Military Appeals Court rules Defense Sec Austin cannot rescind 9/11 plea deals

A military appeals court ruled on Tuesday that Defense Secretary Lloyd Austin cannot rescind the plea deals of detainees at Guantanamo Bay including alleged 9/11 architect Khalid Sheikh Mohammad, Fox News has learned.

The court opinion, which has not been formally published yet, said the plea deals reached by military prosecutors and defense attorneys were valid and enforceable, and that Austin exceeded his authority when he later tried to nullify them.

The Pentagon has the option of going next to the D.C. Circuit federal appeals court for emergency review, but the court docket did not show any filings as of Tuesday afternoon.

JUDGE RESTORES CONTROVERSIAL 9/11 TERRORIST PLEA DEALS INVOLVING KHALID SHEIKH MOHAMMED: REPORT

A hearing is scheduled next week at Guantanamo Bay, Cuba, where Mohammad and two other defendants could plead guilty in separate hearings, with the death penalty removed as a possible punishment.

Secretary of Defense Lloyd Austin tried to revoke the 9/11 plea deals in July. (Reuters/Violeta Santos Moura)

The plea deals in the long-running case against the terrorists were struck over the summer and approved by the top official of the Gitmo military commission.

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The plea deals have been condemned by a number of 9/11 victims and U.S. politicians. 

A photo obtained March 1, 2003, shows Khalid Sheikh Mohammed shortly after his capture.  (HO/AFP via Getty Images)

“Joe Biden, Kamala Harris have weaponized the Department of Justice to go after their political opponents, but they’re cutting a sweetheart deal with 9/11 terrorists,” now Vice President-elect JD Vance said at the time.

Images of Khalid Shaikh Mohammed released by the FBI and President Bush during a press conference to announce the Most Wanted Terrorist list.     (Mai/Getty Images)

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The Pentagon revoked the deals in July. “Effective immediately, in the exercise of my authority, I hereby withdraw from the three pretrial agreements that you signed on July 31, 2024,” a letter from Austin states. 

This is a developing news story. Please check back for updates. Fox News’ Andrea Margolis contributed to this report.