NEW YORK CITY — The U.S. Court of Appeals for the Second Circuit heard oral arguments on October 7, 2026, regarding whether a lawsuit by 9/11 victims' families against Saudi Arabia can proceed to trial. Judges Guido Calabresi, William Nardini, and Eunice Lee presided over the hearing to determine if the case should move forward after Saudi Arabia challenged a lower court's decision.

Saudi Arabia appealed an August 2025 ruling by U.S. District Judge George Daniels that allowed the case to proceed toward trial. The Kingdom argues it has immunity from prosecution in U.S. courts as a foreign sovereign state. In August 2025, a U.S. District Court judge denied Saudi Arabia's motion to dismiss the lawsuit brought by 9/11 victims' families, citing reasonable evidence that Saudi government officials provided support for the Sept. 11 hijackers.

Gregory Rapawy, counsel for Saudi Arabia, argued that core factual issues, including the nature of Omar al-Bayoumi's employment, had not been decided and must be resolved before sovereign immunity could be stripped. "The Kingdom of Saudi Arabia has never supported its enemy, Al Qaeda, against its ally, the United States," said Rapawy. Lawyers for Saudi Arabia stated that Saudi Arabia and the U.S. were partners against terrorism in the 1990s.

Gavin Simpson, counsel for the 9/11 families, argued that the District Court had found Omar al-Bayoumi's actions were not those of an innocent participant and that he was following Saudi Arabia's instructions. "He was, in fact, following Saudi Arabia's instructions when assisting the hijackers," said Simpson. The families' attorneys filed a cross-appeal seeking to expand the scope of evidence considered in the case.

Judge William Nardini stated the court would take the case under advisement and issue a ruling at a future date. After arguments concluded, Judge Nardini admonished plaintiffs in the courtroom gallery for applauding. "Please, this is not a moment for such things," said Nardini.

Approximately 100 family members of 9/11 victims attended the hearing. Terry Strada, national chair of 9/11 Families United, commented on the proceedings. "It really was a good day for us," said Strada.

"The judges asked really meaningful questions and hammered the Saudi attorneys and didn’t let up," she said. "They weren’t buying what the Saudis were selling," she said.

The lawsuit alleges that Saudi government employee Omar al-Bayoumi knowingly supported two of the 9/11 hijackers. Evidence made public in August 2026, which was not available to the 9/11 Commission and had only been examined after 2012, shows that Omar al-Bayoumi had links to Saudi government officials in the Ministry of Islamic Affairs. The lawsuit alleges Omar al-Bayoumi worked with a network of officials linked to the Saudi Ministry of Islamic Affairs.

Omar al-Bayoumi helped secure California lodging for two hijackers and hosted a "welcome party" for them. Video footage shows Omar al-Bayoumi at the U.S. Capitol in 1999. Attorneys for the victims contend the footage suggests Omar al-Bayoumi was casing the U.S. Capitol building.

Omar al-Bayoumi has denied knowing the two men were hijackers or having any involvement in the 9/11 attacks. Omar al-Bayoumi left the United States before the 9/11 attacks. The families' attorneys are seeking access to Omar al-Bayoumi's phone records.

Saudi Arabia denies any allegation that it or its officials were complicit in the 9/11 attacks. Tom Strada, Terry Strada's husband, was killed in the World Trade Center attacks. Andrew Friedman, Lisa Friedman's husband, was killed in the 9/11 attacks.

Bruce Eagleson, Brett Eagleson's father, was killed in the 9/11 attacks. Eric Sand, Aaron Sand's father, died in the Twin Towers attacks. Ron Milam, Steve Milam's brother and a U.S. Army Major, was killed at the Pentagon on September 11, 2001.

The Justice Against Sponsors of Terrorism Act (JASTA) was passed by Congress in 2016. JASTA allows civil claims against a foreign state or official for injuries, death, or damages resulting from an act of international terrorism. The lawsuit was first filed in 2002.

Nearly 3,000 people were killed in the September 11, 2001 terrorist attacks. Hijackers seized four U.S. passenger jets and crashed them into the World Trade Center, the Pentagon, and a field in Pennsylvania on September 11, 2001. Fifteen of the 19 hijackers were Saudi nationals.