| In Delayed 2001 Attacks Case
Dubai Islamic Bank & Others Want
Bellwether Expert Challenges
By Matthew
Russell Lee, Patreon
BBC
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SDNY COURTHOUSE,
Sept 29 –
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:
Appearing
for Dubai
Islamic Bank
is Jones Day.
Judge Netburn
thanks them
for appearing.
Now:
letter about
challenging
experts. Judge
Netburn
suggests
picking three
a side. [The
docket in this
20 year old
case is so
long it takes
a looong time
to open on
PACER]
Judge
Netburn: There
will be
experts about
funding for
the 9/11
attacks. You
could come up
with 28
categories if
you wanted
to.
Lawyer
from Motley
Rice: I'm not
sure all
plaintiffs'
experts will
be challenged.
Defendants
have 16
experts,
plaintiffs
have only 6.
Lawyer
from Motley
Rice: All of
the
plaintiffs'
experts are
former
government
officials,
already
qualified as
experts.
Aisha
Bembry (for
Int'l Islamic
Relief
Organization)
- We have no
objection to
the your
approach. But
we'd like to
know the
timing.
Peter
Salerno for
Yassin Al
Kadi: One of
the
plaintiff's
experts has
never been
qualified.
[In docket: a
former
employee Essam
Al Khatib is
accused of
extorting Kadi
for EUR
50,000]
Judge
Netburn: I
intend to rule
in next day or
two.
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was revoked.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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