Full Breakdown
Supreme Court Rejects Appeal to Reinstate 9/11 Plea Deals
By Drooid · · How we work
Supreme Court Decision
On October 19, 2026, the United States Supreme Court issued an unsigned order denying an appeal filed by Khalid Sheikh Mohammed and two alleged co-plotters, Mustafa al-Hawsawi and Walid bin Attash. The appeal sought to enforce plea agreements that had been withdrawn by former Defense Secretary Lloyd Austin. The Court’s denial removes the final obstacle to a military-commission trial scheduled for 2028, where the death penalty remains a possible sentence. Justice Brett Kavanaugh did not take part in the consideration.
Legal History of the Plea Agreements
In 2024, military prosecutors and the defendants reached plea deals that would have required guilty pleas to all 9/11-related charges in exchange for life sentences, avoiding capital punishment. The agreements were approved by retired Brigadier General Susan Escallier, the Convening Authority for the Guantanamo military commissions. Shortly after the public announcement, Defense Secretary Austin revoked the deals, asserting authority to override them. A military judge ruled in November 2024 that Austin’s revocation was unlawful because the defendants had already begun to fulfill a term of the agreements. The U.S. Court of Appeals for the District of Columbia Circuit subsequently held that Austin “indisputably” possessed the authority to withdraw the plea deals, prompting the defendants’ appeal to the Supreme Court.
Official Positions and Judicial Rulings
- Lloyd Austin: Maintained that the Defense Secretary has the power to nullify pre-trial agreements with military commissions.
- D.C. Circuit Court: Determined that Austin’s authority to rescind the deals was valid, overturning the military judge’s ruling.
- Military Commission Judge (2024): Found the revocation unlawful based on the defendants’ partial performance of the plea terms.
- Supreme Court: Declined to review the lower-court decisions, leaving the D.C. Circuit’s interpretation in place.
Implications for the Upcoming Trial
The denial means Khalid Sheikh Mohammed, al-Hawsawi, and bin Attash will face trial before a military commission in 2028. All three have been detained at Guantanamo Bay since 2006 after earlier transfers from secret CIA prisons where they were subjected to “enhanced interrogation techniques.” The case continues to be delayed by disputes over the admissibility of evidence obtained through those interrogations, a factor that has already prolonged the legal process for more than two decades.