In a highly unusual move, a federal appeals court effectively acknowledged Thursday that its earlier decision to remove Saudi Arabia from the suit was mistaken.
This is an extremely interesting turn of events, thanks in no small part to the efforts of the Philadelphia law firm which filed the case. The discovery process should be very educational:
In a significant reversal, a federal appeals panel Thursday restored Saudi Arabia as a defendant in a lawsuit alleging that the desert kingdom financed and provided logistical support to members of al-Qaeda in the years before the attacks of Sept. 11, 2001, facilitating the terrorist group's emergence as a global threat.
The lawsuit, filed by Center City's Cozen O'Connor, has been wending its way through courts since it was filed in 2003. The U.S. Court of Appeals for the Second Circuit in Manhattan ruled in 2008 that Saudi Arabia could not be sued under U.S. law. But in a highly unusual move, the court effectively acknowledged Thursday that its earlier decision was mistaken.
It restored not only Saudi Arabia, but also a government charity called the Saudi High Commission for Relief of Bosnia and Herzegovina, which plaintiffs attorneys charge provided cash and logistical support to al-Qaeda units in the Balkans during the armed conflicts there in the 1990s.
"I think it is an eminently correct decision," Stephen Cozen of Cozen O'Connor said of the Second Circuit's opinion restoring Saudi Arabia as a defendant. "The kingdom and the Saudi High Commission deserved to be back in the case as defendants, and we are prepared to meet any of their legal and factual arguments with substantial legal and factual arguments of our own."
The decision marked the second advance in the last week for lawyers representing 9/11 victims, their families, and insurers that lost billions covering businesses and properties damaged or destroyed when two hijacked commercial airliners slammed into the World Trade Center in New York City. Scores of people from the Philadelphia region lost their lives in the attacks.
On Monday, the U.S. Supreme Court asked the Obama administration to weigh in on an appeal by Cozen, asking for the reinstatement of another group of defendants - dozens of individuals and financial institutions accused of funneling money to al-Qaeda before the attacks. The request suggests that the court views the matter as having some importance and increases the odds that it may agree to hear the appeal.
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Cozen O'Connor and several other law firms sued the government of Saudi Arabia, various Islamist charities, and alleged terrorism financiers in 2003, charging that they provided financial support to al-Qaeda over 10 years before the 9/11 attacks. The firms alleged that Saudi Arabia provided tens of millions of dollars to charities that in turn bankrolled al-Qaeda units in the Balkans, the Philippines, and elsewhere. Senior U.S. government officials warned Saudis before the 9/11 attacks that government-funded charities were bankrolling terrorist units, but, they said, the Saudis failed to react.
The talking heads over at Fox never pass up an opportunity to attack President Obama as somehow being soft on terrorism and the news of the embassy closings throughout the Middle East was no exception. Read more...