In Delayed 2001 Attacks Case
Fawcett Claim of 5th Amendment After Leaking
Info Disposed of
By Matthew
Russell Lee, Patreon
BBC
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SDNY COURTHOUSE,
Oct 28 –
In ongoing lawsuit "In Re
Terrorist Attacks on September
11, 2001," originally filed in
2003, the COVID 19 pandemic of
2020 continues to cause a
pause, one being used by the
Saudi defendants, it emerged
at a telephone conference with
some 300 attendees on May 21,
2020. Inner City Press covered
it, below.
Jump cut
forward to September 29, 2021
when
U.S.
District Court
for the
Southern
District of
New York
Magistrate
Judge Sarah
Netburn held a
telephone
conference
with Dubai
Islamic Bank
and others,
about experts.
Inner City
Press live
tweeted it, here.
On Thursday
October 29, before a
Monday hearing,
John Fawcett's
right to now
invoke the Fifth
Amendment to
avoid
questions
about his leak
of information
from the case
was taken
up, and
disposed of,
by Judge
Netburn.
Inner City
Press live
tweeted here:
in the
9/11
case
@SDNYLIVE ,
now proceeding
about Fifth
Amendment
claim by
Kreindler
&
Kreindler
consultant
John Fawcett
for allegedly
having leaked
a copy of a
deposition
from the case
against Saudi Arabia.
Fawcett's
lawyer: This
is all about
the Klein
test.
[Klein v.
Harris, 667
F.2d 274, 287
(2d Cir.
1981)]
Here
the Court will
not be relying
on fact that
prejudice a
party. It will
have Mr.
Fawcett's
admission but
not finding a
waiver, which
2d Cir
cautions
against
Fawcett's
lawyer: My
client is
being called
as a witness
against
himself. He
has a right to
say No.
Magistrate
Judge Netburn:
He is standing
by his
incriminating
statement,
right? So the
invocation,
it's for
another crime?
Fawcett's
lawyer: He
hasn't waived
Saudi
Arabia's
lawyer: John
Fawcett signed
a declaration
confessing to
violate this
court's
protective
order. He
can't take it
back and
prevent cross
examination.
Now
Saudi Arabia
cites...
Learned Hand,
for the
proposition
that they
should be able
to question
Fawcett about
how a
journalist got
info on
Saudi's role
in 9/11
attacks.
Inner City
Press
editorial
comment: They
have may of
making you
talk. C.f.
Jamal
Khashoggi
Judge
Netburn: I'm
prepared to
rule from the
bench. Yes,
it's the Klein
case's two
prong test.
And under
that, the
first prong is
satisfied. The
2d, Fawcett
argues this is
different, the
Court may make
a referral to
the US
Attorney.
Fawcett's
lawyer: We
intend to
write to Judge
Daniels this
evening. Would
the court stay
its order?
Judge
Netburn: We
have the
hearing
scheduled for
Monday. Make
your
application
quickly. Maybe
it can be
heard tomorrow.
Adjourned.
From May 21,
2020: U.S. District Court for
the Southern District of New
York Magistrate Judge Sarah
Netburn initially had some
technical issues with her
computer, which she described
as from the era computers were
first invented. But then
things got going.
lawyer is telling
SDNY Mag Judge Netburn that
some Saudi diplomats' immunity
was revoked. Judge says it's
not fair to ask State to
review immunity given 20 years
ago.
Next a defense
lawyer described a case where
a person associated with the
Morocco mission to the UN was
granted diplomatic immunity by
the U.S. State Department in
an email, he says that's
enough.
Turns out
that a man named Awad who on
9/11 worked in "Islamic
Affairs" at the Saudi mission
has suddenly retired the day
after he was listed as a
witness.
Next Saudi Arabia
said they can't make him
testify, he's retired.
It
reached 1:26 pm and the 9/11
case hearing was still going,
with the lawyer for Saudi
Arabia saying his - or his
client's? - integrity is being
besmirched by allegations they
"early retired" people on the
plaintiffs' witness list.
Judge
Netburn said, I don't think
the question is whether the
witnesses are aligned with
Kingdom or adverse to it.
A
plaintiffs' lawyer said, The
case I cited says "or with
adversary."
Judge
Netburn: I think we've
exhausted questions about
former officials. Let's take a
break. And they did. Inner
City Press will continue on
the case.
As Inner City
Press has reported, the SDNY
has moved to 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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