This page requires JavaScript to display.

Supreme Court rejects 9/11 plea appeal

News · Heat 1.7 / 10 · 2 shows · 25m airtime

The Supreme Court issued an unsigned order on October 19, 2026 declining to hear an appeal from Khalid Sheikh Mohammed and two alleged accomplices, leaving in place a ruling that Defense Secretary Lloyd Austin had authority to cancel their 2024 plea deals. The decision keeps the death penalty possible, and a military trial is scheduled for June 5, 2028. Justice Kavanaugh did not participate. The discussion since has centered on what the refusal leaves standing: Austin's cancellation and the path to a death-penalty trial.

How 2 podcasts covered it

  1. The Megyn Kelly Show, 2026-10-20 (13:06 to 15:21)
    Traces the 9/11 plea deals to the order
    Reports the unsigned order declining the Guantanamo defendants' appeal, tracing the 2024 plea deals, Austin's cancellation and the lower-court rulings, and notes Kavanaugh's recusal and the June 2028 trial date.
    New angle: The Supreme Court declined to hear the appeal, leaving Austin's cancellation of the plea deals in place.
  2. The Fox News Rundown, 2026-10-21 (13:22 to 25:54)
    Walks through the plea deal and the D.C. Circuit
    Turley walks through the military commission's approval of the plea deal, the D.C. Circuit's ruling on Austin's authority and Wilkins's partial dissent, then argues the case belonged in civilian court. A detailed retelling that stays inside the order and its aftermath.
  3. The Fox News Rundown, 2026-10-25 (1:18 to 3:47)
    Previews the refusal and the 2028 date
    Opens the episode with a setup of the Supreme Court's refusal to hear the 9/11 plea appeal - the 2024 deal, Austin's cancellation, the June 2028 tribunal date - before handing off to the Turley interview. Pure retelling of what the card already holds.
  4. The Fox News Rundown, 2026-10-25 (4:54 to 7:40)
    Retells the plea deal's path and dissent
    Turley walks through the plea deal's unusual path - military commission, Court of Military Commission Review, D.C. Circuit - and the Wilkins dissent, then lands on the Supreme Court's refusal to take the case. A retelling of the record, with no new development.
  5. The Fox News Rundown, 2026-10-25 (7:40 to 9:16)
    Explains why the case dragged 25 years
    Turley walks through why the case has dragged past 25 years: the move into the military system, years in investigatory limbo at Guantanamo, and now the torture evidence. He flags that judges appear to be siding with the defendants' torture claims, which will complicate the trial. Background and explanation, staying inside the record already built.
  6. The Fox News Rundown, 2026-10-25 (9:16 to 11:09)
    Questions whether the pleas can be withdrawn
    Turley walks through what the refusal leaves open: whether the defendants can withdraw their guilty pleas along with the agreement, and how the government separates tainted evidence from the rest. Legal analysis and prediction, not a development in the case.
  7. The Fox News Rundown, 2026-10-25 (11:09 to 12:47)
    Walks families through the coming trial
    Turley walks through how the now-certain trial lands on victims' families: the military judge saw the plea as a compromise to keep torture evidence out, while many families told the Secretary of Defense that life in prison was not enough. Reaction and background, no new development.
Unpacking...