Khalid Sheikh Mohammed, Mustafa al Hawsawi and Walid bin 'Atash were taken into custody in 2003. They have been held at the Guantanamo Bay detention facility and face charges tied to the September 11, 2001 attacks.
The Guantanamo Bay detention camp was established in 2002. It has served as a detention facility.
US Supreme Court snubs bid to revive plea deal for accused 9/11 mastermind https://t.co/5oYdE2Yy12
In 2024, after years of pretrial motions, the three defendants reached a plea deal with military prosecutors. The agreement was approved by the Convening Authority for the military commissions and would have spared them the death penalty, instead imposing life sentences.
Unsatisfied with the appellate outcome, Khalid Sheikh Mohammed, Mustafa al Hawsawi and Walid bin 'Atash appealed to the United States Supreme Court.
Then‑Defense Secretary Lloyd Austin later nullified the plea agreement. His decision came after the Convening Authority’s approval and set off a legal battle over whether the secretary had the power to undo a deal already sanctioned by the military justice system.
US Supreme Court snubs bid to revive plea deal for accused 9/11 mastermind - https://t.co/Z4ddlli8Oy
A military judge presiding over the case ruled that Austin’s nullification was unlawful. The judge concluded that the secretary’s action violated the rules governing the military commissions and the rights of the accused.
The United States Court of Appeals for the District of Columbia Circuit reviewed the military judge’s ruling and reached the opposite conclusion. The appellate court held that Austin’s revocation was valid, reinstating the government’s position that the plea deal was void.
US Supreme Court snubs bid to revive plea deal for accused 9/11 mastermind https://t.co/UWeCR4LVvo
Unsatisfied with the appellate outcome, Khalid Sheikh Mohammed, Mustafa al Hawsawi and Walid bin 'Atash appealed to the United States Supreme Court. They asked the justices to enforce the 2024 plea agreement and to bar the government from proceeding to trial on the original capital charges.
In an unsigned order issued on October 19, 2026, the Supreme Court rejected the appeal. Justice Brett Kavanaugh did not participate in the consideration of the case. The order gave no further explanation, leaving the lower courts’ rulings intact.
The Biden administration was described as critical of the plea deal, reflecting a broader skepticism about negotiating with alleged terrorists. Lloyd Austin, Joe Biden and Republican lawmakers were each noted as taking neutral stances in the public discourse, while the Supreme Court itself was characterized as neutral in its handling of the matter.
By declining to hear the appeal, the Court cleared the way for the case to move forward. The trial of the three men is now scheduled for June 2028. If convicted, they could face life imprisonment.