A divided federal appeals court has thrown out an agreement that would’ve allowed accused Sept. 11 mastermind Khalid Sheikh Mohammed to plead guilty in a deal sparing him the risk of execution for al-Qaida’s 2001 attacks.

The court found that Defense Secretary Lloyd J. Austin III had the authority to invalidate a contract reached between the accused mastermind and a Pentagon official.

The Justice Department defended Austin’s decision to end the plea deals, filing an unusual appeal with the D.C. Circuit on Jan. 7, seeking to block the military courts from continuing with further proceedings under the plea deals. After President Donald Trump was inaugurated, DOJ continued to press the appeal.