Family members of 9/11 victims are anticipating a decision from the U.S. Court of Appeals for the Second Circuit regarding whether Saudi Arabia can be sued under the Justice Against Sponsors of Terrorism Act. The case centers on allegations that Islamists with influence in the Saudi government provided assistance to two of the 19 hijackers involved in the September 11 attacks. Terry Strada, national chair of 9/11 Families United and widow of a Cantor Fitzgerald employee killed in the north tower, stated that the families have pursued justice since 2004.
The legal dispute revolves around the role of Omar al-Bayoumi, a Saudi national alleged to have helped secure housing in San Diego for hijackers Nawaf al-Hazmi and Khalid al-Mihdhar more than a year before the attacks. Both men died when American Airlines flight 77 struck the Pentagon, killing all 59 people onboard and 125 on the ground. According to court documents, the 9/11 Commission Report indicated it was plausible that operatives would have sought assistance from a U.S. contact prior to the attacks. In 2012, an FBI report named Fahad al-Thumairy, a Saudi Islamic affairs official, and Mussaed Ahmed al-Jarrah, another Saudi embassy official, as having worked with al-Bayoumi to assist the hijackers. The families cite unreleased videos as potential evidence that the commission did not previously access.
Saudi Arabia’s legal representatives argue there is no evidence that the government funded or directed support for the attacks. Attorney Greg Rapawy, representing the kingdom, stated that Saudi Arabia opposed violent jihad and al-Qaida, and that the 9/11 Commission found no evidence the Saudi government or senior officials funded the militant organization. The defense maintains that any assistance provided was not part of an organized al-Qaida plot.
During the appellate proceedings, judges posed substantive questions to Saudi attorneys, which families’ representatives interpreted as favorable to their position. If the court rejects Saudi Arabia’s sovereign immunity defense and upholds a 2005 ruling, the case could proceed to trial within the next year. Should that occur, discovery could expand to examine potential al-Qaida cells in multiple U.S. locations prior to 9/11. Brett Eagleson, who lost his father in the attacks, stated that families remain committed to pursuing the investigation. The ruling ultimately depends on how the appellate panel interprets the Justice Against Sponsors of Terrorism Act.
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