Victims of 9/11 can take Saudi Arabia to trial, a judge ruled on Aug. 28. For years, the kingdom dodged legal action because of its sovereign immunity.
After many legal hurdles, this 23-year-long legal saga can now go to civil trial, in a crucial win for the survivors and victims’ family members of the 2001 terrorist attack on the World Trade Center.
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Multiple hurdles
A federal court dismissed the case in 2015 due to the kingdom’s sovereign immunity. But this was overturned in 2016 by an appeals court with the enactment of Justice Against Sponsors of Terrorism, which allows civil cases to proceed against foreign governments that are charged with terrorism on American soil.
The consolidated Multi-District Litigation, which includes thousands of plaintiffs, alleges that Saudi Arabia supported al-Qaida and helped facilitate the attacks.
The case focuses on two lower-level Saudi officials who were living in California at the time: Omar al-Bayoumi and Fahad al-Thumairy, who are said to have plugged in al-Qaida operatives to resources in the United States.
New evidence
New evidence presented by the plaintiffs challenges the FBI’s stance that al-Bayoumi and al-Thumairy unknowingly helped the al-Qaida hijackers when assisting them before the attacks.
“Information uncovered by plaintiffs has rewritten the history of the Sept. 11 plot as it was presented in the years after the attacks by the George W. Bush administration and the bipartisan 9/11 Commission,” wrote Tim Golden for ProPublica. “Most significantly, the plaintiffs’ evidence has undermined the FBI’s conclusion that two Saudi officials in Southern California — one a part-time spy, the other a religious official with diplomatic status — acted ‘unwittingly’ when they helped the first Qaida hijackers who arrived in the United States.”
Judge George B. Daniels of the Southern District of New York in Manhattan ruled Thursday that the case can go to trial.
“We created an overwhelming picture of Saudi Arabia’s role in supporting the 9/11 hijackers,” said Brett Eagleson, a spokesperson for the victims whose father was killed in the World Trade Center attacks.
The kingdom could appeal the ruling under special protections granted to foreign governments under U.S. federal law.