A military appeals court on Monday night ruled against Austin’s order this summer nullifying plea deals reached with Khalid Sheikh Mohammad, Walid bin Attash and Mustafa al-Hawsawi.

The terrorists’ defense attorneys argued that the secretary did not have the authority to overturn the agreements after they were already approved by the top authority of the Guantanamo Bay courts in July.

They further claimed that Austin’s order was unlawful interference in the case.

The move clears the way for Mohammad, the mastermind of the Sept. 11, 2001, terror attacks, and his co-conspirators to plead guilty in a hearing next week.

However, Austin retains the ability to appeal the decision. Reps for the Pentagon did not immediately respond to a request for comment.

In the arrangements, Mohammad, Attash and al-Hawasawi agreed to plead guilty to war crimes in exchange for life sentences.

Prosecutors offered the deal to bring about an end to the pretrial court proceedings that have dragged on for more than a decade.

The decision comes after a lower court in November ruled that Austin’s order came too late — and that the act was beyond his scope of authority.

Appeals court judges upheld that ruling in the 21-page decision released late Monday.

“We agree with the military judge that the secretary did not have authority to revoke respondents’ existing PTAs because the respondents had started performance of the PTAs,” the three-judge panel said.

The agreements were originally signed by Pentagon official Susan K. Escallier, whom Austin appointed to be in charge of military commissions.

While the initial blow of the plea deals shook many 9/11 victims’ loved ones and survivors, some have told The Post that the on-off nature of their status has put them through an emotional roller coaster.

Advertisement

While the initial blow of the plea deals shook many 9/11 victims’ loved ones and survivors, some have told The Post that the on-off nature of their status has put them through an emotional roller coaster.