On October 19, 2026, the U.S. Supreme Court declined to review appeals from accused September 11 mastermind Khalid Sheikh Mohammed and co-defendants Mustafa al-Hawsawi and Walid bin Attash, leaving intact lower court rulings that allowed former Defense Secretary Lloyd Austin to void their 2024 plea deals. The decision preserves the death penalty as an option ahead of a joint military trial set for June 2028 in Guantanamo Bay.
Supreme Court rejection of plea deal appeals
- ▪On October 19, 2026, the U.S. Supreme Court declined without explanation to hear appeals from Khalid Sheikh Mohammed, Mustafa al-Hawsawi, and Walid bin Attash seeking to revive their 2024 plea agreements.
- ▪Defense attorneys from the ACLU and the victim advocacy group Peaceful Tomorrows petitioned the U.S. Supreme Court to reinstate the September 11 defendants' plea agreements.
- ▪The Supreme Court's refusal to hear the appeals ensures that Khalid Sheikh Mohammed, Mustafa al-Hawsawi, and Walid bin Attash remain subject to potential execution at trial.
- ▪U.S. Supreme Court Justice Brett Kavanaugh recused himself from the petitions filed by September 11 attack defendants Khalid Sheikh Mohammed and Mustafa al-Hawsawi.
Legal challenges to plea agreement revocation
- ▪Former Defense Secretary Lloyd Austin revoked the 2024 plea agreements two days after approval following criticism from Republican lawmakers and some 9/11 victims' families.
- ▪In July 2024, a Pentagon official overseeing the Guantanamo war court approved plea agreements sparing Khalid Sheikh Mohammed, Mustafa al-Hawsawi, and Walid bin Attash the death penalty.
- ▪In July 2025, the D.C. Circuit Court of Appeals ruled 2-1 that Defense Secretary Lloyd Austin possessed legal authority to withdraw from the 2024 plea agreements.
- ▪In December, a military judge and the U.S. Court of Military Commission Review ruled that Defense Secretary Lloyd Austin lacked authority to invalidate the approved plea agreements.
Scheduling of military trial
- ▪In August 2026, a U.S. Air Force judge scheduled the joint military trial for Khalid Sheikh Mohammed, Mustafa al-Hawsawi, and Walid bin Attash for June 2028.
- ▪Military prosecutors sought a January 2027 trial date, but the presiding judge ruled that schedule provided insufficient time to resolve outstanding pretrial issues.
Impact of CIA interrogation tactics
- ▪In August 2026, a military judge excluded Khalid Sheikh Mohammed's confession to FBI agents from evidence, ruling it was not given voluntarily following CIA interrogation.
- ▪Military proceedings for 9/11 defendants at Guantanamo Bay have been delayed for 14 years by legal disputes over CIA interrogation tactics and evidence admissibility.
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