Judge expected to make decision on dismissal motion in lawsuit regarding 9/11 attacks

Katie Aguilera

A long-running lawsuit against the Kingdom of Saudi Arabia brought by families of victims of the terror attacks on September 11, 2001 may be dismissed before it goes to trial.  In August 2017, Saudi Arabia filed a motion to dismiss the case, arguing that the plaintiffs “could not show that any Saudi official, employee or agent planned or carried out the attacks.”

On January 18, 2018, Judge Daniels “sparred with an attorney representing insurance companies and businesses seeking damages from the Kingdom of Saudi Arabia for the attacks on New York City and Washington, D.C., which took the lives of almost 3,000 people, over whether or not plaintiffs could bring claims against the Saudi government under the Justice Against Sponsors of Terrorism Act, or JASTA,” according to this New York Law Journal article by Andrew Denney.

That article goes on to say that Judge Daniels “questioned if the plaintiffs proved that providing funding to the group [Al Qaeda] specifically caused it to carry out the 9/11 attacks and if the Saudi government could be held liable for all attacks conducted under the banner of Al-Qaeda.”

Judge Daniels previously dismissed claims against Saudi Arabia in September 2015.  Daniels said that “Saudi Arabia had sovereign immunity from damage claims by families of nearly 3,000 people killed in the attacks, and from insurers that covered losses suffered by building owners and businesses.”  However, the passage of JASTA, which narrows the scope of foreign sovereign immunity, enabled the families to sue the Saudi government.  This allowed the case to move forward.

The 9/11 Commission report stated that, “It does not appear that any government other than the Taliban financially supported al Qaeda before 9/11, although some governments may have contained al Qaeda sympathizers who turned a blind eye to al Qaeda’s fundraising activities.  Saudi Arabia has long been considered the primary source of al Qaeda funding, but we have found no evidence that the Saudi government as an institution or senior Saudi officials individually funded the organization.  (This conclusion does not exclude the likelihood that charities with significant Saudi government sponsorship diverted funds to al Qaeda).”

The commission report also stated, “to date, the US government has not been able to determine the origin of the money used for the 9/11 attacks.  Ultimately the question is of little practical significance.”

If the case goes to trial, it will give the families of victims of the attacks the opportunity to seek some justice for what happened.  It will also hopefully bring attention to, and connect, information that has come out in the years since the attacks that often gets little coverage.

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