U.S. Appeals Court Blocks 9/11 Mastermind’s Attempt to Avoid Death Penalty Through Plea Deal

Washington, D.C., July 12 — A U.S. federal appeals court has ruled against permitting Khalid Sheikh Mohammed—the accused architect of the September 11, 2001, terrorist attacks—and two of his co-defendants to enter plea agreements that would have spared them the death penalty.

In a 2–1 decision issued Friday, the U.S. Court of Appeals for the District of Columbia Circuit overturned a series of legal maneuvers aimed at resolving the long-stalled military prosecution of the three Guantanamo Bay detainees. The ruling effectively derails a controversial effort to conclude one of the most complex and politically sensitive legal proceedings in U.S. history.

The plea deals, initially offered in 2023 and approved by the Pentagon official overseeing the Guantanamo military commissions, were withdrawn in August that year by then-Defense Secretary Lloyd Austin. The move followed intense political backlash from Republican lawmakers who opposed any resolution that would eliminate the possibility of capital punishment for the accused.

A military judge had later ruled that Secretary Austin did not have the authority to revoke the agreements, a decision upheld in December by the U.S. Court of Military Commission Review. Plea hearings were subsequently scheduled. However, those proceedings were halted after the Biden administration—continuing a legal challenge initiated under President Donald Trump—sought a review by the D.C. Circuit.

On Friday, Circuit Judges Patricia Millett (appointed by President Barack Obama) and Neomi Rao (appointed by President Donald Trump) ruled that Austin had acted within his legal authority in withdrawing the plea deals.

“Having properly assumed the convening authority, the Secretary determined that the families and the American public deserve the opportunity to see military commission trials carried out,” the court stated. “The Secretary acted within the bounds of his legal authority, and we decline to second-guess his judgment.”

Judge Robert Wilkins, also an Obama appointee, dissented, calling the decision “stunning” and arguing that deference should have been given to military courts' interpretation of their own procedures.

Legal representatives for Mohammed and co-defendant Mustafa Ahmed Adam al Hawsawi declined to comment. Matthew Engle, counsel for the third defendant, Walid Muhammad Salih Mubarak bin ’Atash, indicated that a further appeal—including to the U.S. Supreme Court—is under consideration.

Khalid Sheikh Mohammed remains the most prominent detainee at the U.S. naval base in Guantanamo Bay, Cuba. Captured in 2003, he is accused of masterminding the 9/11 attacks, which killed nearly 3,000 people when hijacked planes were flown into the World Trade Center in New York and the Pentagon in Washington. A fourth plane, United Airlines Flight 93, crashed in Pennsylvania after passengers attempted to retake control.

Guantanamo Bay was established in 2002 under President George W. Bush as part of the U.S. response to global terrorism. The military commissions have faced ongoing criticism and repeated legal delays over the past two decades, with the prosecution of 9/11 suspects among the most scrutinized.

The latest ruling underscores the continuing legal, ethical, and political complexities surrounding justice for the September 11 attacks—nearly a quarter-century after they occurred.