Supreme Court Leaves Pentagon's Cancellation of 9/11 Plea Deals in Place
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The Supreme Court on Monday turned away an appeal from Khalid Sheikh Mohammed and two co-defendants who wanted to hold the government to plea agreements it later withdrew. The decision leaves the Pentagon's cancellation of the deals in place, and the three men remain headed toward a military trial in which the death penalty is possible.
According to CBS News, the court acted in an unsigned order, and Justice Brett Kavanaugh did not take part in considering the appeal. NBC News reported that the action removes one barrier to a military commission trial for Mohammed in 2028.
Who appealed and what they wanted
Mohammed is accused of being the ringleader of the plot behind the Sept. 11, 2001, attacks, in which hijacked planes were crashed into the World Trade Center and the Pentagon. A fourth plane went down in a field in Pennsylvania. NBC News reported that Mohammed has been held at the U.S. base at Guantanamo Bay, Cuba, since 2006.
Two other men joined the appeal: Mustafa Ahmed al-Hawsawi and Walid bin Attash, who are also held at Guantanamo. A fourth alleged plotter slated for trial, Ali Abdul Aziz Ali, was not part of the appeal, NBC News said.
The three had reached agreements with military prosecutors in 2024. Under those terms, according to CBS News, they would have pleaded guilty to all charges tied to the attacks and served life sentences, avoiding execution. ABC News described the sentence as life in prison without parole.
How the plea deals fell apart
CBS News reported that military lawyers began discussing deals with the defendants in 2023, after retired Brig. Gen. Susan Escallier was appointed to oversee the military commissions. She approved the agreements, which a military commission judge also signed off on, according to NBC News.
Days later, then-Defense Secretary Lloyd Austin rejected them. ABC News reported that he said a decision on the death penalty in an attack of this gravity should be made only by the defense secretary.
The military courts did not agree with him at first. CBS News reported that a military judge ruled in November 2024 that Austin's nullification was unlawful, which made the agreements valid and enforceable. A military appeals court then said Austin could not withdraw because the defendants had begun to carry out one of the terms.
The Justice Department challenged those rulings in the U.S. Court of Appeals for the District of Columbia Circuit. According to NBC News, that court sided with the government in an August ruling. ABC News said the panel was divided. CBS News reported that the panel found Austin "indisputably" had the authority to withdraw. Defense attorneys had argued, among other points, that Austin acted too late and that the appeals court had no authority to step into the case.
Why it matters for the case and the families
In practical terms, the Supreme Court's refusal means the guilty-plea route is closed for now, and the case returns to the military commission at Guantanamo. CBS News reported that five of the charges the three men face carry the death penalty. ABC News reported that a trial date has been set for 2028. CBS News gave the date as June 2028, tied to the parties meeting certain deadlines and milestones on time.
The prosecutions have already dragged on for years. NBC News said the delay has stemmed partly from concerns about evidence obtained through CIA torture. CBS News reported that the men were held at secret CIA prisons, where they were subjected to what the government called enhanced interrogation techniques, before being moved to Guantanamo in 2006. They were formally charged in 2008, and CBS News said questions over whether evidence from their interrogations can be used in court have continued to slow the proceedings.
The ruling also bears on the families of Sept. 11 victims, who have not shared one view. ABC News reported that some relatives believe a trial is the best path to justice, while others saw the plea deals as the best hope of ending a long and painful case.
What comes next
With the appeal rejected, the three defendants are expected to proceed toward trial before a military commission in 2028. The reports do not detail what further pretrial steps are scheduled before then.
