Adam Klasfeld+ Your Authors @KlasfeldReports Reporter, @CourthouseNews: NYC+Int’l. RTs=What's it to ya? adam[at]adamklasfeld[dot]com PGP Fingerprint: F427 EE3B 6F05 E5D5 785B 775B 2C74 683C 219D 91DC Apr. 17, 2020 1 min read + Your Authors

A hearing in the 9/11 families' suit vs Saudi Arabia happening now via telephone.

Last time, on March 4, before SDNY largely shut down, the families' attorneys alleged witness tampering by Saudi Arabia and tied the case to Jamal Khashoggi. @CourthouseNews 

Judge Netburn: “We are trying to manage this case the best we can in this new, remote world.”

One challenge:

The 9/11 families have a motion to compel the FBI to produce information pursuant to a subpoena.

The second part of that motion requires the judge to access SDNY’s SCIF (Sensitive Compartmented Information Facility, for accessing classified info).

ICYMI: Three bipartisan U.S. senators, Schumer, Grassley and Blumenthal, urged the Justice Department IG to probe the FBI's actions in this case.

“Any lack of integrity in the FBI’s handling of this subpoena is wholly unacceptable." 

Judge Netburn: "Let me tell you how I'm hoping we can move forward."

She plans to hold a conference, "hopefully" through a "multimedia fashion," that will allow video and allow parties to present exhibits.

She believes they won't be able to convene live again by June or later.

AUSA Sarah Normand said that AG has now asserted the state secrets privilege about info about whether certain individuals were subjects of investigation.

AG Barr submitted his formal assertion of the state secrets privilege in the 9/11 litigation against Saudi Arabia on April 13.

The conference has ended, with the difficulties moving ahead in an age of physical distancing dominating the hearing.

The judge can't access her SCIF.

The government can't access its SCIF.

Video depositions of Saudi witnesses are difficult.

The prior hearing's focus on the witness intimidation allegations and the Khashoggi connection did not come up this time, as the parties navigated more mundane matters of the logistics of conducting civil proceedings in the time of a pandemic.

You can follow @KlasfeldReports.


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