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Saudi Arabia grilled at federal appeals court over 9/11 terror attack

Joe Dwinell, Boston Herald on

Published in News & Features

Loved ones of 9/11 victims say Saudi Arabia flashed its “desperation” before a federal appeals court panel deciding if the kingdom should be held responsible for the murderous al-Qaeda terror attacks a quarter-century ago.

Lawyers for Saudi Arabia and the 9/11 kin went before the 2nd Circuit Court of Appeals in Lower Manhattan, just blocks from Ground Zero, on Wednesday. History unfolded during the 90-minute hearing as Circuit Court Judge William Nardini admitted, “It is a difficult case, and we will take it under advisement.”

The kingdom cited employment law and sovereignty rights as a basis to throw out the lawsuit filed against them by 9/11 families. Still, attorney Gavin Simpson won a round of applause from families packing the courtroom for saying the court needs to “eliminate the bizarre” and let the loved ones seek justice.

Circuit Court Judge William Nardini chastized the outburst, but let both sides have their say. A lower court has ruled that the 9/11 families should be allowed to sue Saudi Arabia under JASTA (the Justice Against Sponsors of Terrorism Act) passed by Congress in 2016, and that was the focus of Wednesday’s hearing.

Saudi Arabia’s U.S. lawyer, Gregory Rapawy, told the panel of three judges that “the Kingdom of Saudi Arabia has never supported its enemy, al-Qaeda, against its ally, the United States.” The hearing was broadcast live on the court’s YouTube channel.

“What we saw today is desperation by Saudi Arabia trying to wiggle away from accountability,” said Brett Eagleson of Connecticut, who was 15 when his dad, Bruce, died in the rubble of the Twin Towers.

“We’re fighting for our right to justice,” he told the Herald after the hearing, adding that if the appeals court allows the lawsuit to go forward, discovery can begin on terror cells in Boston where two of the four jets hijacked on 9/11 took off from Logan International Airport. Discovery would also be allowed in Phoenix, Ariz., Falls Church, Va., Patterson, NJ, and Sarasota, Fla., where al-Qaeda set up terror cells.

“The top priority here is discovery,” explained retired FAA special agent Brian Sullivan, who warned Logan Airport was vulnerable to a terror attack months before 9/11. “I want to see these people get justice; the American people get justice.”

 

Out of the 19 hijackers, 15 were Saudi nationals — including the first two to arrive in the U.S. They spoke no English and had no money, yet were set up in apartments all over Southern California until the day they joined other terror cells launching the worst attack on American soil since the bombing of Pearl Harbor.

The 53-page Plaintiffs’ Statement of Facts alleges that Saudi Arabian officials in Southern California and back home assisted the first two hijackers to arrive in the U.S. Those hijackers were Nawaf al-Hazmi and Khalid al-Mihdhar, who arrived in Los Angeles on Jan. 15, 2000.

The law firms sticking it out all these years with the 9/11 families include Motley Rice LLC, Kreindler & Kreindler LLP, Cozen O’Connor and Anderson Kill P.C. They represent thousands from all 50 states.

Saudi Arabia is arguing that under New York employment law, the oil-rich monarchy is not responsible for Omar Albayoumi, a California-based Saudi employee, who helped the first two hijackers with cash, connections, finding a place to live, and sketching out a flight path to allegedly hit targets in Washington, DC. The judges took turns interrupting the lawyers to clarify their arguments.

But this case rests on how the judges interpret JASTA, with one jurist stating, “What did Congress mean when it passed JASTA?”

Attorney Simpson said JASTA has been “correctly applied” in this case and all that went to hell on 9/11 should once and for all be exposed in an American court of law. Nearly 3,000 died that day when the hijackers slammed four jets into the World Trade Center, the Pentagon, and a field in Shanksville, Pa., after the passengers fought back.

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