Sasha Pfeiffer
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The three men, including alleged ringleader Khalid Sheikh Mohammed, agreed to plea deals last summer.
But former Defense Secretary Lloyd Austin retracted those agreements.
The defendants appealed, arguing Austin lacked the authority to do that.
They've been fighting to reinstate their plea deals ever since.
The accused terrorists hit a setback this week.
Court of Appeals for the D.C.
Circuit has declined to hear their case, the men now have two choices.
Appeal to the country's highest court or continue toward a death penalty trial.
The plea deals would have let them plead guilty in return for up to life in prison.
They'll now consult with their lawyers about next steps.
The ruling came in a lawsuit filed by the American Civil Liberties Union, which now plans to ask the court to shut down the migrant detention center at Guantanamo.
The Trump administration began sending migrants there in February, and about 700 have been sent so far, usually for a few days or weeks at a time.
The judge said that's costing $100,000 a day per detainee, whereas it would cost about $165 a day per detainee to hold them in the U.S.
The judge also said the administration is not legally permitted to use offshore military bases to hold detainees designated for deportation.
The Trump administration did not immediately respond to a request for comment.
The ruling came in a lawsuit filed by the American Civil Liberties Union, which now plans to ask the court to shut down the migrant detention center at Guantanamo.
The Trump administration began sending migrants there in February, and about 700 have been sent so far, usually for a few days or weeks at a time.