Supreme Court leaves death penalty on the table for accused 9/11 plotters

The Supreme Court on Monday declined to take up appeals from Khalid Sheikh Mohammed and two other men accused of planning the Sept. 11, 2001, attacks, leaving in place a ruling that allowed the Pentagon to cancel their plea agreements.

The order means the death penalty remains possible for the three men, CNN and United Press International reported.

How the deals unraveled

Military prosecutors reached the agreements in early 2024, and a military commission judge approved them, UPI reported. Under the terms, the men would have pleaded guilty to all charges in exchange for life sentences, with a public sentencing where survivors and victims' relatives could face them.

Days later, then-Defense Secretary Lloyd Austin revoked the deals. Military courts ruled he lacked that authority, but the U.S. Court of Appeals for the D.C. Circuit sided with Austin in August, according to UPI. CNN reported that the appeals court found Austin had that power "indisputably."

Who is affected

What comes next

Pretrial proceedings before the military commission can now continue, but a trial is unlikely before 2028, UPI reported. Georgetown law professor Steve Vladeck, who had urged the justices to hear the case, told UPI a trial in the near future is unlikely given unresolved issues.

Delays in the case have stemmed in part from disputes over evidence obtained through CIA torture, UPI reported.