| In 9/11/01 Attacks Case
Hogan Lovells Drops Taliban As Client, Judge
Wants Blinken View
By Matthew
Russell Lee, Patreon
BBC
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SDNY COURTHOUSE,
Nov 10 –
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 28,
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.
The rejection
of Fawcett's
Fifth
Amendment
claims by Magistrate
Judge Netburn
was upheld by
District Judge
George B.
Daniels
on October 29.
On Saturday
October 30,
two days
before the
hearing, Saudi
Arabia
proposed
cutting off
the audio line
and closing
the courtroom
for some or
all of Fawcett's
testimony.
Letter
here.
It is an
outrage:
"counsel for
Saudi Arabia
proposed that
the
courtroom be
closed for any
testimony that
reveals
protected
material, and
counsel for
Fawcett
proposed that,
in order to
avoid
inadvertent
disclosure of
protected
material, the
courtroom
be
closed and the
audio feed be
cut off for
the entirety
of Fawcett’s
testimony,
that
counsel
promptly
review the
transcript and
propose
redactions,
and that the
transcript be
made public
as soon
as practicable
after the
hearing. Saudi
Arabia takes
no position on
whether the
courtroom
should be
closed for the
entirety of
Fawcett’s
testimony. If
the courtroom
is not closed
for the
entirety of
Fawcett’s
testimony, we
request that
counsel and
the witness be
instructed not
to
disclose Saudi
Arabia’s or Al
Jarrah’s
protected
information
without giving
us an
opportunity
to
object and to
request that
the courtroom
be closed for
that specific
part of the
testimony."
On
November 10, the
Hogan Lovells law
firm dropped the
Taliban as a
client. Judge
Netburn held a
proceeding;
Inner City Press
live tweeted
it here:
Now in
9/11/01 case a plaintiff
says despite
Taliban
takeover the
case should go
on against the
Islamic
Republic of
Afghanistan,
for default.
Judge
Netburn: It is
a new country
with a new
name.
Judge
Netburn: I'll
need briefing
on the issue.
When US
administrations
change, the
country
doesn't. But
what's
happened in
Afghanistan
seems
different. The
country's name
has changed,
the
fundamentals
of the country
have changed.
Judge
Netburn: I'm
thinking we
should ask for
the opinion of
the U.S. State
Department,
about the new
government of
Afghanistan.
I'll take all
this under
advisement. We
are adjourned.
Watch
this site.
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."
Judge Netburn has
ruled, in the interim: "ORDER:
On November 1 and 2, 2021,
this Court held an evidentiary
hearing into the breach of the
protective orders in this
litigation. This order governs
subsequent proceedings related
to that hearing. By November
24, 2021, the Kingdom of Saudi
Arabia, the law firm of
Kreindler & Kreindler, and
John Fawcett shall file
proposed findings of fact,
conclusions of law, and any
remedies the parties believe
are appropriate based on that
hearing. Proposed findings of
fact shall be supported with
specific citations to the
record. These filings shall be
made under seal pursuant to
this Order, with access
restricted to the parties. By
December 1, 2021, the
remaining law firms of the
Plaintiffs' Executive
Committees shall file a letter
with the Court stating if they
believe any redactions to the
parties' November 24 filings
are necessary. SO ORDERED.
(Signed by Magistrate Judge
Sarah Netburn on 11/4/2021)."
The case is In Re
Terrorist Attacks on September
11, 2001, 03-md-1570 (Daniels
/ Netburn).
***
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