http://www.philly.com/philly/business/20110520_Court_filings_advance_claim_I
ran_aided_9_11_hijackers.html

 

May. 20, 2011

 


Court filings advance claim Iran aided 9/11 hijackers


By Chris Mondics

Inquirer Staff Writer

Lawyers for seven family members of Philadelphia-area victims of the Sept.
11, 2001, attacks filed new documents Thursday in long-running litigation
that they say provide clear evidence the government of Iran aided the
hijackers.

Included in the court filings are affidavits from 9/11 Commission staff
members alleging that the Iran government directly aided the attack by
facilitating the movement of 9/11 hijacking team members through Iran.

The 9/11 Commission, in its June 16, 2004, report, said that senior al-Qaeda
operatives had long maintained contact with Iranian intelligence officials
and that there was "strong evidence" that Iranian border officials had
facilitated their passage through the country on their way to Afghanistan.
The commission said there was evidence that Iranian government officials had
agreed not to stamp the passports of traveling al-Qaeda operatives.

They would have been barred from the United States had their documents shown
travel in Iran, which the U.S. government had designated as a state
supporter of terrorism. Despite those findings, the commission stopped short
of directly implicating Iran and its proxy in southern Lebanon, the militant
group Hezbollah, long linked with terrorist attacks around the world, in the
attacks.

"Developing evidence of Iran's involvement with al-Qaeda regarding the
events of 9/11 is like putting together a large jigsaw puzzle where many of
the parts are missing and never will be found," said the plaintiffs' lawyer
Thomas E. Mellon Jr. of Doylestown.

But, he added, "over the last nine years, after interviewing dozens of
people, reviewing hundreds of documents, and consulting with many experts in
the field, we have developed a strong evidentiary case of Iran's
involvement."

The lawsuit was filed in 2002 in federal District Court in Manhattan. Among
the plaintiffs are Ellen Saracini of Bucks County, wife of Victor Saracini,
captain of United Flight 175, the second aircraft to hit the World Trade
Center, and Fiona Havlish, formerly of Bucks County and now of Boulder,
Colo., whose husband also died in the attacks.

Mellon cites affidavits from Janice L. Kephart, a former counsel to the 9/11
Commission who focused on the ways the hijackers evaded border security, and
former federal prosecutor Dietrich Snell, also a former 9/11 staff lawyer.

"In sum, it is my expert opinion that there is clear and convincing evidence
that Iran and Hezbollah provided material support to al-Qaeda by actively
facilitating the travel of eight to 10 of the 9/11 hijackers to Iran and
Beirut," Kephart said.

Snell added in a similar statement, "There is clear and convincing evidence
pointing to involvement on the part of Hezbollah and Iran in the 9/11
attack."

Mellon's lawsuit is but one of several against foreign governments alleging
complicity. But others, including a lawsuit filed by the Center City firm
Cozen O'Connor, are much further along, and lawyers in those actions are
obtaining documents from Islamist charities that they assert aided the
attackers with financial and logistical support.

Those suits suffered a setback in June 2009, when the U.S. Supreme Court
declined to hear an appeal of rulings that the Saudi government and Saudi
royal family, named initially as defendants, were immune from terrorism
lawsuits.

For such lawsuits to go forward, the State Department must find that a
foreign government had actively supported terrorist causes, and in the Saudi
case there was no such designation.

The Cozen litigation and other lawsuits that named the Saudis as defendants
are still ongoing because other defendants, including accused terrorism
financiers and Islamist charities, remain as defendants.

The lawsuit filed by Mellon does not face the same hurdles because the State
Department designated Iran a state supporter of terrorism.

But it faces obstacles of its own. Iran's assets were frozen years ago, and
very little remains to collect.

The Congressional Research Service reported in 2008 that U.S. courts had
awarded $19 billion in judgments against foreign governments found to have
supported terrorism. But, it said, "the scarcity of assets within U.S.
jurisdiction . . . has made judgments against terrorist states difficult to
enforce."

Mellon said that while it was not likely that the plaintiffs would be able
to collect anytime soon, there was value in exposing key facts about the
alleged Iranian involvement through litigation.

"When we started this, it was to answer the questions of the families from
the Philadelphia area. That is what motivated us," he said.

 

  _____  

For additional coverage of the lawsuits stemming from the 9/11 terrorist
attacks, go to www.philly.com/cozen

 



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