9/11 “cover up” could collapse as Saudi Arabia restored to victims’ lawsuit, says Bob Graham

By Dan Christensen, BrowardBulldog.org towersbridge

With an unusual acknowledgment of a mistake in a high-profile case, a federal appeals court in New York City has restored Saudi Arabia as a defendant in a lawsuit brought by thousands of 9/11 victims, their families and others.

For a decade, the 9/11 plaintiffs have asserted that the desert kingdom bankrolled al Qaeda prior to the 2001 terrorist attacks on New York and Washington. Now, they can once again pursue their claim in court.

The ruling also restores as a defendant the Saudi High Commission for Relief of Bosnia and Herzegovina, a government agency the plaintiffs contend funneled tens of millions of dollars to terrorist fighters across the globe.

Former Florida Senator Bob Graham, who co-chaired Congress’s Joint Inquiry into the attacks, hailed Thursday’s ruling by the Second Circuit Court of Appeals in Manhattan.

“This is a very significant breakthrough that could collapse the dam of cover up which has kept information on the Saudis involvement from the American people,” Graham told BrowardBulldog.org in an exclusive interview.

Saudi Arabia, which has denied the lawsuit’s accusations as “categorically false,” had been dismissed from the sprawling lawsuit in 2005 on grounds of sovereign immunity, despite exceptions to that protection regarding acts of terrorism.

‘ERROR OF LAW’ 

The 16-page order by a three judge appellate court panel is a labyrinth of legal argument. Its essence, however, is that the court’s own conflicting rulings about how to apply the law in different 9/11 lawsuits led to an “error of law” by a lower federal court judge in New York, George B. Daniels, who wrongly let the Saudis off the hook for potentially billions of dollars in civil damages.

The rejuvenated case now goes back to Judge Daniels for further proceedings, the order said.

“We are very happy about the news and cautiously optimistic,” said 9/11 survivor Sharon Premoli, who was pulled from the wreckage of the North Tower.

“The appellate court’s decision is something I feared I would never see in my lifetime,” said Terry Strada, whose husband, Tom, died in the North Tower on 9/11. “Our group, 9/11 Families United for Justice Against Terrorism remains committed in our fight for the truth and justice.  Only then will we be able to protect ourselves from future terrorist attacks and hold those accountable for the death, destruction, pain and suffering inflicted on us 13 years ago.”

saudiarabiamapBut Michael K. Kellogg, a Washington, D.C. attorney who represents Saudi Arabia, called the decision “contrary to settled law.”

“It is extremely unfortunate and burdensome that a sovereign nation and ally of the United States will continue to have to litigate this matter more than 10 years after it was filed. The government of Saudi Arabia will seek further review of this erroneous decision,” Kellogg said.

“It is also important to recognize that the Second Circuit’s decision has nothing to do with the facts of the case and does not find that the plaintiffs’ allegations are meritorious or even plausible.”

The ruling comes amid a parallel push in Congress to pass the Justice Against Sponsors of Terrorism Act (JASTA), which would ensure that victims of terrorism on U.S. soil have the opportunity to hold its foreign sponsors accountable in U.S. courts.

Sen. Charles Schumer, D-NY, introduced JASTA in the Senate in September. Co-sponsors include seven Democrats and five Republicans. An identical bill in the House has similar drawn similar bipartisan support.

When Schumer introduced the bill, he said JASTA was needed “due to flawed court decisions that have deprived victims of terrorism on American soil, including those injured by the terrorist attacks of September 11, 2011, of their day in court.”

‘SUBSTANTIAL EVIDENCE’ OF FUNDING TO AL QAEDA

Previously, Schumer said, “Substantial evidence establishes (the Saudi defendants) had provided funding and sponsorship to al Qaeda without which it could not have carried out the attacks.”

In a related development earlier this month on Capitol Hill, Reps. Walter B. Jones, R-NC and Stephen Lynch, D-Ma introduced a resolution urging President Obama to declassify 28 pages that were withheld from the public by President George W. Bush when Congress issued the Joint Inquiry’s report in late 2002.

The missing pages deal with “specific sources of foreign support” for the 19 hijackers, most of whom were Saudi nationals.

The two congressmen, who recently read the blacked out pages, told the New York Post that they were “absolutely shocked” at the level of foreign state involvement in the attacks that killed nearly 3,000 people.

