9/11 families' lawyer applauded in court after pressing Saudi Arabia over alleged role in attack

NEW YORK CITY, NEW YORK: A courtroom packed with relatives of September 11 victims erupted briefly in applause on Wednesday, October 7, after the attorney representing the families completed his arguments in their long-running effort to hold Saudi Arabia accountable.

The emotional moment came during a hearing in Manhattan, where Gavin Simpson urged a federal appeals court to allow the families' case against the Kingdom to move forward.

Judge William Nardini quickly reminded the gallery that the proceedings were not a moment for applause.

For families who have spent more than 20 years pursuing the case, however, the hearing marked another significant stage in a battle that began shortly after the attacks.

Attorney invokes JASTA in Saudi case

Around 100 people connected to the September 11 attacks were in the courtroom as the Second Circuit Court of Appeals considered whether Saudi Arabia can be forced to defend itself against the allegations.

Simpson spent about half an hour presenting the families' position to the three-judge panel.

Rather than seeking a final verdict on the allegations at Wednesday's hearing, he was fighting over whether the lawsuit should be permitted to continue at all.

A major part of his argument centered on the Justice Against Sponsors of T*******m Act, known as JASTA.

The 2016 legislation changed the legal landscape for certain claims brought by Americans against foreign governments over attacks carried out on US soil.

Simpson argued that Saudi Arabia had not demonstrated that it was entitled to immunity from the families' claims.

The reaction from the courtroom gallery came immediately after he finished speaking. Some relatives applauded the attorney before Judge Nardini stepped in.

“Please, this is not a moment for such things,” the judge said.

9/11 families demand justice

Terry Strada, whose husband Tom died on September 11, was among those watching the arguments.

Strada has become one of the most prominent voices among relatives seeking answers and accountability from the Kingdom.

She is a lead plaintiff in the lawsuit, which was first brought in 2004.

After Wednesday's hearing, Strada said she left the courthouse encouraged by the judges' questioning.

“I felt good about what I heard and saw in the room,” Strada said.

She added that the judges had raised questions that she believed were important to the families' case.

“As an American, a patriot, I want to see the right thing done,” Strada said. “The Kingdom needs to be held accountable.”

Saudi Arabia continues to deny 9/11 allegations

Saudi Arabia's legal team argued that the Kingdom should be removed from the lawsuit and maintained that sovereign immunity protects the country from being sued in a US court.

Attorney Gregory Rapawy rejected the suggestion that the Saudi government supported violent groups, telling the judges: “The Kingdom of Saudi Arabia has never supported its enemy, against its ally, the United States.”

The Kingdom has consistently denied involvement in the September 11 attacks and disputes the families' allegations that it provided assistance to people connected to the attackers.

Its lawyers argued that the families had not established the legal basis needed to overcome foreign sovereign immunity. 

They also challenged the attempt to rely on JASTA as an exception that would allow the case to proceed.

Saudi Arabia is therefore asking the appeals court to end its involvement in the litigation rather than send the case toward a trial.

The judges did not issue a ruling on Wednesday. Their eventual decision will determine whether the Kingdom remains a defendant as the families continue their pursuit of the case.