A U.S. federal appeals court on Friday overturned a military judge’s ruling that upheld a plea deal for 9/11 mastermind Khalid Sheikh Mohammed and two alleged co-conspirators. The court found that former Defense Secretary Lloyd Austin had the authority to rescind the agreements, which would have removed the possibility of the death penalty.
The court’s decision reverses a significant step toward resolving the long-stalled military tribunal proceedings at Guantanamo Bay. The plea deals, announced in July 2023, had drawn criticism from some 9/11 victims’ families and were formally withdrawn by Austin two days after they were made public.
“Secretary Austin acted within the bounds of his legal authority,” wrote Judges Patricia Millett and Neomi Rao, adding that they would not second-guess his decision. The ruling blocks further actions under the withdrawn plea deals and prohibits hearings related to guilty pleas in those cases.
The 9/11 trial has faced years of delays, including legal disputes over the admissibility of evidence obtained under CIA torture. Mohammed, accused of planning the attacks “from A to Z,” was captured in 2003 and transferred to Guantanamo in 2006 after years in CIA custody.
