
The Court of Appeals in New York examined competing arguments regarding a long-standing civil case brought by families of 9/11 victims against Saudi Arabia. The case centers on allegations that a Saudi government employee, Omar al-Bayoumi, provided support to two of the hijackers involved in the 11 September 2001 attacks, which killed nearly 3,000 people. The families contend that Bayoumi was coordinating with a network of officials connected to the Saudi Ministry of Islamic Affairs. Bayoumi has denied knowledge that the men were hijackers or any participation in the attacks, and Saudi Arabia categorically denies any complicity in the events.
A central legal issue before the court involves the question of sovereign immunity. Saudi Arabia has argued that as a foreign state, it cannot be prosecuted in US courts. The families initially filed suit in 2002 and subsequently lobbied Congress to modify the sovereign immunity statute. In 2016, Congress passed the Justice Against Sponsors of Terrorism Act, which permits civil claims against foreign states or officials for injuries and deaths resulting from international terrorism. In August 2025, a Manhattan District Court determined that the families had presented sufficient evidence to satisfy the statute’s requirements, clearing the way for trial.
During oral arguments, Saudi Arabia requested that the appellate court reverse the District Court’s decision. Defense counsel Gregory Rapawy contended that key factual questions, particularly regarding the nature of Bayoumi’s employment by the Saudi state, remained unresolved and must be settled before immunity could be removed. The families’ attorney, Gavin Simpson, countered that the District Court had already determined Bayoumi’s actions exceeded charitable assistance and reflected compliance with Saudi Arabia’s directives—points he said the country had failed to adequately contest.
The judges appeared to consider whether to remand the case to district court for more definitive findings, potentially involving testimony from witnesses. When asked about possible witnesses, the Saudi counsel indicated uncertainty about whether Bayoumi himself could testify. Judge William Nardini concluded the hearing by noting its complexity and indicating the panel would issue a ruling later. Outside the courthouse, Terry Strada, whose husband died in the attacks, expressed optimism about the proceedings and called for the judges to affirm the lower court’s decision and advance toward trial.
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