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FOR IMMEDIATE RELEASE: November 17, 2011
SCHUMER INTRODUCES BIPARTISAN BILL ALLOWING 9/11 VICTIMS TO SUE SAUDI ARABIA AND SAUDI CHARITIES FOR ROLE IN SPONSORING 9/11 TERROR ATTACKS
Existing Law Prevents Victims of US Terrorist Attacks From Suing Foreign Sponsors of Terrorism; Courts Have Thrown Out Lawsuits Against Saudis For Perpetrating 9/11 Attacks
Schumer Bill Would Ensure 9/11 Victims Can Seek Justice Against Saudis and Would Deter Individuals and States from Sponsoring Terrorism in the Future
Schumer: Tens Years Later, Victims Deserve the Justice They Are Owed
U.S. Senator Charles E. Schumer today introduced the bipartisan Justice Against Sponsors of Terrorism Act (JASTA) that would change existing law to allow victims of terrorism in the United States to hold foreign sponsors of terrorism accountable in American courts. While existing law was designed to enable victims of terrorism to bring suit against foreign states and entities that sponsor terrorism in the United States, the Second Circuit Court has throw out claims made by victims of the 9/11 terror attacks against Saudi Arabia and charities based in the country, that evidence suggests had a direct role in helping to finance the attacks. Schumer’s bill would modify existing law to ensure that victims have the unequivocal right to sue the Saudi government, or any government against which a claim of terrorism sponsorship can be made. Schumer, joined by Senators Sheldon Whitehouse (D-RI), John Kyl (R-AZ), Orin Hatch (R-UT), John Cornyn (R-TX), and Lindsay Graham (R-SC) introduced JASTA in to ensure justice for victims of 9/11 and other acts of terrorism on US soil and deter states from sponsorship of terrorism in the future.
“No individual or country should be shielded from being held accountable for their role in the most heinous act of terrorism to ever occur in the United States,” said Schumer. “This bill will send a clear message to Saudi Arabia and other sponsors of terror: if you attack the United States, you will be held accountable. It will also allow the families of the victims of the 9/11 attacks to receive some justice for the losses they experienced on that fateful day.”
The Foreign Sovereign Immunities Act (FISA) and the Anti-Terrorism Act (ATA) were designed to allow victims of terrorism to bring suit against foreign states and organizations supported terrorism against the United States. In 2002, survivors of the 9/11 attacks attempted to sue the Kingdom of Saudi Arabia, several Saudi officials, and charities with roles in financing the attacks, under authority granted in FISA and ATA. The Second Circuit threw out the case, however, based on its interpretation that FSIA and ATA did not allow victims and their families to sue foreign sovereign sponsors of terrorism.
Schumer’s bill would make changes to FSIA and the ATA to ensure and clarify that the victims of terrorism in the United States, including victims and their families of the 9/11 terror attacks, can sue foreign sponsors of t terrorism in American courts. The bill would allow 9/11 victims to reinstate their case against the Saudis by restoring Congress’ original intent behind these laws to allow victims of acts of terrorism in the United States to sue foreign states and organizations that gad a role in the attack. Schumer’s bill would also cut off the flow of money to terrorists by serving as a deterrent to would-be state sponsors of terrorism.
The Justice Against Sponsors of Terrorism Act would specifically do the following:
• Restore Congressional intent by making clear that the FSIA’s tort exception applies to acts of terrorism, extrajudicial killing, and torture, in the United States;
• Clarify that the tort exception requires only that the injury occur in the United States, and that FSIA jurisdiction is available for torts carried out in part from abroad that produce foreseeable injury or property damage in the United States;
• Authorize causes of action pursuant to aiding and abetting and conspiracy theories under the ATA;
• Establish a 15 year statute of limitation under the ATA (it is currently 4 years), consistent with the period governing claims under analogous statutes like the TVPA and ATS; and
• Counter judicial second-guessing of Congress’ views regarding the relationship between the sponsorship of terrorism and the conduct of terrorist attacks, by expressly finding that foreign sponsors of terrorist aggression against America necessarily direct their conduct at the United States.
All official press releases from Sen. Chuck Schumer (D-NY)
