Supreme Court denies 9/11 mastermind’s bid to reinstate plea deal

Death penalty remains possible as trial moves toward June 2028 date

By LineZotpaper

Published20 October 2026

Updated20 October 2026

Read Time2 min

Sources4 outlets

The Supreme Court on Monday rejected a petition from Khalid Sheikh Mohammed, the accused mastermind of the September 11, 2001 attacks, to restore plea agreements that would have spared him and two co-defendants the death penalty. The denial keeps capital punishment on the table as the case proceeds toward a military trial scheduled for June 2028.

The Supreme Court issued an order list on Monday identifying cases it will hear and denying those it will not, including the petition in Khalid Shaikh Mohammad, et al. v. United States. The order did not explain the rejection. Justice Brett Kavanaugh recused himself from the decision; he served as associate counsel to President George W. Bush and reportedly assisted with legal and policy discussions following the 9/11 attacks.

Khalid Sheikh Mohammed and co-defendants Walid bin 'Attash and Mustafa al-Hawsawi entered into plea agreements with the government in 2024 that would have removed the death penalty as a possible sentence. The decisions drew outrage from some families of 9/11 victims. Days later, then-Defense Secretary Lloyd Austin withdrew the agreements, stating that "responsibility for such a decision should rest with me."

The defendants appealed Austin’s reversal. A military court initially ruled in their favour, but the U.S. Court of Appeals for the D.C. Circuit sided with Austin, prompting the final appeal to the Supreme Court that was denied on Monday.

Mohammed and his co-defendants were first arraigned in 2008 for their alleged roles in the attacks involving four hijacked planes. They have been held at the U.S. military prison at Guantánamo Bay, Cuba, since 2006. A new tentative trial date of June 5, 2028 has been set, after prosecutors’ earlier request for a January 2027 deadline was deemed too tight by a judge.

Analysis

Why This Matters

The denial ensures the death penalty remains a possible sentence if the accused are convicted, a central issue for victims’ families and the U.S. justice system more than 25 years after the attacks.
The case has been delayed for nearly two decades; a clear trial date is a significant step toward resolution.
The Supreme Court’s refusal to intervene signals that the executive branch’s authority over military commission plea agreements is unlikely to be disturbed.

Background

The 9/11 attacks killed nearly 3,000 people and led to the U.S.-led War on Terror. Khalid Sheikh Mohammed, captured in Pakistan in 2003, was transferred to Guantánamo Bay in 2006. Legal proceedings have been mired in disputes over interrogation methods, jurisdiction, and the admissibility of evidence. The plea agreements struck in 2024 were seen by some as a way to avoid a lengthy trial, but they were rescinded after public and political backlash.

Key Perspectives

Victims’ families: Some families have expressed outrage at the prospect of life sentences instead of execution, while others have argued that a final conviction—even without the death penalty—would provide closure after years of delay. The defendants: Their legal team argued that the plea agreements were valid and that then-Secretary Austin overstepped his authority in withdrawing them after they had been accepted. The government: The Biden administration’s Defense Department reversed course, with Austin asserting personal responsibility for the decision, indicating that the government intends to seek the death penalty.

What to Watch

Whether the June 5, 2028 trial date holds or is further delayed by unresolved pretrial motions.
Possible appeals from the defendants on other grounds, including the legality of military commissions and conditions at Guantánamo Bay.
The political response from the incoming administration in 2025 and whether it alters prosecution strategy.

Sources

Supreme Court Rejects Sept. 11 Defendants on Scuttled Plea Deals - Bloomberg.com · "site:bloomberg.com when:1d" - Google News
Supreme court rejects effort to revive plea deal for Khalid Sheikh Mohammed in 9/11 attacks · World news | The Guardian
Supreme Court won't revive accused 9/11 mastermind's plea deal · Axios
Supreme Court backs Pentagon’s decision to revoke plea agreement with three alleged 9/11 plotters · Washington Examiner

Checked

12 claims in this story checked against 1 source: 12 supported.

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SupportedSupreme Court denies 9/11 mastermind’s bid to reinstate plea dealAxios: “Supreme Court denied on Monday a bid by Khalid Sheikh Mohammed, the accused mastermind behind the 9/11 terror attacks, to reinstate plea agreements that would have spared him and two co-defendants the death penalty.”
SupportedDeath penalty remains possible as trial moves toward June 2028 dateAxios: “The denial keeps the death penalty on the table for the accused 9/11 plotters as they move closer to their June 2028 military trial date”
SupportedThe Supreme Court on Monday rejected a petition from Khalid Sheikh Mohammed, the accused mastermind of the September 11, 2001 attacks, to restore plea agreements that would have spared him and two co-defendants the death penalty.Axios: “Supreme Court denied on Monday a bid by Khalid Sheikh Mohammed, the accused mastermind behind the 9/11 terror attacks, to reinstate plea agreements that would have spared him and two co-defendants the death penalty.”
SupportedThe denial keeps capital punishment on the table as the case proceeds toward a military trial scheduled for June 2028.Axios: “The denial keeps the death penalty on the table for the accused 9/11 plotters as they move closer to their June 2028 military trial date”
SupportedThe Supreme Court issued an order list on Monday identifying cases it will hear and denying those it will not, including the petition in Khalid Shaikh Mohammad, et al. v. United States. The order did not explain the rejection.Axios: “The Supreme Court released an order list Monday identifying the cases it intends to hear and denying those it won't, like the petition in Khalid Shaikh Mohammad, et al. v. United States. The order doesn't explain why the appeal was rejected.”
SupportedJustice Brett Kavanaugh recused himself from the decision; he served as associate counsel to President George W. Bush and reportedly assisted with legal and policy discussions following the 9/11 attacks.Axios: “Justice Brett Kavanaugh recused himself from the decision. He served as associate counsel to President George W. Bush, where he reportedly assisted with legal and policy discussions following 9/11.”
SupportedKhalid Sheikh Mohammed and co-defendants Walid bin 'Attash and Mustafa al-Hawsawi entered into plea agreements with the government in 2024 that would have removed the death penalty as a possible sentence.Axios: “The government and the three men entered into plea agreements in 2024 that would have spared them the death penalty.”
SupportedThe decisions drew outrage from some families of 9/11 victims.Axios: “The decision was met with outrage and pushback from some 9/11 victims' families.”
SupportedDays later, then-Defense Secretary Lloyd Austin withdrew the agreements, stating that 'responsibility for such a decision should rest with me.'Axios: “Then-Defense Secretary Lloyd Austin withdrew the agreements days later, declaring that 'responsibility for such a decision should rest with me.'”
SupportedThe defendants appealed Austin’s reversal. A military court initially ruled in their favour, but the U.S. Court of Appeals for the D.C. Circuit sided with Austin, prompting the final appeal to the Supreme Court that was denied on Monday.Axios: “Mohammed and his co-defendants... appealed that decision. While a military court initially sided with the defendants, the U.S. Court of Appeals for the D.C. Circuit sided with Austin, prompting their final appeal to the Supreme Court.”
SupportedMohammed and his co-defendants were first arraigned in 2008 for their alleged roles in the attacks involving four hijacked planes.Axios: “Mohammed and his co-defendants were first arraigned in 2008 for their alleged roles in the attacks involving four hijacked planes that struck the Twin Towers... and the Pentagon, with a fourth crashing in Pennsylvania.”
SupportedThey have been held at the U.S. military prison at Guantánamo Bay, Cuba, since 2006.Axios: “Mohammed and his fellow defendants have been held at the U.S. military prison at Guantánamo Bay, Cuba, since 2006.”