In Re September

11 LITIGATION 621 F. Supp. 2d 131 (2009)

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Nature of the Case

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Facts

Ds’ defense was one related to proximate cause. Ds wanted to show that the government's failure to apprehend the terrorists and stop the attacks was so considerable that it mitigated and excused any of their alleged faults and that the terrorists likely would have succeeded even if Ds had exercised due care. To this end, Ds requested discovery and evidentiary rulings. They seek to depose FBI agents regarding the government's terrorist investigations of the September 11 attacks. And, they move for specific admissibility rulings regarding portions of the Zacarias Moussaoui trial record, The 9/11 Commission Report and related reports, and a reporter's interview with Ramzi Binalshibh, one of the terrorist leaders. Ds needed this discovery and evidence to show at trial that the government's failure to apprehend the terrorists and stop the attacks was so considerable that it mitigates and excuses any alleged faults of Ds, and that the terrorists likely would have succeeded even if Ds had exercised due care.