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Politics · October 19, 2026

Supreme court rejects effort to revive plea deal for Khalid Sheikh Mohammed in 9/11 attacks

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The Supreme Court on Monday declined to revive a plea agreement for Khalid Sheikh Mohammed and two co-defendants that would have removed the death penalty in exchange for guilty pleas and life sentences. The 2024 deal was originally approved by a military commission official but was revoked days later by then-Defense Secretary Lloyd Austin, who argued that such a critical decision should rest with him. The D.C. Circuit Court of Appeals had previously upheld Austin's authority to rescind the agreement. With the Supreme Court declining to hear the appeal, the case returns to military court where a trial is currently scheduled for 2028. The proceedings have faced decades of delays related to the admissibility of evidence obtained through CIA 'enhanced interrogation' techniques.

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Reported across the spectrum

  • The Supreme Court rejected an appeal to restore a 2024 plea deal for Khalid Sheikh Mohammed and two other defendants.
  • The plea deal would have spared the defendants the death penalty in exchange for life imprisonment without parole.
  • Former Defense Secretary Lloyd Austin revoked the agreements shortly after they were approved.
  • The D.C. Circuit Court of Appeals ruled that Austin acted within his legal authority to cancel the deals.
  • Justice Brett Kavanaugh recused himself from the case.
  • A trial for the defendants is currently set for June 2028.
  • The legal process has been delayed for years due to disputes over evidence obtained through CIA torture or 'enhanced interrogation.'

Reported by only some outlets

  • The deal would have required defendants to answer questions from 9/11 survivors at a public sentencing hearing.
  • The Supreme Court's order was unsigned and lacked an explanation.
  • A military judge recently threw out 2007 FBI statements from Mohammed, ruling they were not voluntary.
  • The Trump administration supported Austin's decision to revoke the deals.
  • Brigadier General Susan Escallier was the official who originally approved the plea deals.
  • A fourth alleged plotter, Ali Abdul Aziz Ali, was not part of this specific appeal.

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