We use analytics to improve Pollar and, with your consent, the Meta pixel to measure sign-ups and purchases that come from our ads. You can change this anytime in Settings. Privacy policy

Search⌘K
HomeFor YouLiveBriefAsk
MapMarketsThreadsSoundsFilms
DomesticGeopoliticsEconomySocietyScience & TechInfrastructureSportCultureLifestyle
Support PollarNotifications
PrivacyNewsroom
HomeBriefLiveThreadsSearch
Listen to the article4 min, read by a synthetic voice

In brief

  • On 19 October 2026 the justices turned away appeals from Khalid Sheikh Mohammed and two co-defendants, leaving the 2024 plea deals void. The order gave no reasoning and no public dissents.

  • Then-Defense Secretary Lloyd Austin revoked the plea agreements in 2024, two days after the Pentagon official overseeing the Guantanamo war court had accepted them.

  • A US Air Force judge set the trial of Mohammed and his co-defendants for June 2028 in August 2026.

  • Relatives of the Sept. 11 victims were split, with some seeing a trial as the path to justice and others a deal as the chance to end the case.

Washington
Washington, Guantanamo Bay · United States, Cuba
How it came to this
  1. July 2025D.C. Circuit panel backs Austin's authority in a 2-1 vote
  2. August 2026US Air Force judge sets trial for June 2028
  3. 19 OctSupreme Court declines to hear the appeals

Supreme Court turns away the appeals

The US Supreme Court declined on 19 October 2026 to hear appeals from Khalid Sheikh Mohammed and two co-defendants, Mustafa al Hawsawi and Walid bin 'Atash, who had asked the justices to revive their 2024 plea agreements. Under those deals the government would not have sought the death penalty in exchange for guilty pleas, life sentences without parole and a waiver of appeal rights. The plot Mohammed is accused of developing and directing sent hijacked airliners into the World Trade Center and the Pentagon, while another crashed into a field in Pennsylvania, killing nearly 3,000 people 25 years ago. The order arrived on a routine orders list, with no written reasoning and no public dissents. It also noted that Justice Brett M. Kavanaugh did not take part, although the justices are not required to give a reason for recusal. With the appeals refused, a federal appeals ruling stands and a capital trial remains possible.

How the deals were voided

Military prosecutors approved the plea agreements, as did the Pentagon official overseeing the Guantanamo war court, before then-Defense Secretary Lloyd Austin stepped in. Austin voided the deals in 2024, two days after that official had accepted them, saying a decision on the death penalty in a case as grave as 9/11 should belong only to the defense secretary. The move drew criticism from Republican lawmakers, and the reversal followed quickly after a backlash. Defense attorneys argued that Austin had acted too late, but a divided appeals panel found he acted within his authority. The Supreme Court's refusal leaves that ruling in place.

Years of legal deadlock

The case has been stuck in military proceedings for two decades. In July 2025 a 2-1 panel of the D.C. Circuit backed Austin's authority to withdraw from the deals, stating:

“Austin indisputably had legal authority to withdraw from the agreements.”

US Court of Appeals for the District of Columbia Circuit

In August 2026 a US Air Force judge set the trial of Mohammed and his co-defendants for June 2028. Military justice ruled in August 2026 that Mohammed's confessions were inadmissible, and the proceedings had stalled over whether evidence obtained through torture could be used against the men.

Trial and the men still held

Mohammed, a Pakistani raised in Kuwait, served as a senior lieutenant to Osama bin Laden in al-Qaeda until his capture in Pakistan in March 2003. He remains in custody at Guantanamo Bay, Cuba, and is due to be tried with three other accused: Walid bin 'Atash, Mustafa al Hawsawi and Ammar al-Baluchi, also known as Ali Abdul Aziz Ali. Le Soir noted that Mohammed had been held in CIA secret prisons, including one in Poland, where he was interrogated under torture before being moved to Guantanamo in September 2006. The four men are among the last detainees at the base and have never been tried.

Families and defense lawyers

Relatives of the Sept. 11 victims were split on the agreements. Some said a trial is the best path to justice, while others saw a deal as the best hope of bringing the long, painful case to a conclusion. Defense lawyers, including attorneys from the American Civil Liberties Union, urged the Supreme Court to hear the case, arguing that Austin's action violated controlling military law and cut short what they called the best chance for finality in 25 years. Mohammed remains in custody while the case moves toward its June 2028 trial date.

Next in today’s edition

Milan weekend riots bring arrests and tougher public order decreeGroups of young people looted and damaged shops in central Milan over the weekend of 17 and 18 October, leading to arrests, closed luxury boutiques and a government decree on public order.Safety · 1 h ago
Today’s Brief · 5 min to listenRussian strikes cut power to 550,000 Ukrainian homesLive · 4 storiesColombia illegal gold mine collapse

Sources and context

  • The New York Times5 h agoSupreme Court Will Not Revive Plea Deal for Khalid Shaikh Mohammed and 9/11 Defendants
  • Le Soir8 h agoSept. 11: US Supreme Court rejects appeal of alleged mastermind of the attacks11-Septembre : la Cour suprême américaine rejette le recours du cerveau présumé des attentats · original in French
  • ΣΚΑΪ8 h agoUSA: Plea deal of 9/11 mastermind to avoid death penalty will not be revivedΗΠΑ: Δεν αναβιώνει η συμφωνία του "εγκεφάλου" της 11ης Σεπτεμβρίου για να γλιτώσει τη θανατική ποινή · original in Greek
  • The Independent8 h agoBid to revive plea deal for accused 9/11 mastermind rejected by Supreme Court
Khalid Sheikh Mohammed
Accused mastermind of the 11 September 2001 attacks whose plea deal the Supreme Court declined to revive
Lloyd Austin
Then-Defense Secretary who voided the plea deals in 2024
Brett M. Kavanaugh
Supreme Court justice who did not take part in the decision
Walid bin 'Atash
Co-defendant whose plea agreement was voided
Mustafa al Hawsawi
Co-defendant whose plea agreement was voided
Ammar al-Baluchi
Co-defendant due to be tried with Mohammed

Pollar is free and carries no ads in the text. Its members keep it going.

Support Pollar

Published yesterday at 23:01.

Report an error in the text

Text generated by AI from the reports of the publishers listed and checked automatically, with no human editor. How Pollar is made

In this text

Supreme Court turns away the appealsSupreme Court turns away the appealsHow the deals were voidedHow the deals were voidedYears of legal deadlockYears of legal deadlockTrial and the men still heldTrial and the men still heldFamilies and defense lawyersFamilies and defense lawyers

Based on reports by

The New York Times, Le Soir, ΣΚΑΪ, The Independent, Mediafax.ro, AP NEWS, Bloomberg Business

List of sources

Safety · Washington and Guantanamo Bay

US Supreme Court rejects revival of 9/11 plea deal for Khalid Sheikh Mohammed

The US Supreme Court declined on 19 October 2026 to hear appeals from Khalid Sheikh Mohammed and two co-defendants seeking to restore plea deals that would have spared them the death penalty.

Washington

Ask about this text

AI text based on reports by The New York Times, Le Soir, ΣΚΑΪ and other publishers. Published yesterday at 23:01.

Ask your own question
When is the trial for Khalid Sheikh Mohammed scheduled to begin?
Why did Lloyd Austin void the plea agreements in 2024?
How it is made