The Pentagon plans to challenge a recent military court decision that upheld Defense Secretary Lloyd Austin’s decision to invalidates plea agreements for several accused 9/11 co-conspirators inappropriate, a defense official tells NBC News.

“We intend to request a postponement of any plea or plea hearings during this time,” the official said.

In July, prosecutors announced they had entered into agreements to recognize the recognition of the process with Khalid Sheikh Mohammed, Walid Muhammad Salih Mubarak Bin ‘Attash and Mustafa Ahmed Adam al Hawsawi. The deal would have allowed them to plead guilty to lesser charges that would have prevented them from receiving the death penalty.

But in a shocking move days later, Austin withdrew the controversial plea deals and removed Susan Escallier, the convening authority for the military commissions, from the case. Austin said in a letter to Escallier that “responsibility for such a decision should rest with me.”

Mohammed is accused of being a mastermind behind the 9/11 attacks, which killed 2,977 people. He and several other defendants, including the other two included in the plea agreement, were originally charged and arraigned in 2008 in connection with their alleged roles in the attack.

The three inmates filed pleas and argued that Austin’s decision violated the rules. A judge in the case agreed, ruling last week that Austin had acted outside his authority to invalidate the plea deals and declared the plea deals valid and enforceable.