Former Sen. Graham, who helped write the censored 28 pages, has long championed their release as necessary to the public’s understanding of how the hijackers managed to pull off their murderous plot and who helped to finance it. He says the information should never have been kept hidden because its release poses no threat to national security.

“Without being able to go into details, I can tell you that there are some other channels that are also beginning to move on the 28 pages,” he said Friday. “I feel more optimistic about their release in the near term than I have in a dozen years.”

Meanwhile, Fort Lauderdale U.S. District Judge William Zloch is considering whether to order the FBI to conduct a more thorough search of its records regarding its once-secret investigation of apparent ties between Saudis living in a gated community near Sarasota and the 9/11 hijackers, including ringleader Mohamed Atta.

BrowardBulldog.org disclosed the existence of the investigation two years ago. Sen. Graham and others have said the FBI told neither Congress nor the subsequent 9/11 Commission about its Sarasota probe.

Abdulaziz al-Hijji and his family hastily departed their upscale home, and left the country, about two weeks prior to the terrorist attacks. Authorities summoned by neighbors later found they’d left behind cars, furniture, clothing, food and other personal items.

The FBI has said publicly it found no evidence connecting the al Hijjis to the hijackers or the 9/11 plot.

BrowardBulldog.org filed a Freedom of Information Act lawsuit against the Justice Department and the FBI last year after its requests for records about the matter were denied. The Miami Herald and Sarasota Herald-Tribune have asked the judge to intervene in support of the Bulldog’s efforts.

Last spring, the FBI unexpectedly released 31 pages to the Bulldog that included an April 2002 report that said agents found “many connections” between the al-Hijjis and “individuals associated with the terrorist attacks.”

The FBI heavily redacted the reports, citing national security. Still, they disclose that those connections included a “family member” who “was a flight student at Huffman Aviation” – the Venice Municipal Airport flight school where Atta and co-conspirator Marwan al-Shehhi trained.

Atta piloted the American Airlines jetliner that slammed into the North Tower; al-Shehhi was at the controls of the United Airlines plane that rammed the South Tower.

Bob Graham: FBI hindered Congress’s 9/11 inquiry, withheld reports about Sarasota Saudis

 By Dan Christensen and Anthony Summers, BrowardBulldog.org 

“I am troubled by what appears to me to be a persistent effort by the FBI to conceal from the American people information concerning possible Saudi support of the Sept. 11 attacks" - ex-U.S. Sen. Bob Graham

“I am troubled by what appears to me to be a persistent effort by the FBI to conceal from the American people information concerning possible Saudi support of the Sept. 11 attacks” – ex-U.S. Sen. Bob Graham

Former U.S. Sen. Bob Graham has accused the FBI in court papers of having impeded Congress’s Joint Inquiry into 9/11 by withholding information about a Florida connection to the al-Qaeda attacks that killed nearly 3,000 people.

The information, first reported by BrowardBulldog.org in 2011, includes a recently declassified FBI report that ties a Saudi family who once lived in Sarasota “to individuals associated with the terrorist attacks on 9/11/2001.”

“The FBI’s failure to call (to the Joint Inquiry’s attention) documents finding ‘many connections’ between Saudis living in the United States and individuals associated with the terrorist attack(s)…interfered with the Inquiry’s ability to complete its mission,” said Graham, co-chairman of the Joint Inquiry.

Graham said the FBI kept the 9/11 Commission in the dark, too. He said co-chairmen Thomas Kean and Lee Hamilton and executive director Philip Zelikow all told him they were unaware of the FBI’s Sarasota investigation.

Moreover, Graham stated that Deputy FBI Director Sean Joyce, the Bureau’s second in command, personally intervened to block him from speaking with the special agent-in-charge of the Sarasota investigation.

“I am troubled by what appears to me to be a persistent effort by the FBI to conceal from the American people information concerning possible Saudi support of the Sept. 11 attacks,” Florida’s former governor said.

Deputy FBI Director Sean Joyce, left, with Attorney General Eric Holder

Deputy FBI Director Sean Joyce, left, with Attorney General Eric Holder

Graham’s remarks are contained in a 14-page sworn declaration made in a Freedom of Information lawsuit brought by BrowardBulldog.org in federal court in Fort Lauderdale.

The suit seeks the records of an FBI investigation into Esam Ghazzawi, a former advisor to a senior Saudi Prince – who had he lived was well placed to become king -Ghazzawi’s wife Deborah and son-in-law and daughter Abdulaziz and Anoud al-Hijji.

