New York court hears arguments in ongoing 9/11 families’ lawsuit against Saudi Arabia
Bayoumi, who is retired from authorities’ work, has denied knowing the two men were hijackers or that he had any involvement in 9/11. Saudi Arabia has said that any allegation of complicity by the kingdom or its officials in the attacks is categorically false.
The kingdom maintains that, as a foreign sovereign state, it enjoys immunity from prosecution in U.S. courts.
The families, who first filed the suit in 2002, spent several years lobbying Congress to amend the foreign sovereign immunity statute so the case could move forward.
In 2016, Congress passed the Justice Against Sponsors of Terrorism Act (JASTA), which permits civil claims against a foreign government or its officials for injuries, death, or damage resulting from an act of international terrorism.
In August 2025, the Manhattan District Court ruled that the plaintiffs had presented sufficient grounds to satisfy the act’s requirements and allowed the lawsuit to proceed toward trial.
Saudi Arabia on Wednesday asked the Court of Appeals to reverse that decision.
Counsel Gregory Rapawy argued that core evidentiary issues—including the central question of Bayoumi’s employment by the Saudi authorities—remain unresolved and must be settled before any immunity stripping can occur.
Gavin Simpson, counsel for the 9/11 families, contended that the district court had already determined Bayoumi’s actions “were not merely acts of a good Samaritan or an innocent participant.” He added, “He was, in fact, pursuing Saudi Arabia's instructions when assisting the hijackers,” and said those points were ones Saudi Arabia had “failed to rebut.”
The appellate judges appeared to debate whether to remand the case to the district court for additional factual findings, a step that could involve taking testimony from live witnesses.
When Judge Guido Calabresi asked which witnesses Saudi Arabia might call if the matter proceeded, Rapawy responded that if the dispute ultimately hinged on Bayoumi’s credibility, “we would person to see” whether he could be summoned to testify.
As the hearing concluded, Judge William Nardini remarked, “it's a hard case, and we will take it under advisement,” indicating the panel will issue a ruling at a later date.
Outside the courthouse, Terry Strada, whose husband Tom died in the World Trade Center, told the BBC she felt positive about the proceedings. She said, “25 years is an bonzer clip to spell without accountability and justness for the execution of your loved one. What we anticipation is that the judges will uphold [District Court] Judge Daniels' determination and determination to a trial.”