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

The three-judge decision appeared, at least for now, to put plea proceedings for Khalid Shaikh Mohammed and two others back on track to take place in early January at Guantánamo Bay.

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

Fox News correspondent Lucas Tomlinson has the latest on the decisions on 'Special Report.'

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.

FileA plea deal that could let the alleged mastermind of the 9/11 terrorist attacks avoid the death penalty was upheld by a U.S. military appeals court.Earlier this year three men held for decades without trial at the Guantanamo Bay detention center reached an agreement with Pentagon prosecutors to plead guilty and possibly avoid the death penalty.