The 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.
Why it matters: 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, when the government hopes to finally secure convictions more than 25 years after one of America's deadliest terrorist attacks.
Driving the news: 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.
- 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.
Catch up quick: The government and the three men entered into plea agreements in 2024 that would have spared them the death penalty.
- The decision was met with outrage and pushback from some 9/11 victims' families.
- Then-Defense Secretary Lloyd Austin withdrew the agreements days later, declaring that "responsibility for such a decision should rest with me."
- Mohammed and his co-defendants, Walid bin 'Attash and Mustafa al-Hawsawi, 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 .
Zoom out: 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 in New York City and the Pentagon, with a fourth crashing in Pennsylvania.
- Mohammed and his fellow defendants have been held at the U.S. military prison at Guantánamo Bay, Cuba, since 2006.
- Prosecutors had sought a January 2027 trial date, but a judge determined that timeline would leave too little time to resolve outstanding pretrial issues.
What we're watching: The new tentative trial date is for June 5, 2028. Go deeper: Khalid Sheikh Mohammed to stand trial in 2028 over 9/11 attacks