September 11

9/11, al Qaeda, Barack Obama, Debra Burlingame, embassy bombings, Pentagon, September 11, Suing the Saudis, USS Cole, World Trade Center

Supreme Court urged to block 9/11 suit against Saudis; Obama stance irks 9/11 families

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The Washington Times reports this morning:

Family members of the victims of the Sept. 11 attacks say they have been blindsided by the Obama administration’s opposition to their lawsuit seeking damages from top members of the Saudi Arabian government over suspected financial links to the 9/11 attackers.

A series of closed-door meetings between the relatives’ groups and Justice Department officials, arranged as an update on Mr. Obama’s plan to close the detention facility at the U.S. Naval Base Guantanamo Bay, Cuba, turned instead into a sharp clash over the Saudi legal action, The Washington Times has learned.

“Physically, President Obama has done what previous presidents have done for a long time, which is bow down,” said Debra Burlingame, co-founder of 9/11 Families for a Safe and Strong America.

The relatives of the victims have signed onto a lawsuit seeking damages from four Saudi princes, saying they have been financing al Qaeda and thus are responsible in large part for the attacks that killed their loved ones.

The family members demanded to be be [sic] heard on the White House’s stance during a series of closed-door meetings at the State Department and the Justice Department last week.

The Supreme Court is expected to meet Thursday to decide whether to take the families’ case, which was rejected by a federal appeals court last year. The administration’s opposition to a Supreme Court review has dampened hopes among the 11 families for a reversal.

“Myself and the other family members are unanimously upset,” said Doug Connors, whose older brother was killed in the South Tower of the World Trade Center. “We feel that our government hasn’t supported us as victims.”

A U.S. district court dismissed the suit against the princes, a Saudi banker and a Saudi-based charity in 2006, and the 2nd U.S. Circuit Court of Appeals upheld the ruling in August 2008. … READ THE REST

Among the suit’s key assertions:

Senior Saudi officials and members of the royal family or their representatives served as executives or board members of the suspect charities when they were financing al-Qaeda operations. Overall, the Saudi government substantially controlled and financed the charities, the lawsuit alleges.

The charities laundered millions of dollars, some from the Saudi government, into al-Qaeda and other terrorist groups and provided weapons, false travel and employment documents, and safe houses.

Regional offices of the charities employed, in senior positions, al-Qaeda operatives who helped coordinate support for terror cells.

Although the lawsuit argues that the Saudi government “intended” the 9/11 attacks to happen, the public record supporting that allegation is thin, and lawyers suing the kingdom have yet to generate direct evidence that any senior Saudi official conspired with al-Qaeda to attack the United States.

Instead, the lawsuit compiles hundreds of incremental disclosures from U.S government and other sources and weaves them together to form one basic assertion: Al-Qaeda’s development from ragtag regional terrorists into a global threat was fueled by Saudi money, some of it from the government.

And the charities, the lawsuit contends, were the money’s conduit.

With the help of charities affiliated with the Saudi government, the lawsuit contends, al-Qaeda spread to the vicious 1990s Balkans war, which pitted indigenous Muslims, their al-Qaeda allies, and other mujaheddin against Serbs and Croats.

The organization then leapfrogged to attack Western targets, including two U.S. embassies in East Africa, the U.S. destroyer Cole, and finally the World Trade Center and the Pentagon.

In May, the New York Times reported:

[Solicitor General] Ms. Kagan noted that the Supreme Court had historically looked to the executive branch to take the lead on such international matters because of “the potentially significant foreign relations consequences of subjecting another sovereign state to suit.” The government said in its brief that the victims’ families never alleged that the Saudi government or members of the royal family “personally committed” the acts of terrorism against the United States “or directed others to do so.” And it said the claims that were made — that the Saudis helped to finance the plots — fell “outside the scope” of the legal parameters for suing foreign governments or leaders.

Last June, the Philadelphia Inquirer reported the 1976 Foreign Sovereign Immunities Act provides exceptions that allow citizens to sue foreign nations:

Plaintiffs must show that whatever harm was caused was the result of criminal behavior or some other action outside the boundaries of normal government operations.

Once that high hurdle is cleared, U.S. citizens can sue under circumstances, including: Cases of personal injury or death, or damage to or loss of property, occurring in the United States if caused by negligent acts of omission or commission by a foreign government.

The Philadelphia Inquirer has done extensive reporting on the lawsuit:

Part 1 Pinning the blame for 9/11

Part 2: How Cozen took on a kingdom for 9/11 liability

A former al-Qaeda fighter accuses a Saudi charity

Law’s exceptions allow citizens to sue foreign nations

A timeline traces events in the lawsuit (pdf)

Cozen O’Connor dealt blow in 9/11 lawsuit

Another tack in terror-financier lawsuit

High court is urged to block 9/11 suit against Saudis

Phila. firm files brief on behalf of 9/11 victims (most recent report)

Project home page: Sept. 11 lawsuit: Suing the Saudis

9/11, al Qaeda, Barack Obama, DOJ, Gitmo, Guantanamo, Military Commissions, September 11, War on Terror

9/11 family member at DOJ meet asked ‘How many people here are in favor of closing Gitmo?’ Two hands went up

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WJHG TV, an NBC affiliate in Panama City, Florida reports:

Arias’ brother, Adam, was killed when the south tower of the World Trade Center collapsed during the September 11th terrorist attacks. Arias was randomly selected to go to Guantanamo Bay this January and witness a competency hearing for accused terrorist Ramzi Binalshibh.

Arias says, “When I was in Gitmo, the defendants looked tanned and relaxed and quite cocky. They proclaimed how proud they were that they had killed almost 3,000 Americans.”

Arias is back from two weeks of meetings with the Military Commissions Prosecution Team in Orlando and the Department of Justice Task Force in the nation’s capital. Arias believes that President Obama’s plan to close Guantanamo Bay is misguided. He says he met many people who agree with him: “An elderly fireman, who retired, who lost his son on 9/11, looked around the table and said, ‘How many people here are in favor of closing Gitmo?’ Two hands went up. ‘How many people here are in favor of keeping Gitmo and the tribunals open?’ Forty hands went up. That man said, ‘Bring that to the president, tell him what 9/11 families really want.'”

He says that under the President’s current orders, a multi-agency task force will review each case in the detention center, with guidance to put as many in federal court as possible. But, he claims this provides terrorists with more rights than they deserve, and he cautions that prosecuting attorneys would have to divulge sensitive information in court just to get a conviction.

“We would actually betray our allies in the field that way. So, that would give insight into the ways, means, methods in which we collect information to thwart terrorist attacks. So, we’re putting human lives in danger by doing that.”

Arias says a justice system that punishes war criminals is vital to winning the War on Terror. He offers an argument against those who say Gitmo can be used against us: “Prior to 9/11, there was no such thing as Guantanamo Bay Detention Center. Al-Qaeda needed no recruitment tool other than hatred to kill 3,000 Americans on 9/11.”

For those family members of the victims of terrorism unable to attend the Department of Justice’s meetings, but still interested in expressing views, the DOJ “welcome[s] written submissions.” Please send your written comments via email (nsd.ovt@usdoj.gov) or fax (202-514-4275) to the Office of Justice for Victims of Overseas Terrorism (OVT) no later than June 26, 2009. Click here for a few questions to consider when writing them.