On Monday, the U.S. Supreme Court declined to hear an appeal filed by three men accused of involvement in the September 11, 2001, terrorist attacks. The defendants—Khalid Sheikh Mohammed, Mustafa al-Hawsawi, and Walid bin ‘Attash—are currently held at the detention facility at Guantánamo Bay, where they have been awaiting trial for years.

The legal dispute centered on the defendants' attempts to reinstate plea agreements that had been negotiated but were subsequently blocked or withdrawn by the government. By declining to hear the case, the Supreme Court leaves in place the current legal status of the proceedings, meaning the defendants will continue to face trial rather than the terms of the proposed plea deals. As is standard procedure for such orders, the Court provided no explanation for its decision to deny the petitions. Justice Brett Kavanaugh did not participate in the consideration of the case, though no reason was provided for his recusal. The decision effectively keeps the long-running military commission process moving forward without the resolution that the plea deals would have provided.