Saudi Defendants Redact
Documents But Will Try CourtConnect In Delayed
2001 Attacks Case
By Matthew
Russell Lee, Patreon
BBC
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SDNY COURTHOUSE,
April 17 –
In ongoing lawsuit "In Re
Terrorist Attacks on September
11, 2001," originally filed in
2003, the COVID 19 pandemic of
2020 has caused a pause, it
emerged at a telephone
conference with some 50
attendees on April 17. Inner
City Press covered it.
U.S.
District Court for the
Southern District of New York
Magistrate Judge Sarah Netburn
had before her, among other
documents many of them sealed
and some entirely withheld
from the public, "Saudi
Arabia's motion for a
protective order."
Judge Netburn said, We
anticipate issuing a decision
on some issues, but for
another I'll have to visit the
SCIF [on the ninth floor of
500 Pearl Street, also used in
the Josh Schulte CIA leaks
case], I won't be able until I
am allowed to go back into the
courthouse, so nothing until
May 15, the current end-date
of the New York shut down.
Judge Netburn continued, Some
of the issues raised in the
February 21 letters I can
address by order without any
more oral argument. Then I'll
schedule a conference,
hopefully through a
multi-media fashion, let's say
for 3 weeks from now, on a
platform with video and
exhibits.
As Inner City
Press has reported, the SDNY
is moving toward video
sentencings, and defense
attorney laptop links to their
clients in the MCC from the
Attorneys Lounge of 500 Pearl
Street.
Of such criminal
cases, Judge Netburn remarked,
something called CourtConnect
is being used. I'm inclined to
use it, since I think the
earliest we could get together
would be mid June and quite
possibly later. Next week
Ramadan begins which would
have delayed depositions
anyway.
One of the
plaintiffs' lawyers Steve
Pounian said, The families are
willing to have a delay
because of this exception
circumstance, in order to get
the depositions they need, in
person. There's language,
demeanor...
Another plaintiffs' lawyers,
Sean Carter, said We have
doubts about Saudi Arabia's
allegations, that they have
diplomatic immunity, that some
people are senior officials.
Pounian followed up: We took a
deposition in March under the
written question procedure.
Now we're going to file a
motion.
Carter resumed, We were told
last week the FBI is looking
for some additional documents.
I don't want to put Sarah
Normand on the spot--
Ms.
Norman confirmed, The FBI is
also slowed. We'd hoped to
have all of the records, but
because of tele-working, and
the documents being on
classified systems, that work
has stopped during the
pandemic.
Judge
Netburn asked, Does the
Kingdom want to be
heard? The
Saudis' lawyer offered, We're
willing to use
CourtConnect.
Judge
Netburn opined, The reviews
are not great.
We'll see:
there may be a video
conference in May,
presumptively public. Inner
City Press notes that in this
case, Docket Item 6122, Motion
for Conference dated April 14,
2020, says "You do not have
permission to view this
document." The case is In Re
Terrorist Attacks on September
11, 2001, 03-md-1570 (Daniels
/ Netburn).
***
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