Court of Appeals Supports Sept. 11 Plea Agreements

The decision by a panel of three judges appears to temporarily restore the plea negotiations for Khalid Shaikh Mohammed and two other individuals, with proceedings set to resume in early January at Guantánamo Bay.

On Monday, an appeals board for the Pentagon affirmed a military judge's ruling that the plea deals tied to the September 11 attacks are legitimate. This action paves the way for a potential guilty plea from Khalid Shaikh Mohammed, who is accused of orchestrating the attacks, during a hearing scheduled for next week.

Colonel Matthew N. McCall, presiding over the case, determined that Defense Secretary Lloyd J. Austin III overstepped his authority by intervening on August 2, after senior Pentagon personnel had already authorized the deals.

These plea agreements allow Mr. Mohammed and his two alleged accomplices to admit guilt in return for life sentences, avoiding a trial that could result in the death penalty. They are charged with collaborating with the hijackers responsible for nearly 3,000 deaths in New York City, Pennsylvania, and at the Pentagon. The legal proceedings have faced lengthy delays since they began in 2012.

The appellate judges concurred with the military judge's interpretation, stating that the defense secretary lacked the legal power to cancel agreements that the defendants had already begun to fulfill.

Relatives of the September 11 victims, regardless of whether they support the plea deals, were eagerly anticipating the panel's decision. Judge McCall is scheduled to go to the Guantánamo Bay war court this Saturday, initiating two weeks of hearings for Mr. Mohammed, Walid bin Attash, and Mustafa al Hawsawi.

If no further appeals arise, the plea hearings in January at Guantánamo Bay could mark the beginning of a process extending into 2025. This process includes selecting a military jury, hearing victim testimonies, evaluating any mitigating factors, and determining sentences.