Defense Secretary Lloyd Austin lost his appeal to throw out plea deals for three men involved in the attacks on Sept. 11, 2001.

A U.S. official confirmed on the condition of anonymity to the Associated Press that a military appeals court is upholding the plea deals for Khalid Sheikh Mohammed, Mustafa al Hawsaw, and Walid bin Attash. As a result, the three defendants will be given the opportunity to plead guilty to the terrorist attack over 20 years after the fact.