A military appeals court ruled Tuesday that Defense Secretary Lloyd Austin cannot revoke plea deals for detainees at Guantanamo Bay, including alleged architect of the September 11 attacks, Khalid Sheikh Mohammed, Fox News has learned.
The court's opinion, which has not yet been formally published, said the plea agreements reached by military prosecutors and defense lawyers were valid and enforceable, and that Austin exceeded his authority when he later tried to invalidate them.
The Pentagon has the option of going to the federal appeals court in D.C. for emergency review, but the court docket showed no filings as of Tuesday afternoon.
A hearing is scheduled for next week at Guantanamo Bay, where Mohammed and two other defendants could plead guilty in separate hearings, with the death penalty abolished as a possible punishment.
This is a developing news story. Please check back for updates.
