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.