The Ghazzawis owned the home at 4224 Escondito Circle in the gated-neighborhood of Prestancia where the al-Hijjis lived until about two weeks before 9/11. Their hurried departure – leaving behind cars, furniture and personal effects – prompted neighbors to call the FBI.

News of the subsequent investigation didn’t surface until September 8, 2011 when its existence was disclosed in a story published simultaneously by BrowardBulldog.org and The Miami Herald.

The story reported that a counterterrorism officer, as well as Prestancia’s former administrator Larry Berberich, said that gatehouse logbooks and photographs of license plates showed that vehicles used by the future hijackers had visited the al-Hijji home. Analysis of phone records also linked the hijackers to their house, the counterterrorism officer said.

Sen. Graham told reporters in September 2011 that while Congress had relied on the FBI to provide all of its information about 9/11, he had not been made aware of the Sarasota probe.

After the story broke, the FBI acknowledged its investigation but claimed itfound no evidence to connect the Ghazzawis or the al-Hijjis to the hijackers or the 9/11 plot. Agents maintained, too, that the FBI made all of its 9/11 records available to Congress.

The Freedom of Information lawsuit was filed last September, after the FBI declined to release any records on the matter.

In March, as the case moved toward trial this summer, the Bureau unexpectedly released 31 of 35 pages it said had been located. The partially censored records flatly contradict the FBI’s earlier public comments and state that the Sarasota Saudis had “many connections” to persons allied with the hijackers.

Last month, the Department of Justice asked U.S. District Judge William Zloch to end the lawsuit, citing national security and saying the FBI has identified and released all documents responsive to its Sarasota probe.

But in his declaration, Graham, a former chairman of the Senate Intelligence Committee, said those few pages “do not appear to be the full record of the FBI investigation.” He dismissed the government’s assertion that it lacks further documentation as “entirely implausible.”

“On a matter of this magnitude and significance, my expectation is that the FBI would have hundreds or even thousands of pages of documents,” Graham stated.

As evidence that records continue to be withheld, Graham cited a Sept. 16, 2002 FBI report about Sarasota that he was allowed to see after making inquiries at the FBI. That report should have been released, he said, but was not.

Graham’s declaration, and several by others involved in the case, were filed Friday along with a memorandum by BrowardBulldog.org attorney Thomas Julin asking the judge to deny the government’s request to shut down the lawsuit and to set the case for trial.

Julin is a partner in the Miami law firm of Hunton & Williams.

Dan Christensen is the editor of Broward Bulldog. Anthony Summers is co-author with Robbyn Swan of “The Eleventh Day: The Full Story of 9/11 and Osama bin Laden,” published by Ballantine Books, which was a Finalist for the Pulitzer Prize for History in 2012.

 

 

FBI records say Sarasota Saudis who fled home had “many connections” to individuals tied to 9/11

 

By Dan Christensen and Anthony Summers,
BrowardBulldog.orgsept11

©2013 Broward Bulldog, Inc. 

A Saudi family who “fled” their Sarasota area home weeks before September 11th had “many connections” to “individuals associated with the terrorist attacks on 9/11/2001,” according to newly released FBI records.

The information runs counter to previous FBI statements. It also adds to concern raised by official investigations but never fully explored, that the full truth about Saudi Arabia and the 9/11 attacks has not yet been told.

One partially declassified document, marked “secret,” lists three of those individuals and ties them to the Venice, Florida flight school where suicide hijackers Mohamed Atta and Marwan al-Shehhi trained. Accomplice Ziad Jarrah took flying lessons at another school a block away.

Atta and al-Shehhi were at the controls of the jetliners that slammed into the twin towers of New York’s World Trade Center, killing nearly 3,000 people. Jarrah was the hijack-pilot of United Airlines Flight 93, which crashed in a field in rural Pennsylvania.

The names, addresses and dates of birth of the three individuals tied to the flight school were blanked out before the records were released to BrowardBulldog.org amid ongoing Freedom of Information Act litigation.

National security and other reasons are cited for numerous additional deletions scattered across the 31 released pages. Four more pages were withheld in their entirety.

The records cast new light on one of the remaining unresolved mysteries regarding Florida’s many connections to the 9/11 attacks: what went on before the attacks at 4224 Escondito Circle, the home of Abdulaziz al-Hijji and his family before the attacks.

