Attorney General Barr Refuses to Release 9/11 Documents to Families of the Victims

by Tim Golden and Sebastian Rotella
ProPublica
Apr. 17, 2020

Months after President Donald Trump promised to open FBI files to help families of the 9/11 victims in a civil lawsuit against the Saudi government, the Justice Department has doubled down on its claim that the information is a state secret.

In a series of filings just before a midnight court deadline on Monday, the attorney general, William Barr; the acting director of national intelligence, Richard Grenell; and other senior officials insisted to a federal judge in the civil case that further disclosures about Saudi connections to the 9/11 plot would imperil national security.

But the administration insisted in court filings that even its justification for that secrecy needed to remain secret. Four statements to the court by FBI and Justice Department officials were filed under seal so they could not be seen by the public. An additional five, including one from the CIA, were shared only with the judge and cannot be read even by the plaintiffs’ lawyers.

Barr insisted to the court that public discussion of the issue “would reveal information that could cause the very harms my assertion of the state secrets privilege is intended to prevent.”

What the various security agencies are trying to hide remains a mystery.

Since the plaintiffs filed their lawsuit in federal district court in New York in 2017, their primary focus has been on the relationship between the hijackers and relatively low-level Saudi officials. Those include at least two Saudis who crossed paths in Southern California with the first two Al Qaeda operatives who were sent to the United States by Osama bin Laden in January 2000.

Yet the broad outlines of the hijackers’ connections to those two Saudi officials — a diplomat at the kingdom’s Los Angeles consulate and a suspected Saudi spy living as an exchange student in San Diego — have been publicly known for years. The FBI shared thousands of pages of its files on the plot with the bipartisan 9/11 Commission, which explored them in its 2004 report.

“The extraordinary lengths that they’re going to here suggest that there must be some deep, dark secret that they’re still trying very hard to hide after almost 20 years,” said a lawyer for the families, Steven Pounian. “But who are they protecting? Something might be a Saudi government secret. But how can these be secrets that still need to be kept from the American people after all this time?”

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