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A hijacked commercial plane approaches the World Trade Centre in New York shortly before crashing into it on September 11, 2001. Photo: AFP

US eyes release of 9/11 records in lawsuit accusing Saudi Arabia of complicity

  • The long-running lawsuit advanced significantly this year with the questioning under oath of former Saudi officials
  • Their depositions remain under seal, however, alongside a trove of other documents deemed too sensitive for disclosure

The US Justice Department has said it would work toward providing families of September 11 victims with more information about the run-up to the attacks as part of a federal lawsuit that aims to hold the Saudi government accountable.

The disclosure in a two-page letter filed in federal court in Manhattan on Monday follows long-standing criticism from relatives of those killed that the United States government was withholding crucial details from them in the name of national security.
Nearly 1,800 families, victims and first responders objected in a letter last week to President Joe Biden’s attendance at September 11 memorial events as long as key documents remained classified. Monday’s move failed to placate at least some victims’ relatives, who said the FBI and Justice Department have already had years to review the documents.
The ground zero and September 11 memorial pools are seen amid the city skyline of lower Manhattan and New York on August 5. Photo: AFP

“We appreciate that President Biden recognises that long-standing questions about the Kingdom of Saudi Arabia’s involvement in the worst-ever terrorist attack on American soil remain unanswered, but nobody should be fooled by this half-hearted, insufficient commitment to transparency,” said Terry Strada, whose husband, Tom, died when a hijacked plane flew into the World Trade Centre.

She said the announcement only applies to a limited “subset of cherry-picked documents that the FBI has already identified for review”.

A long-running lawsuit accusing Saudi Arabia of being complicit in the attacks advanced significantly this year with the questioning under oath of former Saudi officials. Those depositions, however, remain under seal and the US has withheld a trove of other documents as too sensitive for disclosure.

In its letter on Monday, the department said that the FBI had recently concluded an investigation that examined certain September 11 hijackers and potential co-conspirators, and that it would now work to see if information it had previously determined could not be disclosed may instead be shared. It did not reveal in the letter any findings of that probe, which it has referred to as the “Subfile Investigation”.

“The FBI will disclose such information on a rolling basis as expeditiously as possible,” the Justice Department said. The department said in a separate statement on Monday that the FBI was newly reviewing the documents for information that could be shared with the families despite prior court rulings “upholding the government’s privilege assertions”.

Fifteen of the September 11 hijackers were Saudi, as was Osama bin Laden, whose al-Qaeda network was behind the attacks. Photo: AP

Biden on Monday praised the Justice Department’s action, saying his administration was “committed to ensuring the maximum degree of transparency under the law”.

“In this vein, I welcome the Department of Justice’s filing today, which commits to conducting a fresh review of documents where the government has previously asserted privileges, and to doing so as quickly as possible,” he said.

But Brett Eagleson, whose father, Bruce, was killed inside the World Trade Centre and who advocates for September 11 victims, said in a statement that while he appreciated Biden’s acknowledgement of the families, “we have heard many empty promises before.”

He added: “We hope the Biden administration comes forward now to provide the information the 9/11 community has waited to receive for 20 years, so we can stand together with the president at ground zero on 9/11.”

Multiple US government investigations have examined ties between Saudi nationals and some of the hijackers, but have not established that the Saudi government was directly involved. Fifteen of the hijackers were Saudi, as was Osama bin Laden, whose al-Qaeda network was behind the attacks. The Saudi government has long denied any connection.

Particular scrutiny has centred on the support offered to the first two hijackers to arrive in the US, Nawaf al-Hazmi and Khalid al-Mihdhar, including from a Saudi national who helped them find and lease a flat in San Diego.

This article appeared in the South China Morning Post print edition as: 9/11 victims’ families eye release of secret Saudi files
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