06-2228-cv
IN THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT ---------------------------------------------
RACHEL EHRENFELD,
Plaintiff-Appellant ,
v.
KHALID SALIM A BIN MAHFOUZ,
Defendant-Appellee. ---------------------------------------------
On Appeal from the United States District Court
for the Southern District of New York
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Statement of 9/11 Families for a Secure America
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IN SUPPORT OF PLAINTIFF-APPELLANT FOR REVERSAL OF THE DISTRICT COURT
9/11 Families for a Secure America Board of Directors
Bruce DeCell, NYPD (Retired), Father in law of Mark Petrocelli, age 29
Bill Doyle, Father of Joseph, age 24, WTC North Tower ,
Lynn Faulkner, Husband of Wendy, WTC South Tower
Peter & Jan Gadiel, Parents of James, age 23, WTC, North Tower 103rd Floor
Grace Godshalk, Mother of William R. Godshalk, age 35, WTC South Tower 89th floor
Joan Molinaro, Mother of Firefighter Carl Molinaro
Will Sekzer, Det. Sgt (ret'd) NYPD, Father of Jason Sekzer, age 31, WTC North Tower 105th floor
9/11 Families for a Secure America (9/11FSA) is a non-stock, not for profit corporation granted 501(c) 4 status by the Internal Revenue Service. Membership in 9/11 FSA is open only to family members of those murdered in the terrorist attacks of September 11, 2001, and those exposed to toxic substances in the aftermath, including survivors of the attacks and first responders.
The members of 9/11 FSA, as direct victims of the terrorist attacks of September 11, 2001, have therefore have a special interest in the uncovering of all those individuals and organizations which played a role, either directly or indirectly, in the conspiracy which led to the mass murders of that day. It is for this reason we support the position of the plaintiff Ehrenfeld.
A decision for the defendant would severely inhibit and perhaps put an end to further investigation into the involvement of persons of wealth or influence who participated in some fashion in the 9/11 plot. Were the defendant to prevail responsible individuals would be far less likely to undertake the research that is essential if all questions about the events of that day are to be answered.
Many facts about the 9/11 conspiracy are beyond dispute and among them are these:
Individuals of Saudi Arabian nationality were among those who actually carried out the hijackings and murders on September 11.
Many of the "masterminds" who originated the plot, directed the planning of the attacks, and who comprise much of the leadership of the terrorist organizations involved are Saudi nationals. These Saudi terrorist leaders maintain operational control over terrorist acts of the organizations they head, and in addition are responsible for raising funds to pay for their activities.
The members of these terrorist organizations are believers in radical Islam which advocates the persecution and murder of non-moslems. One of the most extreme sects of radical Islam is that which is known as "Wahabism." Many members of the terrorist groups responsible for the 9/11 attacks are either members or sympathizers of Wahabist cells.
Some members of the Saudi government and members of the Saudi royal family (essentially one and the same) and other wealthy Saudis are members of this sect. Despite claims by the Saudis that that they are allies of the United States the Saudi royals, government and associates have supported the spreading of Wahabism through financial support of Wahabist schools and ‘holy men' in the West.
That financial links exist between members of the Saudi government and its ruling class to groups intent on the murder of Americans has been demonstrated by the 9/11 Commission and private researchers.
FBI Director Robert Mueller has told 9/11 family members that he "is not here to point fingers," thus indicating that the chief investigative agency of the United States government is not interested in finding all the facts of the 9/11 mass murders.
9/11 family members and members of the public have expressed on numerous occasions that they lack faith in the desire of the members of the 9/11 Commission to fully expose involvement of officials of various governments in the 9/11 plot.
Given these facts it to would be a clear threat to the people of the United States if responsible private individuals lacking governmental immunity were discouraged from pursuing and publishing information that might lead to exposure of individuals involved, whose positions of wealth or power might enable them to intimidate private researchers.
Should defendant bin Mahfouz obtain a favorable judgment, publication of research into 9/11 will be the subject of severe self-censorship. The American people and the 9/11 families have heard repeatedly how segments of the US government did not "connect the dots" prior to 9/11, "dots" which, had they been connected would have led to conclusions and knowledge that would have thwarted the September 11 plot prior to its execution. Had that occurred our 3000 loved ones would still be alive and those of our members facing illness and death from exposure to airborne toxins would not have been exposed.
A decision for defendant bin Mahfouz will mean that in the future, the "dots," and the individuals and terrorist organizations represented by those dots will be free to exploit the legal systems of nations around the world and through them the courts of the United States, to intimidate those who would find the facts.
In short, a decision for defendant bin Mahfouz will help secure participants in the 9/11 plot and future plots from exposure.
CONCLUSION
For these reasons, 9/11 Families for a Secure America respectfully request that this Court reverse the decision of the district court.
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Peter Gadiel, President, 9/11 Families for a Secure America
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Bruce DeCell, Vice-President, 9/11 Families for a Secure America