The Biden administration has petitioned a federal civilian court of appeals to stay the plea agreement for Khalid Sheikh Mohammed, the alleged mastermind of the 9/11 attack who is scheduled to plead guilty on Friday in return for the death penalty being removed from his case.

The Biden administration has asked a federal appeals court to block a plea agreement for accused 9/11 mastermind Khalid Sheikh Mohammed that would spare him the risk of the death penalty.

Justice Department lawyers are defending the defense secretary’s decision to back out of the agreement that avoided a death penalty trial, moving the question from military to civilian courts.