Appeals court looks set to let Pentagon out of 9/11 plea deals An appeals court signaled it will override a military judge’s ruling that the agreements avoiding the death penalty were binding.

(Politico) A federal appeals court appears poised to rule that the Pentagon has the authority to withdraw from plea deals ruling out the death penalty that were negotiated with three Guantanamo Bay prisoners accused of plotting the Sept. 11, 2001, terrorist attacks.

In a one-page order Friday, the D.C. Circuit Court of Appeals granted a stay the government sought to prevent a military judge from accepting guilty pleas from Khalid Sheikh Mohammed, Walid bin Attash and Mustafa al-Hawsawi.

While the order isn’t a final ruling in the case, it signaled that the government is likely to prevail when the court issues a formal opinion later.

Two members of the three-judge panel that heard arguments on the issue last month voted to grant the stay.

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