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A military appeals court ruled Tuesday that Defense Secretary Lloyd Austin cannot rescind plea agreements for Guantanamo Bay detainees, including alleged 9/11 architect Khalid Sheikh Mohammad. Fox News has learned.
The court opinion, which has not yet been formally released, 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 cancel them
The Pentagon has the option of going next to the federal appeals court in the D.C. Circuit for an emergency review, but the court filing did not show any documentation as of Tuesday afternoon.
JUDGE RESTORES CONTROVERSIAL 9/11 TERRORIST PLEA AGREEMENTS INVOLVING KHALID SHEIKH MOHAMMED: REPORT
A hearing is scheduled for next week in Guantanamo Bay, Cuba, where Mohammad and two other defendants could plead guilty in separate hearings, with the death penalty removed as a possible punishment.
The allegation deals with the long term case against the terrorists were attacked during the summer and approved by the top official of the Gitmo military commission.
The plea deals have been condemned by a number of 9/11 victims and US politicians.
“Joe Biden and Kamala Harris have weaponized the Department of Justice to go after their political opponents, but they are making a sweetheart deal with the 9/11 terrorists,” Vice President-elect JD Vance said at the time.
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The Pentagon revoked the agreements in July. “Effective immediately, in exercise of my authority, I am withdrawing the three pretrial agreements you entered into on July 31, 2024,” a letter from Austin states.
This is a developing story. Check back for updates. Fox News’ Andrea Margolis contributed to this report.
