A military appeals court has ruled that the plea deals of three 9/11 defendants, including Khalid Sheikh Mohammed, can proceed, allowing them to avoid the death penalty. The plea deals had been announced in July, and in August Defense Secretary Lloyd Austin had attempted to withdraw them.

The deals would allow Mohammed, Walid bin Attash, and Mustafa al-Hawsawi to provide guilty pleas in exchange for avoiding the death penalty.

The ruling affirms a November decision by a military judge, Air Force Colonel Matthew McCall, which found that the plea deals were still valid. The November decision argued that Austin lacked the authority to withdraw the deals and did so too late, after the deals had already been approved.

The Pentagon man may now choose to appeal the ruling again.