Justice Department lawyers are defending the defense secretary’s decision to back out of the agreement that avoided a death penalty trial, moving the question from military to civilian courts.

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

The Biden administration has asked a federal appeals court to block a plea agreement for accused 9/11 mastermind Khalid Sheikh Mohammed that would spare him the risk of the death penalty

The defendants involved in the potential plea deal include Khalid Sheikh Mohammed, the alleged mastermind of the 9/11 attacks.