ANDRES ESTRELLA – On Monday March 20, the first lawsuit brought under JASTA—the Justice Against Sponsors of Terrorism Act—was filed in a Manhattan court. [1] JASTA is the 9/11 bill allowing families of victims of terrorist attacks to sue state sponsors of terrorism in United States federal courts. Congress passed this bill just before the 15th anniversary of the 9/11 attacks by overriding then President Obama’s veto.
The current lawsuit was filed on behalf of 850 families of those who died and another 1500 people injured in the 9/11 attacks.[2] The lawsuit, filed in the Southern District of New York, holds Saudi Arabia responsible because of their alleged support of al-Qaeda in four ways.[3] The complaint details how Saudi Arabia indirectly funded the terrorist group al-Qaeda, via nine charities that were essentially alter egos of the government. [4] These charities were known to promote an extreme form of Islam and maintained ties with Osama bin Laden.[5] The complaint also details how the charities established training camps and safe houses in Afghanistan.[6] Additionally, the Saudi government allegedly provided logistical support in the form of passports and worldwide travel assistance. Lastly, Saudi officials in the U.S. even helped to aid the individual hijackers, 15 of which (out of 19 total) were Saudi nationals.[7]
The families are seeking monetary damages with separate awards for each plaintiff with interest, costs, punitive damages and other damages and fees.[8] During his campaign, President Trump voiced his support for the bill and even called then President Obama’s veto “shameful.”[9] However, in a recent interview, Saudi Arabian Energy Minister, Khalid al-Falih, told the Wall Street Journal that he believed the Trump administration would take “corrective measures” regarding the JASTA bill Falih was “not happy” with.[10]
While JASTA allows the plaintiffs’ case against Saudi Arabia to move forward in federal court, the battle for justice is far from over given the potential for appeal all the way to the Supreme Court. However, even if the plaintiffs win a judgment against Saudi Arabia, will Trump step in to stop the enforcement? Or will he demand payment? And how will Saudi Arabia respond? Given Saudi Arabia’s position as one of the U.S.’s strategic allies in the troubled region the situation seems to be a rather sticky one that Obama wanted to avoid.
For now though, we are left to wait and see how the Southern District of New York, which calls two court houses just blocks from where the twin towers fell home, feels about state sponsors of terrorism and bringing them to justice.
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[1] Melanie Eversley, Families of 9/11 victims suing Saudi Arabia for role in attacks, USA Today, (March 20, 2017), http://www.usatoday.com/story/news/2017/03/20/families-911-victims-file-lawsuit-blaming-saudi-arabia/99421816/.
[2] Id.
[3] Id.
[4] Id; Andrea Noble, Families of 9/11 Victims sue Saudi Arabia, accuse country of funding al-Qaeda, The Washington Times, (March 21, 2017), http://www.washingtontimes.com/news/2017/mar/21/families-911-victims-sue-saudi-arabia/
[5] Andrea Noble, Families of 9/11 Victims sue Saudi Arabia, accuse country of funding al-Qaeda, The Washington Times, (March 21, 2017), http://www.washingtontimes.com/news/2017/mar/21/families-911-victims-sue-saudi-arabia/
[6] The Associated Press & NBC New York, 9/11 Families Sue Saudi Arabia in Terrorist Attacks, NBC New York, (March 20, 2017), http://www.nbcnewyork.com/news/local/911-Families-Sue-Saudi-Arabia-Terror-Attack-New-York-World-Trade-Center-Lawsuit-416637413.html.
[7] Andrea Noble, Families of 9/11 Victims sue Saudi Arabia, accuse country of funding al-Qaeda, The Washington Times, (March 21, 2017), http://www.washingtontimes.com/news/2017/mar/21/families-911-victims-sue-saudi-arabia/
[8] The Associated Press & NBC New York, 9/11 Families Sue Saudi Arabia in Terrorist Attacks, NBC New York, (March 20, 2017), http://www.nbcnewyork.com/news/local/911-Families-Sue-Saudi-Arabia-Terror-Attack-New-York-World-Trade-Center-Lawsuit-416637413.html.
[9] Kevin Liptak, Obama Vetoes 9/11 Lawsuit Bill, CNN, (September 28, 2016), http://www.cnn.com/2016/09/23/politics/september-11-bill-saudi-arabia-veto/
[10] Tom O’Connor, Saudi Arabia Wants Trump to Drop 9/11 Terror Victims Law, NewsWeek, (March 20, 2017), http://www.newsweek.com/saudi-arabia-donald-trump-911-law-571051.
