D.C., July 12, 2025 — A federal appeals court has struck down a controversial plea agreement that would have allowed Khalid Sheikh Mohammed, the alleged mastermind of the September 11, 2001, terror attacks, to avoid the death penalty in exchange for guilty pleas and cooperation.
In a 2-1 decision issued Friday, the U.S. Court of Appeals for the District of Columbia Circuit ruled that former Defense Secretary Lloyd Austin acted within his legal authority when he revoked the plea deals in August 2024. The agreements had been negotiated over two years and approved by military prosecutors and the Pentagon’s convening authority for Guantanamo Bay, where Mohammed and two co-defendants have been held for over two decades.
“The families and the American public deserve the opportunity to see military commission trials carried out,” wrote Judges Patricia Millett and Neomi Rao in the majority opinion, affirming Austin’s decision to withdraw the deals.
The plea agreements would have spared Mohammed, Walid bin Attash, and Mustafa al-Hawsawi from capital punishment, offering life sentences without parole. The deals also included provisions for the defendants to answer questions from victims’ families. However, the reversal now paves the way for full military trials, potentially leading to death penalty convictions.
Judge Robert Wilkins dissented, calling the ruling “stunning” and arguing that the military courts should have been given deference in interpreting their own rules.
Mohammed, captured in Pakistan in 2003 and transferred to Guantanamo in 2006, has long been accused of orchestrating the 9/11 attacks that killed nearly 3,000 people. His case has been mired in legal delays, largely due to concerns over evidence obtained through torture during CIA interrogations.
The decision reignites one of the most complex and emotionally charged prosecutions in U.S. history, with victims’ families divided over whether justice is best served through a trial or a plea resolution. Attorneys for the defendants are now considering appeals to the U.S. Supreme Court.
U.S. Appeals Court Overturns Plea Deal for Alleged 9/11 MastermindWashington,
