Sabrina ColeOct 20, 2026 4 min read

Supreme Court Rejects Alleged 9/11 Mastermind's Bid to Revive Plea Deal

395630 20: (UNDATED FILE PHOTO) Khalid Shaikh Mohammed, a suspected al Qaeda terrorist, is shown in this photo released by the FBI October 10, 2001 in Washington, D.C. Mohammed was arrested at a house in Rawalpindi, Pakistan. The accused terrorist is said to be linked to nearly every al Qaeda terrorist attack, including the September 11, 2001 attacks in the U.S.  (Photo Courtesy of FBI/Getty Images)
Khalid Shaikh Mohammed, an al Qaeda terrorist, is shown in this photo released by the FBI on October 10, 2001. | Getty Images

The Supreme Court on Monday refused to revive a plea deal that would have spared Khalid Sheikh Mohammed, the accused mastermind of the Sept. 11, 2001, attacks, from the possibility of execution.

The justices declined in an unsigned order to hear appeals from Mohammed and two co-defendants, Walid bin 'Atash and Mustafa al Hawsawi, CBS News reported. Justice Brett Kavanaugh did not take part in the decision. The court did not explain its reasoning, and no dissents were noted.

What the Plea Deal Would Have Done

Under the agreements reached with military prosecutors in 2024, the three men would have pleaded guilty to all charges and received life sentences without the possibility of parole. In exchange, they would have avoided the death penalty, The Associated Press reported.

ARLINGTON, VIRGINIA - JANUARY 17: U.S. Secretary of Defense Lloyd Austin (2nd L) reviews the troops during an Armed Forces Farewell Tribute event at Conmy Hall of Joint Base Myer-Henderson Hall on January 17, 2025 in Arlington, Virginia. Secretary Austin was honored for is role as the 28th Secretary of Defense of the United States. (Photo by Alex Wong/Getty Images)
U.S. Secretary of Defense Lloyd Austin. | Getty Images

The deals were approved by retired Brig. Gen. Susan Escallier, the Pentagon's senior official overseeing the military commissions at Guantanamo Bay. But about 48 hours after they were announced, then-Defense Secretary Lloyd Austin threw them out, NPR reported. The deals came after more than two years of negotiations.

Austin said that in an attack this serious, the decision on whether to pursue the death penalty should only be made by the defense secretary.

A Long Legal Fight

Defense attorneys argued that Austin acted too late. In November 2024, a military judge agreed, ruling that his move was unlawful and that the agreements were valid. A military appeals court later said Austin could not cancel the deals because the defendants had already begun carrying out one of their terms.

U.S. NAVAL BASE GUANTANAMO, CUBA - JULY 16: (EDITORS NOTE: IMAGE REVIEWED BY U.S. MILITARY PRIOR TO TRANSMISSION) U.S. Army Spc. David McLean stops and salutes as the short morning "Military Colors" tune is trumpeted from nearby speakers at Camp Justice, the site of the U.S. war crimes tribunal compound on July 16, 2009 at Guantanamo Bay U.S. Naval Base, Cuba. Hearings in four separate cases are being held at Guantanamo Bay, including the case titled U.S. vs. Mohammed, with Khalid Sheikh Mohammed and four fellow Sept. 11, 2001 attack defendants. (Photo by Brennan Linsley-Pool/Getty Images)
Hearings in four separate cases were held at Guantanamo Bay, including the case titled U.S. vs. Mohammed, with Khalid Sheikh Mohammed and four fellow Sept. 11, 2001 attack defendants. | Getty Images

The Justice Department then asked a federal appeals court in Washington to step in. A divided panel of the U.S. Court of Appeals for the D.C. Circuit sided with the government last year, finding that the defense secretary "indisputably" had the authority to withdraw from the agreements.

GUANTANAMO BAY, CUBA - DECEMBER 7:  An image reviewed by the US military shows a "Camp Justice" sign near the  high-tech, high-security courtroom which will hold the pre-trial sessions for Khalid Sheikh Mohammed and his four co-defendants on charges related to the 9/11 attacks at "Camp Justice" on December 07, 2008 in Guantanamo Bay, Cuba. Khalid Sheikh Mohammed, the alleged mastermind of the September 11, 2001 attacks, is set to appear Monday before a US military tribunal where he will face victims' kin for the first time. (Photo by Mandel Ngan-Pool/Getty Images)
Camp Justice held the pre-trial sessions for Khalid Sheikh Mohammed and his four co-defendants on charges related to the 9/11 attacks. | Getty Images

"The Secretary acted within the bounds of his legal authority, and we decline to second-guess his judgment," the panel wrote.

