Allegations that Saudi High Commission and Prince Salman funneled $600M to al‑Qaida and facilitated 9/11 logistics

In re Terrorist Attacks on September 11, 2001, 392 F.Supp.2d 539 (2005) 10 A.L.R. Fed. 2d 789 Countries v. Republic of South Africa, 300 F.3d 230, 241 (2d Cir.2002) (quoting Cargill Int'l SLA. v. M/T PAVEL DYBENKO, 991 F.2d 1012, 1016 (2d Cir.1993)). “Then, the plaintiff ‘has the burden of going forward with evidence showing that, under the exceptions to the FSIA, immunity should not be granted.’ ” Virtual Countries, 300 F.3d at 241 (quoting Cargill, 991 F.2d at 1016); see also Terrorist Attacks [, 349 F.Supp.2d at 792-797 (explaining that the possibly relevant exceptions to immunity in this litigation include the commercial activities, torts, and state sponsor of terrorism exceptions). Determining whether this burden is met involves a ‘review [of] the allegations in the complaint, the undisputed facts, if any, placed before [the court] by the parties, and—if the plaintiff comes forward with sufficient evidence to carry its burden of production on this issue—[resolution of] disputed issues of fact.’ ” Virtual Countries, 300 F.3d at 241 (quoting Robinson, 269 F.3d at 141). Throughout the inquiry, Defendants retain the burden of persuasion, which they must meet by a preponderance of the evidence. Virtual Countries, 300 F.3d at 241; see also Robinson, 269 F.3d at 141 n. 8. A. Allegations Against Defendants Asserting Foreign Sovereign Immunity 1. Saudi High Commission‘ In 1993, then-King Fahad bin Abdulaziz Al—-Saud, the President of the Council of *548 Ministers of Saudi Arabia, decreed the formation of SHC, also known as the Saudi High Relief Commission, by High Order 17419. (Ashton Compl. J 446; Burnett Compl. J 392; Federal Compl. § 180; see also SHC Mem. in Sup. Mot. to Dismiss at 3.) The same High Order named Defendant Prince Salman the President of SHC. (Ashton Compl. J 446; Burnett Compl. J 392; SHC Mem. in Sup. Mot. to Dismiss at 3.) SHC allegedly has contributed $600 million to aid “Bosnian Muslims impoverished by the country’s recent civil war.” (Ashton Compl. J 446; Burnett Compl. J 392.) Plaintiffs claim, however, that SHC does not provide support to the needy but actually diverts funds for terrorist activities. (Ashton Compl. 7 454; Burnett Compl. § 404.) In support, Plaintiffs allege that Prince Salman received a letter in September 2000 from a Bosnian association claiming SHC did not provide charitable assistance, and that none of the money collected after the fall of Srebrenica in July 1995 actually reached the Srebrenican people. (Ashton Compl. J§ 454-55; Burnett Com pl. TF 404-05; Federal Compl. JJ 185, 457.) Plaintiffs claim WESTLAW SHC’s financial records fail to account for $41 million. (Ashton Compl. J 456; Burnett Compl. § 407; Federal Compl. J 460.) SHC allegedly made donations to charity Defendant Taibah and the bin Laden Establishment. (Ashton Compl. JJ 376, 462 (relying on 1995 bin Laden interview); Burnett Compl. J 298.) Plaintiffs also claim that SHC is responsible for “importing the extreme form of Saudi Islam, Wahhabism” to Bosnia. (Ashton Compl. J 447; Burnett Compl. § 393.) The Federal Plaintiffs allege that al Qaeda fighters began entering Bosnia—Herzegovina in 1992 disguised as SHC relief workers. (Federal Compl. J 183.) On October 21, 2001, a group of Algerians who were supposedly part of the al Qaeda network were arrested in Bosnia Herzegovina on charges of terrorism directed at the United States embassy. (Ashton Compl. Jf 448-49; Burnett Compl. J§ 394-95.) One of the arrested, Sabir Lamar, apparently worked for SHC as an Arabic language teacher. (Ashton Compl. J 450; Burnett Compl. J 396.) Also in October 2001, Plaintiffs claim that United States forces raided the Sarajevo branch of SHC and “found computer hard drives with photographs of the World Trade Center before and after its collapse as well as photos of United States embassies in Kenya and Tanzania and the U.S.S. Cole.” (Ashton Compl. J 451; Burnett Compl. J 397; Federal Compl. J § 186, 458.) The U.S. forces also apparently found files on pesticides and crop dusters, the locations of Washington government buildings, fake State Department badges, and cash. (Ashton Compl. Ff 451, 453; Burnett Compl. FF 397, 399; Federal Compl. §§ 186, 459.) After the raid, the Financial Police of the Federation of Bosnia Herzegovina Ministry of Finance analyzed the seized documents and stated that some did “not belong in the scope of work of a humanitarian organization.” (Federal Compl. Ff 187, 459; see also Ashton Compl. § 452; Burnett Compl. J 398.) The Federal Plaintiffs claim that the SHC “has long acted as a fully integrated component of al Qaida’s logistical and financial support infrastructure ... [and that the attacks of September 11 were] a direct, intended and foreseeable product of [its] participation in al Qaida’s jihadist campaign.” (Federal Compl. Jf 182, 189.) *549 2. Prince Salman’ Prince Salman is a member of the Kingdom of Saudi Arabia’s Council of Ministers, the governor of the province of Riyadh, and the President of Defendant SHC. (Prince Salman Mem. in Sup. Mot. to Dismiss at 2.) Plaintiffs allege that Prince Salman provided material support to Osama bin Laden and al Qaeda. (Ashton Compl. J 255; Burnett Compl. § 403; Federal Compl. {f HOUSE_OVERSIGHT_017914