A U.S. appeals court ruled on Friday to overturn the plea agreement that would have eliminated the death penalty as a sentencing option for Khalid Sheikh Mohammed, the mastermind behind the 9/11 attacks.
The decision by the D.C. Circuit Court of Appeals marks a significant development in the protracted legal proceedings related to the 2001 terrorist attacks.
The court’s ruling specifically vacated a military judge’s November 2024 order that had upheld the plea deal negotiated under the Biden administration. In their written opinion, Judges Patricia Millett and Neomi Rao determined that Defence Secretary Lloyd Austin acted within his legal authority when he withdrew the plea agreements just two days after their announcement in July 2024. The judges emphasised that the Secretary’s decision properly considered the interests of victims’ families and the American public.
Remember when the Biden admin struck a plea deal with the 9/11 masterminds so they can avoid the death penalty?
Well an appeals court just TOSSED that deal, putting Khalid Sheikh Mohammed and his two co-conspirators BACK on track for the DEATH PENALTY. pic.twitter.com/yueYxIIV9M
— Libs of TikTok (@libsoftiktok) July 11, 2025
This legal reversal means Mohammed and his two co-defendants, Walid bin Attash and Mustafa al-Hawsawi, may now face military tribunal proceedings that could potentially result in capital punishment. The original plea agreement would have imposed life imprisonment rather than the death penalty for the defendants. This decision drew criticism from many relatives of 9/11 victims who wanted the accused to stand trial.
Read: Khalid Sheikh Mohammed Agrees to Guilty Plea in 9/11 Case
Years of pretrial proceedings have stalled the case, largely due to the use of enhanced interrogation techniques on Mohammed and the other defendants during their time in CIA custody. Legal experts point out that the plea agreement could have sidestepped complex evidentiary issues related to testimony obtained through torture, a persistent barrier to advancing the case.
US court rejects plea deal for '9/11 mastermind' Khalil Sheikh Mohammed https://t.co/v5HE9mwwkK
— BBC News (World) (@BBCWorld) July 11, 2025
Mohammed, who has openly admitted to orchestrating the 9/11 attacks “from A to Z,” remains detained at the US naval base in Guantanamo Bay, Cuba, where he has been held since 2006. His case has become emblematic of the legal and moral challenges surrounding the detention and prosecution of terrorism suspects in the post-9/11 era. The appeals court’s decision now sends the case back to the military commission system, where it will likely face additional years of pretrial motions and potential appeals.
The ruling also highlights the ongoing debate about the future of the Guantanamo detention facility, which currently holds about 30 detainees. While the plea agreement would have brought closure to one of the most high-profile cases, the court’s decision ensures that the legal and political controversies surrounding the 9/11 prosecutions will continue for the foreseeable future.