Supreme Court declines to revive plea agreements in the 9/11 case

The Supreme Court on October 19 declined to review challenges to the cancellation of plea agreements for three men accused of helping plan the September 11 attacks. The agreements would have removed the possibility of the death penalty in exchange for guilty pleas.

How the agreements reached the court

The Pentagon official overseeing the military commissions accepted the agreements in July 2024. Austin withdrew them days later. The dispute then turned on whether the defendants had already begun fulfilling promises that would prevent the government from backing out.

A divided D.C. Circuit panel ruled for the government in July 2025. The majority concluded that Austin could withdraw the agreements and that the defendants had not yet begun the relevant performance. The defendants asked the Supreme Court to intervene.

What Monday’s orders mean

The October 19 order list records the denials without an explanation of the court’s reasoning. Justice Brett Kavanaugh did not participate in the Mohammed petition. The practical result is that the lower-court ruling stands; the Supreme Court did not issue a new opinion resolving the plea questions on their merits.

What happens next

The prosecution continues through the military-commission process. Associated Press reports that trial is set for 2028. A scheduled trial and the continued possibility of a capital prosecution are distinct from a finding of guilt or an actual sentence.