The U.S. Supreme Court on Monday declined to review the appeals court’s ruling upholding former Defense Secretary Lloyd Austin’s withdrawal of plea agreements with three Sept. 11 defendants, leaving their cases set for trial.
An Oct. 19 order denied petitions filed by Khalid Sheikh Mohammed and two co-defendants, Mustafa al Hawsawi and Walid bin 'Atash. The justices did not rule on the underlying dispute over Austin’s authority.
The agreements, accepted by the Pentagon official overseeing the Guantanamo war court in 2024, called for guilty pleas. The government agreed it would not seek the death penalty. Austin withdrew the deals two days after their acceptance. Republican lawmakers had criticized them.
A military judge initially ruled that Austin lacked authority to cancel the agreements, while the U.S. Court of Military Commission Review said withdrawal came after the defendants began performing them. A federal appeals court then halted planned plea hearings. In July 2025, it ruled 2-1 in favor of Austin’s withdrawal, rejecting an argument that he had acted too late.
Lawyers for Mohammed and al Hawsawi, including attorneys with the American Civil Liberties Union, argued in their Supreme Court petition that Austin’s action violated military law and delayed a final resolution of the case.
A Justice Department spokesperson said the denial cleared a path toward accountability for victims and their families. The case concerns the Sept. 11, 2001, attacks, which killed nearly 3,000 people. The military prosecution of the defendants, who are held at Guantanamo Bay, Cuba, has faced legal delays for about two decades.
A U.S. Air Force judge scheduled their trial for June 2028, Reuters reported.
