A military appeals court ruled Tuesday that Defense Secretary Lloyd Austin cannot revoke the plea deals of Guantanamo Bay detainees, including alleged 9/11 architect Khalid Sheikh Mohammad, Fox News has learned.
The court’s opinion, which has not yet been formally released, said the plea deals struck by military prosecutors and defense attorneys were valid and enforceable, and that Austin exceeded his authority when he later tried to void them.
The Pentagon has the option to go to the DC Circuit federal appeals court for emergency review, but the court docket showed no documents as of Tuesday afternoon.
A hearing is scheduled for next week at Guantanamo Bay, where Mohammad and two other defendants could plead guilty in separate hearings, with the death penalty removed as a possible punishment.
This is a developing news story. Check back later for updates.
