New York Appeals Court Reviews 9/11 Families’ Lawsuit Against Saudi Arabia

Bayoumi, now retired from government service, denies that he knew the two individuals were hijackers or that he played any role in the September 11 attacks, and Saudi Arabia maintains that any claim implicating the kingdom or its officials in 9/11 is unequivocally false.

Saudi Arabia contends that, as a foreign sovereign, it enjoys immunity from lawsuits in U.S. courts.

The plaintiffs, who initially filed the suit in 2002, spent years urging Congress to amend the foreign sovereign immunity statute so the case could proceed.

In 2016, Congress enacted the Justice Against Sponsors of Terrorism Act (JASTA), which permits civil actions against foreign states or officials for harm resulting from international terrorism.

In August 2025, the Manhattan District Court determined that the families had supplied sufficient evidence to satisfy JASTA’s requirements, allowing the case to move forward to trial.

On Wednesday, Saudi Arabia appealed to the Court of Appeals to overturn that ruling.

Attorney Gregory Rapawy contended that key factual questions—particularly the nature of Bayoumi’s employment by the Saudi government—remain unresolved and must be settled before Saudi Arabia can lose its immunity.

Lawyer Gavin Simpson for the 9/11 families asserted that the district court had already concluded Bayoumi’s conduct went beyond that of a mere good Samaritan or innocent bystander.

“He was, in fact, acting on Saudi Arabia’s directions when he aided the hijackers,” Simpson said, adding that the kingdom had not countered those assertions.

The judges appeared to consider remanding the case to the district court for further factual determinations, potentially including live witness testimony.

When Judge Guido Calabresi asked which witnesses Saudi Arabia might present if the case were sent back, Rapawy replied that, should Bayoumi’s credibility become the central issue, “we would have to see” whether he could be called to testify.

As the hearing concluded, Judge William Nardini remarked, “It’s a difficult case, and we will take it under advisement,” indicating that the panel will issue a decision at a later time.

Outside the courthouse, Terry Strada, whose husband Tom perished in the World Trade Center, told the BBC she felt encouraged by the proceedings.

“Twenty‑five years without accountability for the loss of a loved one is extraordinary. We hope the judges will affirm Judge Daniels’ ruling and allow the case to proceed to trial.”

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