With the Supreme Court declining to take up the case, that ruling stands, and the plea deals remain off the table.

More Than Two Decades Without a Trial

Mohammed, bin 'Atash and al Hawsawi were captured in 2003. They were held in secret CIA prisons, where they were subjected to what the government called "enhanced interrogation techniques," which critics have described as torture, before being moved to Guantanamo Bay in 2006.

GUANTANAMO BAY, CUBA - APRIL 7:  A U.S. Army soldier stands at the entrance to Camp Delta where detainees from the U.S. war in Afghanistan live April 7, 2004 in Guantanamo Bay, Cuba. On April 20, the U.S. Supreme Court is expected to consider whether the detainees can ask U.S. courts to review their cases. Approximately 600 prisoners from the U.S. war in Afghanistan remain in detention.  (Photo by Joe Raedle/Getty Images)
Guantanamo Bay, Cuba. | Getty Images

The men were formally charged in 2008 before a military commission. Five of the charges they face carry the death penalty.

Plea talks began in 2023, after Escallier was appointed to oversee the military commissions. A trial date has now been set for 2028.

QUETTA, PAKISTAN - MARCH 16:  Posters of Osama Bin Laden are displayed at a road side book market March 16, 2003 in Quetta, Pakistan. U.S. and Pakistani forces have intensified their search for al-Qaeda memebers including Osama bin Laden since the third-highest leader, Khalid Sheikh Mohammed, was arrested on March 1. Security forces combing the region along the Afghan border in 2003 for bin Laden after Mohammed told his interrogators he met the terror chief there recently. (Photo by Syed Zargham/Getty Images)
Security forces combing the region along the Afghan border in 2003 for bin Laden after Mohammed told his interrogators he met the terror chief there. | Getty Images

Two other men were originally charged in the case. Ammar al-Baluchi did not agree to a plea deal, and Ramzi bin al-Shibh was declared mentally incompetent to stand trial.

Families Remain Divided

Relatives of those killed in the attacks have been split over the plea deals. Some have said a full trial is the best path to justice. Others have seen the agreements as their best hope for finally bringing an end to a long and painful case.

JERSEY CITY, NEW JERSEY - SEPTEMBER 9: The Tribute in Light installation is tested over lower Manhattan in New York City on September 9, 2026, as seen from the "Empty Sky" 9/11 memorial in Jersey City, New Jersey. The twin beams shine from dusk on September 11 until dawn on September 12 every year. (Photo by Jeremy Weine/Getty Images)
The twin beams shine from dusk on September 11 until dawn on September 12 every year. | Getty Images

Some families were angry that the deals would deny them secrets a public trial might reveal, while others want the men executed, NPR reported. One group of victims' relatives, September Eleventh Families for Peaceful Tomorrows, filed a brief urging the Supreme Court to take up the case.

NEW YORK, NEW YORK - SEPTEMBER 11: Flowers and flags sit near inscribed names on one of the reflecting pools at the 9/11 Memorial during a ceremony day to commemorate the 25th anniversary of the September 11th terrorist attacks on the World Trade Center at the National 9/11 Memorial & Museum on September 11, 2026, in New York City. The United States is marking the 25th anniversary of the terrorist attacks of September 11, 2001, when a group of al-Qaeda hijackers flew airplanes into the World Trade Center, Shanksville, Pennsylvania, and the Pentagon, killing nearly 3,000 people. (Photo by Jeenah Moon - Pool/Getty Images)
Flowers and flags sit near inscribed names on one of the reflecting pools at the 9/11 Memorial during a ceremony. | Getty Images

The ruling comes just weeks after the nation marked the 25th anniversary of the attacks. Nearly 3,000 people were killed when hijacked planes struck the World Trade Center, the Pentagon and a field in Shanksville, Pennsylvania.

The toll continues to grow, with 9/11-related cancer cases still on the rise.


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