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To: Cboldt

Hi, Cboldt. You've done some good research on this matter.

This NewsMax article says what I read some time ago - that Judge Baer confirmed the findings of the trial - that Iraq had involvement in 9/11.

http://freerepublic.com/focus/f-news/1517374/posts


317 posted on 11/07/2005 9:46:35 AM PST by Peach (The Dems enabled Able Danger. 3,000 Americans died.)
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To: Peach
This NewsMax article says what I read some time ago - that Judge Baer confirmed the findings of the trial - that Iraq had involvement in 9/11.

Thanks for the lead. Here are links to earlier FR threads, then links to case materials and my summary of what the cases represent.

Clinton-appointed Manhattan federal judge Harold Baer ordered Hussein and his ousted regime to pay $104 million in damages to the families of George Eric Smith and Timothy Soulas, both killed in the Twin Towers along with 2,790 others. "I conclude that plaintiffs have shown, albeit barely, 'by evidence satisfactory to the court' that Iraq provided material support to bin Laden and al Qaeda," Baer ruled.

http://www.freerepublic.com/focus/f-news/1005579/posts
http://www.freerepublic.com/focus/f-news/1463502/posts

I think the characterization that "plaintiffs HAVE shown" is misleading when taken out of context.


Smith ex rel Smith v Islamic Emirate of Afghanistan 262 F.Supp.2d 217 (S.D.N.Y. 2003)
http://www.thesmokinggun.com/graphics/pdf/iraqop.pdf <-- THE CASE

The judgement was a default judgement, meaning the defendant did not appear. The standard of proof applied in rendering default judgement was whether there was "a legally sufficient evidentiary basis for a reasonable jury to find for plaintiff." Plaintiffs are barred from recovery against the person, Saddam Hussein, based on concerns or reciprocal legal action (in general) being used against a President of the United States.

At page 15 of the opinion, Judge Baer begins the analysis of whether the cause of action is valid under the Flatlow Amendment. Robert James Woolsey, Jr. and DR. Laurie Mylorie were expert witnesses in the hearing.

The ultimate finding of the judge is that a jury COULD find for the plaintiff, based on the expert testimony and inferences relating to circumstantial evidence. The judge did NOT find true, any particular FACT asserted either by the experts or by the plaintiffs.


Memorandum and Order legitimizing "service by publication."
http://www.september11classaction.com/Publication_Complete_Document.pdf
Smith-Soulas v. FRBNY 03 Civ.5658 (Sept. 2003)
http://news.findlaw.com/cnn/docs/iraq/smithfrbny91103opn.pdf
http://www.nysd.uscourts.gov/rulings/03CV5658_091103.pdf

Denying payment to plaintiffs from funds in Special Purpose Account pursuant to the Terrorist Risk Insurance Act (TRIA) and particulalry "blocked assets" acounts belonging to Iraq.


Afghanistan Sues to Escape Liability for 9/11 Damages Award | Sep. 23, 2005
http://news.findlaw.com/andrews/bf/gov/20050923/20050923afghanistan.html

The argument being that the suit against Taliban cannot hold, because Taliban is a government entitled to sovereign immunity.

322 posted on 11/07/2005 10:57:31 AM PST by Cboldt
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