Opinion

Let courts decide Saudi role in 9/11

Smoke rising from the burning twin towers of the World Trade Center on Sept. 11, 2001, after hijacked planes crashed into the towers, in New York City. A bill in Congress would allow family members of those who died in the attacks to sue Saudi Arabia for its alleged role. Its role is a matter of dispute. less Smoke rising from the burning twin towers of the World Trade Center on Sept. 11, 2001, after hijacked planes crashed into the towers, in New York City. A bill in Congress would allow family members of those who ... more Photo: Richard Drew /Associated Press Photo: Richard Drew /Associated Press Image 1 of / 1 Caption Close Let courts decide Saudi role in 9/11 1 / 1 Back to Gallery

Texas GOP Sen. John Cornyn and New York Democratic Sen. Charles Schumer have introduced a bill that would allow Americans whose family members died in the 9/11 attacks to sue Saudi Arabia for its alleged role.

Precisely what its role was is a matter of some dispute, but U.S. courts are quite accustomed to sorting out such conflicts in pursuit of justice. The bill, passed by the Senate Judiciary Committee, should be approved.

A congressional inquiry into the attacks concluded that no senior Saudi officials or the Saudi government as an institution were involved. But the U.S. government has kept pages from this report and other intelligence secret. They are said to be inconclusive and unvetted.

President Barack Obama, who visited Saudi Arabia on a fence-mending visit recently, has said he hoped the classified material would be released soon.

Meanwhile, the administration opposes the Cornyn/Schumer bill on the grounds that it could lead to the United States being sued overseas for its actions and because it threatens relations with a key ally.

Generally, foreign governments are immune from actions in U.S. courts. This is spelled out in the Foreign Sovereign Immunities Act of 1976, amended a bit by other congressional action in 2008.

But the immunity is not absolute. The key, we suspect, will depend on precisely what can be proven about the Saudi role and what constitutes a “tortious” act. Most of the 19 hijackers involved in the attacks were Saudi nationals. And while, officially, no investigation has found the Saudi government complicit, the families of 9/11 victims say this still leaves less senior officials and doesn’t totally foreclose on a government role.

The Saudis have said if the bill is passed they will be forced to sell some $750 billion in U.S. assets, mostly Treasury securities. But experts say this will hurt the Saudis more than roil U.S. financial markets.

We find it incongruous that the Obama administration argues that U.S. courts are perfectly capable of trying foreign terrorists but that these courts are not capable of determining if sovereignty protects the Saudi government.

Declassify the intelligence and approve this bill. It’s a matter of accountability — the kind that can’t be exacted through diplomacy.