With 28 Pages Still Hidden, Saudis May Be Released from 9/11 Suit

911 WTC aerial2

By Brian McGlinchey

Undermined by the U.S. government’s refusal to share everything it knows about the September 11 attacks, the pursuit of justice by 9/11 family members and survivors could be stopped in its tracks within the next 90 days.

In a courtroom just minutes from the World Trade Center, lawyers for the Kingdom of Saudi Arabia last Thursday asked Judge George Daniels to release the kingdom from a lawsuit seeking to hold it liable for aiding the 9/11 hijackers.

Representing Saudi Arabia, attorney Michael Kellogg said the victims have failed to provide “admissible, concrete, competent evidence” of Saudi Arabia’s complicity in the attacks.

Meanwhile, a 28-page chapter from a 2002 joint congressional intelligence inquiry that might tip the scales of justice in the plaintiffs’ favor remains out of reach, thanks to President Obama’s reluctance to declassify it.

Sean Carter, who represents the families and survivors, told New York’s PIX11 News, “The nature of Saudi support of al Qaeda remains classified at this point…it’s an issue that is featured in a whole range of intelligence documents…there is no real reason for them to be remain classified this many years out.”

Former Senator Bob Graham
Former Senator Bob Graham

The 28 pages detail specific sources of financial support for the hijackers and, according to former Senator Bob Graham, “point a very strong finger at Saudi Arabia as being the principal financier” of the attacks that killed 2,977 people. Graham and many others who’ve read the 28 pages insist there is no national security justification for the secrecy.

Saudi Arabia’s attorneys claim the 9/11 Commission Report exonerated the kingdom, a notion that’s refuted by, among others, commission member Bob Kerrey. In a sworn statement submitted for the suit last year, the former Nebraska senator wrote, “To the contrary, significant questions remain unanswered concerning the possible involvement of Saudi government institutions…and evidence relating to the plausible involvement of possible Saudi government agents in the September 11th attacks has never been fully pursued.”

The debate over the commission’s conclusion may be rendered moot with the release of the 28 pages: Congressman Walter Jones, who is leading the declassification drive in the House of Representatives, told the New Yorker “those 28 pages tell a story that has been completely removed from the 9/11 (Commission) Report.”

Will Judge Daniels “Connect the Dots”?

According to Michael D. Goldhaber, writing for The American Lawyer, Thursday’s courtroom exchanges emphasized a February 2000 meeting at the Saudi consulate in Los Angeles between alleged San Diego-based Saudi agent Omar al Bayoumi and embassy staffer Fahad al Thumairy. Plaintiffs attorneys and many observers point to that meeting as evidence of Saudi ties to the 9/11 plot.

Flight 77 Hijacker Nawaf al-Hazmi
Flight 77 Hijacker Nawaf al Hazmi

Immediately after the meeting, al Bayoumi went to a restaurant where he said he just happened to befriend 9/11 hijackers Nawaf al Hazmi and Khalid al Mihdhar, who had only days earlier arrived in the United States. (According to Graham’s book, “Intelligence Matters,” before leaving San Diego for Los Angeles that day, al Bayoumi told at least one person he was going to pick up visitors.)

Al Bayoumi proceeded to help the two move to San Diego, initially hosting them in his own home. He helped them find an apartment, paid their first two months rent and introduced them to a network of associates that included Anwar al Awlaki, who would become a prominent al Qaeda figure before dying in a U.S. drone strike in 2011.

Al Bayoumi’s wife served as a conduit for cashiers checks routed from a Saudi princess, and al Bayoumi himself received a dramatic, temporary raise at his no-show cover job coinciding with his generous sponsorship of the pair. On 9/11, al Hazmi and al Mihdhar hijacked American Airlines Flight 77, which hit the Pentagon.

Flight 77 Hijacker Khalid al Mihdhar
Flight 77 Hijacker Khalid al Mihdhar

That mountain of circumstantial evidence, however, might not be enough to dissuade Judge Daniels from dropping Saudi Arabia from the suit. According to Goldhaber, Judge Daniels challenged the plaintiffs’ attorneys on exactly what was said at al Bayoumi’s meeting at the Saudi consulate, asking, “What’s the factual basis for you to allege that when al Thumairy met with al Bayoumi he said, ‘Give lodging to the hijackers, assist them and give financial support to the hijackers so that they can carry out the 9/11 attacks?’”

