The Supreme Court refused to bring back the plea deal that would have spared accused 9/11 mastermind Khalid Sheikh Mohammed from the death penalty, so his case heads toward a capital trial.
Story Highlights
- On Monday, October 19, the Supreme Court turned away appeals from Khalid Sheikh Mohammed and two co-defendants, Walid bin ‘Atash and Mustafa al Hawsawi.
- That leaves in place a 2025 appeals court ruling that then-Defense Secretary Lloyd Austin had the power to cancel their 2024 plea deals.
- The men still face charges before a military court at Guantánamo Bay, and five of those charges carry the death penalty.
- A military judge has set the trial to begin June 5, 2028.
Supreme Court Denial Keeps Pentagon Decision Intact
The court acted in a short, unsigned order and did not explain its reasons. Justice Brett Kavanaugh took no part in the case. By refusing to hear the appeals, the justices left standing the lower court decision that tossed out the deals. A plea deal is an agreement in which a defendant pleads guilty in exchange for a lighter sentence. Under these deals, the three men would have pleaded guilty to all charges and served life in prison, with no risk of execution.
The order is not a ruling on guilt. Mohammed is accused of planning the September 11, 2001, attacks, when hijacked airliners hit the World Trade Center and the Pentagon and a fourth plane crashed in a Pennsylvania field. Nearly 3,000 people were killed.
How The Plea Deals Fell Apart
The three men were captured in 2003 and held in secret CIA prisons, where they were subjected to harsh interrogation methods widely described as torture. They were moved to Guantánamo Bay in 2006 and formally charged in 2008. Their case has moved through pretrial hearings ever since.
In 2023, military lawyers began talks on plea deals under retired Brig. Gen. Susan Escallier, the official then in charge of the military court system at Guantánamo. She approved the deals in 2024. Days after they were announced in late July 2024, Austin revoked them on August 2, 2024. He argued that a decision to take the death penalty off the table in a case this grave belonged to the defense secretary alone.
In November 2024, a military judge ruled that Austin’s move came too late and that the deals were valid. A military appeals court agreed. The Justice Department then asked the U.S. Court of Appeals for the D.C. Circuit to step in. On July 11, 2025, that court ruled 2-1 for the government. The majority wrote that Austin “acted within the bounds of his legal authority.” Judge Robert Wilkins dissented.
What The 9/11 Families Have Said
The families of those killed have long been split over the deals. When the appeals court threw them out in July 2025, Brett Eagleson, whose father, John Bruce Eagleson, died in the attacks when Brett was 15, called it “a good win.” He opposed the deal and has said only a trial can bring out the truth.
Elizabeth Miller, whose father, firefighter Douglas Miller, was killed when she was 6, backed the deal, in part because she opposes the death penalty. The deals would also have required the men to answer families’ questions about the attacks. A group of 9/11 relatives, September Eleventh Families for Peaceful Tomorrows, filed a brief with the Supreme Court in the case.
Why This Matters To Readers
For families who have waited 25 years, Monday’s order closes the door on a shortcut and keeps the strongest punishment available for the worst attack on American soil. It also confirms that a civilian leader at the Pentagon can make the final call in a case of this size. Many Americans want a justice system that is firm against terror and keeps its word to victims. The next test is whether the case can reach a verdict.
What Comes Next At Guantánamo
On August 26, 2026, military judge Lt. Col. Michael Schrama set June 5, 2028, as the start of the trial for Mohammed and his co-defendants. He turned down prosecutors’ request to start in January 2027. Prosecutors can go forward with the death penalty charges, and defense lawyers can still file motions on evidence and on the men’s treatment in CIA custody before trial begins.
Sources:
cbsnews.com, independent.co.uk, nbcnews.com
