HOUSE_OVERSIGHT_017923.jpg

In re Terrorist Attacks on September 11, 2001, 392 F.Supp.2d 539 (2005) 10 A.L.R. Fed. 2d 789 that it has been designated a terrorist, but claims it does not have the same connections to the United States, bin Laden, and al Qaeda that Defendants Benevolence International Foundation (“BIF”) and Adel A.J. Batterjee had. See Terrorist Attacks I, 349 F.Supp.2d at 823-25 (finding Court had personal jurisdiction over Mr. Batterjee based on his designation as a global terrorist, his role with BIF, another designated terrorist, his *561 leadership of BIF’s United States operations, and his relationship with Osama bin Laden). It also argues that the document that Plaintiffs attribute to Osama bin Laden is similar to the Golden Chain, in that it lacks foundation and authentification. See Terrorist Attacks I, 349 F.Supp.2d at 817 (“The ‘Golden Chain’ is a group of documents that was discovered by Bosnian authorities searching the offices of charity Defendant BIF in March 2002. Plaintiffs claim the ‘Golden Chain’ contains a list of early direct donors to al Qaeda.”) P11 Tn assessing whether Rabita Trust has purposefully directed its activities at the United States under Rule 4(k), the Court is mindful of the executive branch’s designation of it as a SDGT. While the designation is not dispositive on its own, it does warrant some deference. In the realm of foreign affairs, the executive branch has access to “confidential sources of information [and] agents in the form of diplomatic, consular and other officials.” United States v. Curtiss-Wright Corp., 299 U.S. 304, 320, 57 S.Ct. 216, 81 L.Ed. 255 (1936). Entities are designated under Executive Order 13224 if the executive branch determines they are involved in terrorist activities. See Executive Order 13224 Fact Sheet. Courts enjoy great discretion in deciding whether to order jurisdictional discovery before resolving motions to dismiss for lack of personal jurisdiction. See, e.g, APWU v. Potter, 343 F.3d 619, 627 (2d Cir.2003). This Court finds that such discovery would be helpful in assessing whether any of Rabita Trust’s activities were directed at the United States. Accordingly, Rabita Trust’s motions to dismiss the Ashton, Burnett, and Federal complaints are denied without prejudice. C. Wa‘el Jalaidan® 21 The United States Department of Treasury has designated Defendant Jalaidan a terrorist,? frozen his assets, and named him “one of the founders of al Qaeda.” (Ashton Compl. J 304; Burnett Compl. § 255; Federal Compl. §§ 117, 91.) The Treasury Department “characterized [him] as having ‘directed organizations that have provided financial and logistical support to al-Qa-ida, [he] is the logistics chief of bin Laden’s organization and fought on bin Laden’s side in WESTLAW Afghanistan.’ ” (Ashton Compl. J¥ 304, 312, 523-24; Burnett Compl. J 236, 255, 271; Federal Compl. § 117; see also Federal Compl. § 196 (claiming documents found in the Bosnian raid of BIF offices contained a note from Osama bin Laden to Jalaidan regarding al Qaeda’s need for weapons).) Further, Osama bin Laden and his lieutenant, Abu Zubaydah, allegedly “have acknowledged Wa‘el Julaidan as a known associate of their operations. Julaidan has been the head of various non-government organizations providing financial and logistical support to the al-Qa‘ida network.” (Ashton Compl. Jf 304, 312, 341, 484; Burnett Compl. § 236, 255.) Jalaidan was in charge of the MWL in Peshawar, Pakistan and served as the General Director of Rabita Trust. (Ashton Compl. J 304; Burnett Compl. J 236, 255.) He “operated MWL offices that served in the early days of al Qaeda to attract and train holy warriors from around the world for the war in Afghanistan” and has “repeatedly aided and abetted terrorists.” (Ashton Compl. § 304, *362 312; Burnett Compl. | 255.) Jalaidan is also allegedly connected to Defendant SIRC. (Ashton Compl. 4 484; Federal Compl. § 125.) Defendant Jalaidan argues that the allegations against him are simply allegations of guilt by association, and do not include any specificity regarding dates to put his actions in context. He urges the Court to not rely on his designation as a terrorist by the Treasury Department because he did not have an opportunity to rebut it. Plaintiffs do not claim to have served Mr. Jalaidan in the United States under the ATA’s nationwide service provision. Accordingly, Rule 4(k)(2) may provide a basis for personal jurisdiction. There are several federal claims at issue in this litigation and Plaintiffs have not made a prima facie showing that Mr. Jalaidan is subject to personal jurisdiction in New York or any other state. The Court turns to Mr. Jalaidan’s contacts with the United States. In addition to being designated as a global terrorist by the Department of Treasury, Mr. Jalaidan is alleged to be a founder and the logistical chief of al Qaeda, and affiliated with several other charities that are allegedly in al Qaeda’s fundraising network. In light of al Qaeda’s public declarations of war against the United States, someone who is alleged to be a founder, an admitted associate, and a provider of financial and logistical support to al Qaeda, has purposefully directed his activities at the United States such that the exercise of personal jurisdiction over him is reasonable." See Mwani vy. bin Laden, 417 F.3d 1, 14 (C.A.D.C. 2005). HOUSE_OVERSIGHT_017923