A military appeals court has ruled against Defense Secretary Lloyd Austin’s effort to throw out the plea deals reached for Khalid Sheikh Mohammed and two other defendants in the 9/11 attacks, a US official said.

The U.S. government earlier this year entered into the plea agreements with Khalid Sheikh Mohammed and two other 9/11 suspects, sparing them the death penalty.

A U.S. military appeals court has ruled that plea deals related to the man accused of masterminding the Sept. 11, 2001, attacks and two accomplices can proceed after Defense Secretary Lloyd Austin had earlier moved to invalidate the agreements.

A U.S. military court upheld a judge’s ruling that said Defense Secretary Lloyd Austin acted improperly when he invalidated plea agreements for three men accused of planning the 9/11 attacks.

A military appeals court ruled Monday that Defense Secretary Lloyd Austin could not withdraw plea agreements for Khalid Sheikh Mohammed and two other defendants.

Khalid Sheikh Mohammed, Mustafa al Hawsaw, and Walid bin Attash can plead guilty to the terrorist attack and avoid the death penalty.

According to ABC News, the military appeals court ruled on Monday night that Mr. Austin had no authority to nullify the plea agreements, which will allow the three men to avoid the death penalty for their alleged crimes.