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SDNY COURTHOUSE, Oct 30 – In ongoing lawsuit "In Re Terrorist Attacks on September 11, 2001," originally filed in 2003, the COVID 19 pandemic of 2020 continues to cause a pause, one being used by the Saudi defendants, it emerged at a telephone conference with some 300 attendees on May 21, 2020. Inner City Press covered it, below.

 Jump cut forward to September 29, 2021 when
U.S. District Court for the Southern District of New York Magistrate Judge Sarah Netburn held a telephone conference with Dubai Islamic Bank and others, about experts. Inner City Press live tweeted it, here.

On Thursday October 28, before a Monday hearing, John Fawcett's right to now invoke the Fifth Amendment to avoid questions about his leak of information from the case was taken up, and disposed of, by Judge Netburn. Inner City Press live tweeted here.  The rejection of Fawcett's Fifth Amendment claims by Magistrate Judge Netburn was upheld by District Judge George B. Daniels on October 29.

On Saturday October 30, two days before the hearing, Saudi Arabia proposed cutting off the audio line and closing the courtroom for some or all of Fawcett's testimony. Letter here. It is an outrage: "counsel for Saudi Arabia proposed that the  courtroom be closed for any testimony that reveals protected material, and counsel for Fawcett  proposed that, in order to avoid inadvertent disclosure of protected material, the courtroom be  closed and the audio feed be cut off for the entirety of Fawcett’s testimony, that counsel  promptly review the transcript and propose redactions, and that the transcript be made public as  soon as practicable after the hearing. Saudi Arabia takes no position on whether the courtroom  should be closed for the entirety of Fawcett’s testimony. If the courtroom is not closed for the  entirety of Fawcett’s testimony, we request that counsel and the witness be instructed not to  disclose Saudi Arabia’s or Al Jarrah’s protected information without giving us an opportunity to  object and to request that the courtroom be closed for that specific part of the testimony." Watch this site.

On October 29, District Judge George B. Daniels heard argument then upheld Magistrate Judge Netburn and rejected the invocation of the Fifth Amendment. Inner City Press live tweeted here:

OK - in the 9/11 case  @SDNYLIVE , now 2d proceeding in 2 day about 5th Amendment claim by Kreindler & Kreindler's John Fawcett for allegedly having leaked a copy of a deposition from the case against Saudi Arabia.

 Yesterday Magistrate Judge Netburn shot down Fawcett's use of Fifth Amendment at Monday's hearing, here. 

But they've gotten a quick re-hearing before District Judge George B. Daniels. He asks about the Klein test.

Fawcett's lawyer: Now that the Court is considering a criminal referral, there are new grounds for apprehension.

Judge Daniels: If there were no new grounds, would he have any basis to not testify? Fawcett's lawyer: Yes, the first - Judge: I read the transcript.

 Judge Daniels: Didn't he already understand that if he violated the court order and admitted to it, he might face criminal contempt?

Fawcett's lawyer: He's a non-lawyer. Judge Daniels: I'm supposed to assume that when he submitted the 2d affidavit he didn't know?

 Judge Daniels: It's like a Perry Mason moment - he breaks down and confesses, then says, Perry Mason can't ask me any more question while I'm on the stand.

 Judge Daniels says again and again Fawcett can't invoke the Fifth. Annoying beeping on the line.

Judge Daniels: I believe Magistrate Judge Netburn was right in denying the invocation of the Fifth Amendment by Mr. Fawcett

Inner City Press notes that in this case, Docket Item 6122, Motion for Conference dated April 14, 2020, says "You do not have permission to view this document." The case is In Re Terrorist Attacks on September 11, 2001, 03-md-1570 (Daniels / Netburn).

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