Khalid Sheikh Mohammed, alleged 9/11 mastermind, loses plea deal appeal as Supreme Court turns away challenge
Appeal rejected by justices
The Supreme Court declined to revive plea agreements reached by Khalid Sheikh Mohammed and two alleged accomplices with military prosecutors before the Biden administration revoked them. The ruling leaves the government’s withdrawal in place.
Justice Brett Kavanaugh took no part in the court’s consideration of the appeal. The decision follows conflicting rulings in lower military courts over whether the agreements could be rescinded.
Dispute over plea agreements
Under the deals, the defendants would plead guilty to charges stemming from their alleged roles in the Sept. 11 attacks and receive life sentences instead of facing the death penalty. Shortly after the agreements were announced, Austin said he was revoking them.
A military judge ruled in November 2024 that Austin’s nullification was unlawful and that the agreements remained valid and enforceable. A military appeals court later concluded that Austin could not rescind them because the defendants had started carrying out a term of the deals.
Cases face lengthy delays
The defendants’ cases have been delayed by questions about whether evidence obtained during interrogations can be used at trial. They were held at secret CIA prisons and subjected to what the article describes as “enhanced interrogation techniques,” or torture, before being transferred to Guantanamo Bay in 2006.
They were formally charged in 2008. A D.C. Circuit panel said the secretary acted within his legal authority and that the court would not second-guess his judgment.
Key points
- The Supreme Court rejected the bid to restore the plea deals.
- The agreements would have brought guilty pleas and life sentences, avoiding the death penalty.
- A military judge and appeals court ruled against Austin’s effort to revoke the deals.
- The cases remain delayed by disputes over interrogation evidence.