Appeals Court Voids 9/11 Plea Deal, Trial Proceedings Possible

A federal appeals court overturned a plea agreement in the 9/11 case involving Khalid Shaikh Mohammed and others, enabling the Defense Secretary's decision to invalidate the deal, which may lead to a renewed death penalty trial at Guantánamo Bay.

A federal appeals court made a significant ruling on July 11, 2025, by overturning a plea deal intended to resolve the September 11, 2001, terrorism case involving Khalid Shaikh Mohammed and his co-defendants. The 2-to-1 verdict could potentially reignite lengthy legal actions surrounding a death penalty trial at Guantánamo Bay, causing renewed distress for affected families waiting for justice.

The ruling does not immediately set the stage for trial, as additional appeals could emerge, and a new military judge must review the extensive previous records. This judge will also address crucial matters, such as the legality of confessions sought by prosecutors, contextually tied to allegations of torture.

The plea deal was reached in the summer of 2024 under a senior Pentagon official who sought to sidestep the complexities of a capital trial by having the defendants acknowledge their involvement in the attacks. However, just days after the agreement was finalized, Defense Secretary Lloyd J. Austin III declared it null, aiming to reestablish control over the contentious issue.

The U.S. Court of Appeals for the District of Columbia judges, Patricia A. Millett and Neomi J. Rao, emphasized that Secretary Austin possessed the legal authority to withdraw from the agreement, noting that the prosecution and defense had yet to commence executing any promises associated with the deal. This ruling keeps the door open for legal proceedings to continue, marking a critical turning point in one of the nation's most protracted and somber criminal cases.