Supreme Court leaves 9/11 plea deals withdrawn

The Supreme Court on Oct. 19, 2026, declined to review the withdrawal of plea agreements for Khalid Sheikh Mohammed, Mustafa al-Hawsawi and Walid bin ‘Atash. The agreements remain withdrawn, so the three defendants cannot plead guilty under their terms, and the death penalty remains legally available on five of the seven charged offenses.

The Supreme Court denied a petition asking it to take up the dispute; it did not issue a decision explaining the lower court’s reasoning. The denial did not decide whether any defendant is guilty or impose a sentence. Their cases remain before a military commission at Guantanamo Bay.

The agreements called for the defendants to plead guilty in exchange for the government’s commitment not to seek the death penalty. That exchange is no longer available under the withdrawn agreements. The practical distinction is between a charge carrying a possible death sentence and a sentence actually imposed: the court action left the penalty legally available on five charges, but produced no conviction or sentence.

How the agreements were withdrawn i

In 2024, then-Defense Secretary Lloyd Austin withdrew from the agreements. On Nov. 6 of that year, a military judge issued an order that prevented the withdrawal from taking effect. The government challenged that order, bringing the dispute over the agreements’ validity to the D.C. Circuit.

On July 11, 2025, the appeals court ruled 2–1 for the government. The majority held that the secretary had authority to withdraw from the agreements and that the defendants had not begun performing promises under them. It vacated the military judge’s order and barred the judge from holding plea proceedings or taking other action under the withdrawn agreements. Judge Wilkins dissented in part.

In practical terms, the appeals court’s order removed the military judge’s ruling that had blocked Austin’s withdrawal and stopped the agreed pleas from going forward. The court denied rehearing on Jan. 6, 2026. The defendants then asked the Supreme Court to review the dispute; its denial left the D.C. Circuit’s order operative.

Charges and trial schedule i

The number of charges and the number that authorize capital punishment are not the same: the D.C. Circuit opinion says the defendants face seven offenses, five of which authorize the death penalty. The penalty is therefore a legal possibility on five charges, not an outcome already decided. The Supreme Court’s action neither reinstated the no-death-penalty terms nor determined the defendants’ guilt.

The military commission trial is scheduled to begin June 5, 2028. That date depends on the parties meeting specified deadlines and milestones, so it is a conditional schedule rather than a guaranteed start date. The proceedings continue without pleas under the agreements.