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Supreme Court rejects Khalid Sheikh Mohammed’s bid to revive 9/11 plea deal

The justices declined to hear appeals by three Guantanamo detainees seeking to enforce agreements that would have spared them the death penalty.

Exterior of the Supreme Court of the United States in Washington, D.C.
File photo of the Supreme Court of the United States in Washington, D.C., photographed in 2007. Photo by Mr. Kjetil Ree . — Photo by Mr. Kjetil Ree, ‘US Supreme Court’ (resized and converted to WebP). CC BY-SA 3.0.Image sourceImage licence: CC BY-SA 3.0
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The US Supreme Court on October 19 rejected appeals by Khalid Sheikh Mohammed and two other men accused in the September 11 attacks who sought to enforce plea agreements withdrawn by the government, NBC News reported. The decision removes a barrier to their trial before a military commission at Guantanamo Bay, Cuba, where the death penalty remains possible.

The other appellants were Mustafa Ahmed al-Hawsawi and Walid bin Attash, according to NBC News. Reuters separately reported that the justices declined to hear the three men’s appeals, leaving in place a lower court ruling that upheld the withdrawal of the agreements. The Supreme Court docket identifies the case as Khalid Shaikh Mohammad et al. v. United States, No. 26-13.

How the 2024 plea agreements unraveled

The three men entered agreements with military prosecutors in 2024 under which they would plead guilty and receive life sentences rather than face the death penalty, according to NBC News and Reuters. Former Defense Secretary Lloyd Austin revoked the agreements two days after they were accepted, Reuters reported. The defendants then contested whether he had the authority to undo them.

A military commission judge and a military appeals court ruled against the government’s effort to withdraw the deals, NBC News reported. Reuters said a divided panel of the US Court of Appeals for the District of Columbia Circuit backed Austin in July 2025, ruling 2-1 that he had legal authority to withdraw from the agreements. The defendants appealed that outcome to the Supreme Court.

Defense lawyers argued that Austin’s action violated military law and prolonged what they called the best chance for finality in the September 11 case in a quarter century, Reuters reported. The Supreme Court’s decision to decline the appeals leaves the lower court ruling in place; the accounts of the decision do not set out a new Supreme Court ruling on the lawyers’ arguments.

Trial scheduled for June 2028

A military judge set the trial for June 2028, Reuters reported. Mohammed has been held at Guantanamo since 2006, according to NBC News, which said concerns about evidence obtained through CIA torture have contributed to the long delay in bringing his case to trial. Ali Abdul Aziz Ali, another alleged plotter expected to face trial, did not join this Supreme Court appeal, NBC News reported.

Mohammed is accused of directing the plot to fly hijacked aircraft into the World Trade Center and the Pentagon on September 11, 2001. A fourth aircraft crashed in Pennsylvania; nearly 3,000 people were killed in the attacks, Reuters reported. The accusations against Mohammed remain allegations as the military prosecution proceeds.

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