Law & Justice

NY Court Considers Whether 9/11 Victims’ Families’ Lawsuit Against Saudi Arabia Can Proceed to Trial

By Today News Hours Editorial Desk

The New York Court of Appeals heard arguments from lawyers representing families of 9/11 victims and from the Saudi Arabian government as it decides whether the families’ long‑running lawsuit can move forward. The case stems from the September 11, 2001 attacks that killed almost 3,000 people when hijackers crashed four U.S. passenger jets into the World Trade Center, the Pentagon, and a field in Pennsylvania. The families allege that a former Saudi government employee, Omar al‑Bayoumi, knowingly supported two of the hijackers and worked with officials linked to the Saudi Ministry of Islamic Affairs. Bayoumi, now retired, denies that he knew the men were hijackers or that he was involved in 9/11, and Saudi Arabia has said any claim of complicity is false. The Kingdom argues that, as a foreign sovereign state, it enjoys immunity from U.S. prosecution. The families first filed the lawsuit in 2002 and lobbied Congress for an amendment to the foreign sovereign immunity law. In 2016, Congress passed the Justice Against Sponsors of Terrorism Act (JASTA), allowing civil claims against a foreign state or official for injuries, death, or damages from an act of international terrorism. In August 2025, a Manhattan District Court ruled that the families had presented enough evidence to meet JASTA’s requirements and allowed the case to proceed toward trial. Saudi Arabia has asked the Court of Appeals to reverse that decision. Counsel Gregory Rapawy argued that core factual issues—particularly the nature of Bayoumi’s employment by the Saudi state—had not been decided and needed resolution before the country could be stripped of immunity. Families’ lawyer Gavin Simpson countered that the District Court had already found Bayoumi’s actions were not those of a good Samaritan or innocent participant, stating that “he was, in fact, following Saudi Arabia’s instructions when assisting the hijackers,” and that Saudi Arabia had failed to rebut those points. The judges considered whether to remand the case to the district court for more concrete findings, which could involve testimony from live witnesses. When asked by Judge Guido Calabresi which witnesses Saudi Arabia could call if the case were remanded, Rapawy suggested that if Bayoumi’s credibility were the issue, the court would need to determine whether he could be called to testify. Judge William Nardini concluded the hearing by saying, “it’s a difficult case, and we will take it under advisement,” indicating that the panel would issue a ruling at a later date. Outside the courthouse, Terry Strada, whose husband Tom was killed in the World Trade Center, told the BBC she felt positive about the hearing. “25 years is an extraordinary time to go without accountability and justice for the murder of your loved one. What we hope is that the judges will uphold [District Court] Judge Daniels’ decision and move to a trial.”