In a highly unusual development that is being welcomed by the family of British 9/11 victim Geoff Campbell, the High Court has ordered a hearing on the preliminary issue of whether the attorney general’s decision to deny the family’s application for a fresh inquest is “justiciable” — i.e., whether it is subject to legal challenge and review by the courts. (Read the order.)
While at first glance this hearing may seem like a procedural obstacle to the family’s goal of opening a fresh inquest, it is actually quite positive. The court could have simply dismissed the Campbells’ case without ruling on the unsettled issue of “justiciability” if it had deemed the case to be without merit (which the court did in a previous case challenging the attorney general’s decision to deny a fresh inquest). Or the court could have ruled on the justiciability issue without a hearing. The fact that it has ordered this hearing implies that the Campbells’ case is strong, both on the justiciability issue and on the substantive matter of whether the attorney general’s decision is lawful.
Furthermore, the case is now being treated as one of “public interest,” with precedent-setting implications on the question of whether attorney general decisions should be reviewable by the courts. The public interest designation will likely result in more attention from the British media and should reduce any costs that the Campbell family will be ordered to pay toward the government’s attorney fees in the event that the family loses.
The preliminary hearing is expected to take place in March or April. Should the Campbell family prevail at the preliminary hearing, their application for permission to seek judicial review would very likely be granted. They would also have a good chance of prevailing at the substantive hearing, which would probably happen later in the year.
Matt Campbell (the brother of Geoff Campbell) and Ted Walter (IC911 executive director) will be sharing more about this encouraging development at a special session of 9/11 WarRoom next Monday, December 16, at 5:00 PM Eastern. It will also be an opportunity to honor Geoff’s memory on what would have been his 55th birthday.
Please join Matt and Ted and 9/11 WarRoom hosts Sandra Jelmi and Gene Laratonda next Monday. And stay tuned for further information in the weeks and months ahead!
