consult as appropriate with officials and lawyers at the Department of Defense on this matter.’ 

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,’ the letter from the secretary reads. 

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 in the US-Israel relationship is this personal relationship between these two leaders in which they can speak to each other directly and candidly. That’s been the case since President Biden came to office, it’s certainly been the case since Oct. 7,’ Finer said when asked about Netanyahu potentially avoiding a cease-fire deal. 

‘The United States has been extremely clear, both publicly and privately, about how urgent we think it is that the cease-fire and hostage deal be established. Nothing that’s taken place over the last week or two has changed that sense of urgency, and if anything, part of why we believe this needs to happen as quickly as possible is because in the Middle East, at a time in which there are hostilities taking place, outside factors can infect and disrupt these talks. And so we don’t want to allow that to happen.’ 

Fox News Digital’s Stepheny Price contributed to this article.