A military appeals court ruled on Tuesday that Defense Secretary Lloyd Austin cannot rescind the plea deals of detainees at Guantanamo Bay detainees including alleged 9/11 architect Khalid Sheikh Mohammad, Fox News has learned.
The court opinion, which has not been formally published yet, said the plea deals reached by military prosecutors and defense attorneys were valid and enforceable, and that Austin exceeded his authority when he later tried to nullify them.
The Pentagon has the option of going next to the D.C. Circuit federal appeals court for emergency review, but the court docket did not show any filings as of Tuesday afternoon.
A hearing is scheduled 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. Please check back for updates.