Summing the situation, Goldhaber writes, “The quest for historical truth threatens to founder on the judge’s futile desire for direct knowledge of espionage….This case ain’t going to trial against Saudi unless Judge Daniels is willing to connect the dots. The irony is that Daniels already entered a $6 billion default judgment against Iran on far weaker evidence.” (Indeed, even the word “evidence” seems too generous in the context of that case.)

Judge Daniels said he would render his decision within 90 days.

Heightened Urgency for Declassification Effort

Last summer, President Obama tasked the Office of the Director of National Intelligence (ODNI) to review the 28 pages for potential declassification. With a year passing since that order, and with the clock ticking on Judge Daniels’ self-imposed deadline, citizens, journalists and legislators should all be asking the White House one simple question: What’s taking so long?

Full transcript of July 30, 2015 hearing

Brian McGlinchey is the founder and director of 28Pages.org

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Florida Event Spotlights Signs of Foreign Support of 9/11 Hijackers

Last month, 9/11 parents Loreen and Matt Sellitto hosted an informative event focused on one of the most important yet least-understood aspects of September 11: the extent to which the terrorists received support from foreign governments—and the extent of the government’s knowledge of that support, both before and after the attacks.

Former Senator Bob Graham
Former Senator Bob Graham

Held in Naples, Florida, the November 11 event was called “The Untold Story of 9/11: A Conversation with Bob Graham.” Following opening remarks from host Loreen Sellitto and from Terry Strada of 9/11 Families United for Justice Against Terrorism, the event featured three speakers:

  • Former Senator Bob Graham, the most prominent voice outside government fighting for declassification of the 28 pages.
  • Broward Bulldog editor Dan Christensen, who broke the story of the FBI’s discovery of a 9/11 cell in Sarasota, and who continues working to bring FBI investigation documents into the daylight.
  • Attorney Tom Julin, who is helping the Broward Bulldog in its effort to overcome the government’s stonewalling.

Here, we cover many of the highlights; a full video of the event can be found at the bottom of the page.

Bob Graham on the San Diego Cell

Graham’s remarks centered on the story of Omar al-Bayoumi, a man who, before 9/11, held what Graham called a “ghost job” with a Saudi company in San Diego. Bayoumi, whom the FBI had previously identified as a Saudi agent, helped two 9/11 hijackers establish themselves in the United States.

Bayoumi later claimed that—on the same day he made a two-hour drive to Los Angeles to attend a meeting with the director of religious affairs at the Saudi consulate —he just happened to become acquainted with future 9/11 hijackers Nawaf al-Hazmi and Khalid al-Mihdar in a Middle Eastern restaurant after he overheard them talking Arabic in Saudi accents.

This encounter occurred soon after the pair’s arrival in Los Angeles, which in turn happened just days after they attended a terrorist summit in Malaysia. On the spot, Bayoumi invited the two to move to San Diego, where he furnished them with generous assistance, including the initial payment on an apartment and spending money. Adding to the cluster of coincidences, Bayoumi’s salary soared upon Hazmi and Mihdar’s arrival, while his wife began receiving payments from the Saudi embassy in Washington.

Broward Bulldog Battles Feds Over Sarasota Investigation

Christensen’s quest for answers about foreign sources of support of the 9/11 hijackers began in 2011 with a tip passed to him by Anthony Summers, who, with his wife Robbyn Swan, had just completed their book, “The Eleventh Day.” Summers and Swan had learned about an FBI investigation of a Saudi family with close ties to the Saudi government that suddenly abandoned its upscale home just outside Sarasota about two weeks before 9/11.

Pursuing the lead, Christensen contacted Senator Graham for his insights into the Sarasota cell. Braced for the possibility that Graham would decline comment because of classification restraints, Christensen was stunned to learn that Graham—who had been chairman of the Senate Intelligence Committee and co-chaired the joint Congressional inquiry into 9/11—was unable to comment for an altogether different reason: Graham said the FBI had never told him about its Sarasota investigation.

