The 2-1 decision from the Washington, D.C. court upheld Defense Secretary Lloyd Austin’s authority to reverse the negotiated plea deal. The proposed agreement—finalized after two years of talks—would have sentenced Mohammed and others to life in prison in exchange for full cooperation and testimony, including responding to victims' families' questions.

But Austin overruled the deal in 2024, insisting that “the families and the American public deserve the opportunity to see military commission trials carried out.” The court affirmed that he acted within his legal authority, emphasizing the symbolic and legal weight of open trials for such a historic attack.

One dissenting judge, Robert Wilkins, argued that the government failed to clearly prove the military judge had erred, suggesting continued legal ambiguity.

Torture Legacy Complicates Justice

Mohammed was captured in 2003 and held at secret CIA “black sites,” where he was subjected to repeated waterboarding and other “enhanced interrogation techniques.” These methods have clouded the prosecution’s case, delaying proceedings for over a decade as courts assess the admissibility of evidence obtained under torture.

The plea deal had aimed to avoid lengthy legal battles over the interrogation history, but its collapse means trials could stretch further.

While some families of the nearly 3,000 victims saw the plea as a path to closure, others insisted only a full trial could deliver true justice and public accountability.