Supreme Court Leaves 9/11 Plea Deal Cancellations in Place

The Supreme Court on October 19 declined to hear appeals by Khalid Sheikh Mohammed, Mustafa al-Hawsawi and Walid bin Attash, leaving in place a ruling that upheld former Defense Secretary Lloyd Austin’s cancellation of their 2024 plea agreements. The decision keeps the death penalty available and returns the case to military court proceedings. The agreements would have required the three men to plead guilty to charges stemming from the September 11, 2001, attacks. Their terms would have removed execution as a possible punishment; accounts described life sentences and public sentencing hearings as part of the proposed arrangements. Austin withdrew the agreements in 2024, two days after they were approved by the Pentagon official overseeing the military commissions. The defendants challenged Austin’s authority to withdraw from the deals, arguing that he acted too late or that the appeals court overstepped its role. The U.S. Court of Appeals for the District of Columbia Circuit ruled in favor of the government, upholding Austin’s authority. The Supreme Court’s refusal to review the case leaves that decision in force. The plea agreements followed more than two years of...