A federal appeals court tossed out a plea deal for Khalid Sheikh Mohammed, the mastermind behind the September 11, 2001, attacks, that would have prevented a lengthy death penalty trial.

In a 2-1 decision, judges for the D.C. Appeals Court said that the government “indisputably” had the authority to withdraw the plea deal – which a senior Pentagon official reached with Mohammed last year before former defense secretary Lloyd Austin intervened.

Under the plea deal, Mohammed and two co-defendants would have pleaded guilty to their roles in the terrorist plot in exchange for life in prison, avoiding the death penalty. However, Austin declared the plea deal void.

The ruling means that the decades-long case against Mohammed, 61, will continue remaining in limbo.

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