A military appeals court has determined that Defense Secretary Lloyd Austin overstepped his authority by attempting to invalidate plea agreements for detainees at Guantanamo Bay, including 9/11 mastermind Khalid Sheikh Mohammed. The court's decision, which is yet to be officially released, affirms the legality and enforceability of the plea deals negotiated between military prosecutors and defense lawyers. These agreements will remove the death penalty as a potential punishment.
While the Pentagon retains the right to appeal to the D.C. Circuit federal appeals court, no such action has been taken as of yet. A hearing is scheduled for next week at Guantanamo Bay, where Mohammed and two other defendants may formally enter their guilty pleas in separate proceedings.

Secretary of Defense Lloyd Austin attempted to revoke the 9/11 plea deals in July. (Reuters/Violeta Santos Moura)
Finalized during the summer, the plea agreements in this protracted case were approved by the highest-ranking official of the Guantanamo military commission. However, they have sparked widespread condemnation from 9/11 victims' families and numerous U.S. politicians.

A photo of Khalid Sheikh Mohammed taken shortly after his capture. (HO/AFP via Getty Images)
Then-Senate candidate JD Vance criticized the Biden administration for pursuing these plea deals while simultaneously targeting political adversaries. The Pentagon's July revocation of the agreements was communicated in a letter from Austin, stating his immediate withdrawal from the three pretrial agreements signed on July 31, 2024.

Images of Khalid Shaikh Mohammed released by the FBI and President Bush. (Mai/Getty Images)
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