WASHINGTON—U.S. Senators Chris Murphy (D-Conn.) and Richard Blumenthal (D-Conn.) along with U.S. Representatives Rosa DeLauro (D-Conn.), John Larson (D-Conn.), Jim Himes (D-Conn.), and Jahana Hayes (D-Conn.) sent a letter to Attorney General Merrick Garland calling for the Department of Justice to review previous administrations' assertion of the "state secrets privilege" in response to litigation brought by the families of 9/11 victims. They were joined on the letter by Senators Kirsten Gillibrand (D-N.Y.), Robert Menendez (D-N.J.), Senator Cory Booker (D-N.J.) and Senate Majority Leader Chuck Schumer (D-N.Y.) as well as Representatives Jerrold Nadler (D-N.Y.), Ritchie Torres (D-N.Y.), Nydia Velazquez (D-N.Y.), Adriano Espaillat (D-N.Y.), Grace Meng (D-N.Y.), Carolyn Maloney (D-N.Y.), Tom Malinowski (D-N.J.), Kathleen Rice (D-N.Y.), Mikie Sherrill (D-N.J.), Josh Gottheimer (D-N.J.), Bonnie Watson Coleman (D-N.J.), and Nicole Malliotakis (R-NY).

The letter reads in part: "The 9/11 families—many of whom we have the honor of representing in Congress—have fought relentlessly for nearly twenty years to bring to justice all those associated with the worst terrorist attack on American soil...We understand that the families in this litigation seek documents that they believe would show Saudi Arabia’s complicity in the attacks, as well as information related to Operation Encore, an investigation conducted by the FBI between 2007 and 2016. Like other victims, these families deserve to go to court with all the evidence available to them under a fair application of the law."

The letter can be found here and below.

The Honorable Merrick Garland

Attorney General

U.S. Department of Justice

950 Pennsylvania Avenue, NW

Washington, DC 20530

Dear Attorney General Garland:

We write respectfully to bring to your attention the decision by the Department of Justice, under the previous Administration, to assert the so-called “state secrets privilege” in litigation brought by victims of the terrorist attacks of September 11, 2001. The 9/11 families—many of whom we have the honor of representing in Congress—have fought relentlessly for nearly twenty years to bring to justice all those associated with the worst terrorist attack on American soil.

Your predecessor, on more than one occasion, asserted the “state secrets privilege” in litigation brought by the victims of the 9/11 attacks and their families against the Kingdom of Saudi Arabia. We understand that the families in this litigation seek documents that they believe would show Saudi Arabia’s complicity in the attacks, as well as information related to Operation Encore, an investigation conducted by the FBI between 2007 and 2016. Like other victims, these families deserve to go to court with all the evidence available to them under a fair application of the law.

As you know, one of our principal concerns with the “state secrets” doctrine is that it has no basis in statute; it is entirely judge-made, and it has frequently been asserted to cover up government misconduct. In many instances, courts have given the executive branch the unilateral power to dismiss a case or withhold information from litigants without needing to show any legitimate concern about the national security sensitivity of the information in question. As such, we appreciate you exercising extreme care with regard to any assertion or maintenance of this privilege.

We respectfully request you review past decisions to invoke the state secrets privilege in this case, in light of all the relevant facts and equities of the matter.  Thank you for your prompt consideration of this important matter.

Sincerely,

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