A New York appeals court heard arguments Wednesday in a long-running lawsuit brought by families of 9/11 victims against Saudi Arabia, with the Kingdom arguing it has sovereign immunity from prosecution in U.S. courts. The families allege that men with links to the Saudi government assisted the hijackers who carried out the 2001 attacks, an assertion Saudi Arabia has consistently denied.
The lawsuit, first filed in 2002, was permitted to proceed toward a trial in August 2025 after a Manhattan District Court found that the 9/11 families had presented sufficient evidence to meet the terms of the Justice Against Sponsors of Terrorism Act (JASTA). This act, passed by Congress in 2016, allows civil claims against foreign states or officials for injuries, death, or damages resulting from acts of international terrorism.
Saudi Arabia's legal team urged the Court of Appeals to reverse the lower court's decision. Counsel Gregory Rapawy contended that core issues of fact, particularly the nature of an alleged Saudi government employee's employment, remain undecided and must be resolved before the country can be stripped of immunity. The Kingdom has categorically denied any official complicity in the 9/11 attacks.
Conversely, 9/11 families' lawyer Gavin Simpson argued that the District Court had already determined that the actions of the individual in question, identified as Bayoumi, were not those of an innocent bystander. Simpson asserted that the court found Bayoumi was "following Saudi Arabia's instructions when assisting the hijackers" and that Saudi Arabia had failed to refute these points.
Judges appeared to consider the possibility of sending the case back to the district court for further findings, potentially including live witness testimony. When questioned about potential witnesses Saudi Arabia might call in such a scenario, Rapawy suggested that if the case hinged on Bayoumi's credibility, his testimony might be necessary.
Judge William Nardini acknowledged the complexity of the case, stating that the panel would take the arguments "under advisement" and issue a ruling at a later date.
Outside the courthouse, Terry Strada, whose husband was killed in the World Trade Center, expressed optimism. "25 years is an extraordinary time to go without accountability and justice for the murder of your loved one," Strada told the BBC. "What we hope is that the judges will uphold [District Court] Judge Daniels' decision and move to a trial."
Bayoumi, who is retired from government work, has denied knowing the men were hijackers or having any involvement in the attacks.