Broward Bulldog Editor Dan Christensen
Broward Bulldog Editor Dan Christensen

Christensen then inquired with the FBI, which confirmed there had been an investigation, but said it found no connection to 9/11. Next, seeking to learn how they reached that conclusion, he requested the FBI’s investigation documents using the Freedom of Information Act (FOIA), but the FBI said there were no documents matching the request. Finding that completely implausible, in September 2012, Christensen and the Broward Bulldog filed a FOIA lawsuit.

About six months later, the FBI sent Christensen 35 partially redacted pages that contained a bombshell conclusion directly contradicting the government’s earlier denials: The investigation had in fact “revealed many connections” between the Saudi family that fled their home and “individuals associated with the terrorist attacks on 9/11/2001.” (Indeed, investigations showed the home had been called and even visited by future 9/11 hijackers.)

In April 2014, as the Bulldog’s lawsuit progressed, Fort Lauderdale U.S. District Judge William Zloch ordered the FBI to conduct a more thorough search of its files, chiding the government for advancing “nonsensical” legal arguments in its effort to maintain secrecy. Later, he ordered the FBI to turn over more than 80,000 pages from its Tampa office so he could personally review them and reach his own conclusions about the need for secrecy. The judge’s review of that enormous cache is still underway.

In July of 2014, the FBI released a new and intriguing document. This one revealed that, on Halloween in 2001, the Manatee County Sheriff’s Office was called by a citizen who observed a man discarding items in a dumpster behind a rented storage unit in Bradenton, Florida. After interviewing the man, who held a visa from Tunisia, police searched the dumpster and found “a self-printed manual on terrorism and Jihad, a map of the inside of an unnamed airport, a rudimentary last will and testament, a weight to fuel ratio calculation for a Cessna 172 aircraft, flight training information from the Flight Training Center in Venice and printed maps of Publix shopping centers in Tampa Bay.”

Attorney Tom Julin’s Pursuit of the 28 Pages

Attorney Tom Julin
Attorney Tom Julin

Julin, in addition to providing an interesting elaboration on the legal battle to liberate the FBI’s Sarasota files, explained the Broward Bulldog’s attempts to secure the release of the 28-page finding on foreign government support of the 9/11 hijackers found in the 2002 report of the joint Congressional inquiry.

Julin is helping Christensen, Summers and Swan push for the declassification of the 28 pages through a little-known process called Mandatory Declassification Review. Under that process, an agency’s refusal to declassify material can ultimately be appealed to a multi-agency panel that reviews the material and presents a recommendation to the president. The panel is now reviewing the 28 pages. While there’s no deadline, Julin has been told to expect the panel’s recommendation to President Obama sometime this winter.

The first amendment attorney said he was hopeful the panel would take the request seriously, pointing to the fact that “so many Congressmen have said declassification will not harm the national security interest, it will help the national security for the public to know what was Saudi Arabia’s role.”

Many More Questions Remain

Before opening up the discussion to questions from the audience, Graham discussed some of the remaining mysteries around the 9/11 plot. First, noting that 9/11 hijackers had spent significant amounts of time in Paterson, NJ, Falls Church, VA and Palm Beach County, Graham said, “We have been trying to find out, were there investigations similar to what we know took place in Sarasota in those three areas and if so, what result? We have run into exactly the same stone wall.”

Graham also explored the questions of:

  • Why would the Saudis support Islamic terrorists operating in the United States?
  • Why did the Bush administration shield Saudi Arabia by preventing the release of damning material?
  • Why would the Obama administration continue the Bush administration’s “soft treatment” of Saudi Arabia?

In the course of his remarks, Graham briefly discussed two of his books. The first, “Intelligence Matters: The CIA, the FBI, Saudi Arabia and the Failure of America’s War on Terror,” is a non-fiction work, which required advance clearance from the federal government that resulted in many passages being censored. That disappointing experience prompted Graham to do an end-run around government censors by publishing “Keys to the Kingdom,” a work labelled as fiction but which Graham used to write on the topic with greater freedom.

This post shares just some of the many interesting points covered during the event. To learn more, watch the full video below—then send a pre-written letter to Congress urging the release of the 28 pages.