Appeals Court Tosses 9/11 Mastermind Khalid Sheikh Mohammed Plea Deal

A divided federal appeals court on Friday threw out an agreement that would have allowed accused Sept. 11 mastermind Khalid Sheikh Mohammed to plead guilty in a deal sparing him the risk of execution for al-Qaida's 2001 attacks.

The deal, negotiated over two years and approved by military prosecutors and the Pentagon's senior official for Guantanamo Bay, Cuba, a year ago, stipulated life sentences without parole for Mohammed and two co-defendants.

The men also would have been obligated to answer any lingering questions that families of the victims have about the attacks.

But then-Defense Secretary Lloyd Austin repudiated the deal, saying a decision on the death penalty in an attack as grave as Sept. 11 should only be made by the defense secretary.

Attorneys for the defendants had argued that the agreement was already legally in effect and that Austin, who served under President Joe Biden, acted too late to try to throw it out. A military judge at Guantanamo and a military appeals panel agreed with the defense lawyers.

But, by a 2-1 vote, the U.S. Court of Appeals for the District of Columbia Circuit found Austin acted within his authority and faulted the military judge's ruling.