The documents are the first released by the FBI about its once-secret probe in Sarasota. Information contained in the documents flatly contradicts prior statements by FBI agents in Miami and Tampa who have said the investigation found no evidence connecting the al-Hijjis to the hijackers or the 9/11 plot.

Abdulaziz al-Hijji, right, in Sarasota prior to 9/11 and leaving his London office in 2012  Photo in London by Warren Allot for The Telegraph

Abdulaziz al-Hijji, right, in Sarasota prior to 9/11 and leaving his London office in 2012 Photo in London by Warren Allot for The Telegraph

Former Florida Senator Bob Graham, co-chair of Congress’s Joint Inquiry into the attacks a decade ago, has said the FBI did not disclose the existence of the Sarasota investigation to Congress or the 9/11 Commission.

The records also show for the first time that Graham’s former colleague, Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., queried Attorney General Eric Holder and FBI Director Robert Mueller about the Sarasota investigation six days after its existence was disclosed in a story published simultaneously by BrowardBulldog.org and The Miami Herald on September 8, 2011.

The story told how concerned residents in the gated community of Prestancia tipped the FBI after the attacks to the al-Hijjis’ sudden departure in late August 2001. The family left behind three cars, clothes, furniture, diapers, toys, food and other items.

It also reported that a counterterrorism officer and Prestancia’s former administrator, Larry Berberich, said an analysis of gatehouse security records – log books and snapshots of license tags – had determined that vehicles either driven by or carrying several of the future hijackers had visited the al-Hijji home.

Phone records revealed similar, though indirect, ties to the hijackers, said the counterterrorism officer, who spoke on condition of anonymity.

In contrast, the newly released FBI records include a pair of two-page reports, written in response to the story, that reiterate the bureau’s public position that its investigation turned up nothing.

One report, written on stationery of the Justice Department’s 9/11 prosecution unit, notes “the FBI appears not to have obtained the vehicle entry records of the gated community, given the lack of connection to the hijackers.”

But the counterterrorism source, who has personal knowledge of the matter, called that assertion “not true.”

The Escondito Circle home where al-Hijji lived with his wife, Anoud, and their small children was owned by her parents, Esam and Deborah Ghazzawi. Esam Ghazzawi was an advisor to Prince Fahd bin Salman bin Abdulaziz al Saud, nephew of King Fahd. Prince Fahd, a prominent racehorse owner, died in July 2001 at age 46.

Al-Hijji, who following 9/11 worked for the Saudi oil company Aramco in England, could not be reached by phone or email last week. Aramco staff said there was no longer anyone by that name in the London office.

Last year, al-Hijji told a reporter his family did not depart their Sarasota home in haste but left so he could take a job with Aramco in Saudi Arabia. He denied involvement in the 9/11 plot, which he called “a crime against the USA and all humankind.”

The records as released do not identify al-Hijji or anyone else by name, citing various exemptions that protect persons’ names in law enforcement records. The names are apparent, however, because the documents describe unique, known events and were released in specific response to a request for information about the investigation at the al-Hijji’s residence.

An April 16, 2002 FBI report says “repeated citizen calls” led to an inspection of the home by agents of the Southwest Florida Domestic Security Task Force.

“It was discovered that the [  family name deleted  ] left their residence quickly and suddenly. They left behind valuable items, clothing, jewelry and food in a manner that indicated they fled unexpectedly without prior preparation or knowledge,” the report says.

“Further investigation of the [  name deleted  ] family revealed many connections between the  [  name deleted   ] and individuals associated with the terrorist attacks on 9/11/2001,” the report says. huffman

The report lists three of those individuals. While their identities remain secret, the first person on the list was described as “a [ name deleted ] family member.”

That person and a second individual were said to be flight students at Huffman Aviation – the flight school at the Venice Municipal Airport attended by hijackers Atta and al-Shehhi.

The third person on the list “lived with flight students at Huffman Aviation” and was “arrested numerous times by the Sarasota County Sheriff’s Office,” the report says.

The next paragraph, which ends the report, is blanked out entirely. The document cites two reasons: an Executive Order that allows matters “to be kept secret in the interest of national defense or foreign policy” and the National Security Act, which lets the CIA director exempt his agency’s operational files from the Freedom of Information Act.

