Plea deals for three terrorists behind the 9/11 attacks are back in play after Defense Secretary Lloyd Austin lost his bid to nix the disturbing agreements that would spare them the death penalty.
A military appeals court on Monday night ruled against Austin’s order this summer nullifying plea deals reached with Khalid Sheikh Mohammad, Walid bin Attash and Mustafa al-Hawsawi.
The terrorists’ defense attorneys argued that the secretary did not have the authority to overturn the agreements after they were already approved by the top authority of the Guantanamo Bay courts in July.
They further claimed that Austin’s order was unlawful interference in the case.
The move clears the way for Mohammad, the mastermind of the Sept. 11, 2001, terror attacks, and his co-conspirators to plead guilty in a hearing next week.
However, Austin retains the ability to appeal the decision. Reps for the Pentagon did not immediately respond to a request for comment.
In the arrangements, Mohammad, Attash and al-Hawasawi agreed to plead guilty to war crimes in exchange for life sentences.
Prosecutors offered the deal to bring about an end to the pretrial court proceedings that have dragged on for more than a decade.