FBI Special Agent Gregory Sheffield wrote the April 2002 report, according to the counterterrorism officer. His name is blanked out, too.

A notice on the document indicates the censored information regarding the three individuals associated with the terrorist attacks is scheduled to remain classified for another 25 years – until March 14, 2038.

The FBI released the records as a Freedom of Information lawsuit filed by BrowardBulldog.org inches toward trial this summer in federal court in Fort Lauderdale. The suit was filed in September after the FBI rejected both a request for its investigative records and an appeal of that request.

Thomas Julin, the news site’s attorney, called the FBI’s release of records that it had previously determined to be exempt from disclosure “highly unusual.”

“The government initially took the position that it had no documents. It hasn’t explained why things changed,” said Julin, of Miami’s Hunton & Williams.

Miami Assistant U.S. Attorney Carole Fernandez, who represents the FBI, declined comment.

The released FBI records are in two tiers: reports and other material written in 2001-2002 and memos, letters and email that followed publication of the first story about the matter in September 2011.

A number of pages recount information provided to the FBI by mail carriers and others, including a Sept. 18, 2001 observation that the al-Hijji’s appeared to have “left in a hurry.”

Former Assistant Attorney General Ronald Weich

Former Assistant Attorney General Ronald Weich

A Sept. 25 report talks of bank records that agents had obtained. The report was referred to the counterterrorism division’s Usama Bin Laden Unit/Radical Fundamentalist Unit.

One of the reports written in September 2011, after the existence of the Sarasota investigation was revealed, discusses briefly the unnamed “family member” who took flight lessons at Huffman Aviation.

“[ Name deleted ] was interviewed multiple times after 9/11 and identified Atta and al-Shehhi as individuals [ phrase deleted  ] flight training at Huffman. However, investigation did not reveal any other connection between [ name deleted ] and the hijackers and the 9/11 plot,” the report says.

FBI 302 reports about those interviews were not made public.

Senate Judiciary chair Leahy’s inquiry is disclosed in a declassified Nov. 22, 2011 response letter written by Assistant Attorney General Ronald Weich.

Weich called the FBI’s response to the 9/11 attacks “comprehensive and unprecedented.” He assured Leahy that agents found no evidence of contact between the hijackers and the al-Hijjis.

Similarly, Weich denied Sen. Graham’s assertion that the FBI had not turned over its Sarasota records to Congress. The bureau, he stated, made all of its records available and suggested they may have been overlooked by investigators.

“The FBI is unable to ascertain whether these investigators reviewed records concerning the Sarasota family. The FBI also has not identified any specific requests by the investigators concerning the Sarasota family,” the letter says.

“You can’t ask for what you don’t know exists,” said Graham.

FBI Director Robert Mueller  with wanted poster for Adnan Shukrijumah

FBI Director Robert Mueller with wanted poster for Adnan Shukrijumah

Documents the FBI now has released do not mention other known aspects of the Sarasota investigation, including troubling information provided to the FBI by al-Hijji’s former friend, Wissam Hammoud.

Hammoud, 47, is a federal prisoner classified by the U.S. Bureau of Prisons as an “International Terrorist Associate.” He is serving a 21-year sentence for weapons violations and attempting to kill a federal agent and a witness in a previous case against him.

Florida Department of Law Enforcement documents obtained by BrowardBulldog.org last year state that shortly after his 2004 arrest Hammoud told agents that al-Hijji considered Osama bin Laden a “hero,” may have known some of the hijackers, and once introduced him to fugitive al-Qaeda leader and ex-Miramar resident Adnan Shukrijumah.

When reached last year, al-Hijji acknowledged having known Hammoud well. He did not, however, respond to a question about Hammoud’s allegations and said Shukrijumah’s name did not “ring a bell.”

What the FBI did about Hammoud’s allegations is not known.

Other FBI documents about Sarasota are known to exist, but were not released – including a report Graham says he read last year but can’t discuss because it is classified.

The Bulldog’s FOIA lawsuit asks U.S. District Judge William Zloch to order the FBI to produce all records of its Sarasota investigation, including the records seen by Graham.

Dan Christensen is the editor of Broward Bulldog. Anthony Summers and  Robbyn Swan, who also contributed to this article, are co-authors of “The Eleventh Day: The Full Story of 9/11 and Osama bin Laden,” published by Ballantine Books, which was a Finalist for the Pulitzer Prize for History in 2012.

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