In a filing released late Thursday night, the Biden administration said the crown prince’s recent promotion to the role of prime minister meant he was “the acting head of government and therefore immune” from the lawsuit. “The United States government has expressed serious concerns about the horrific killing of Jamal Khashoggi and has expressed those concerns publicly and at the highest levels of the Saudi government,” the Justice Department said in its filing, adding that the U.S. had also imposed financial sanctions. and visa restrictions related to the murder. “However, the doctrine of head-of-state immunity is well established in customary international law and has been consistently recognized in long-standing executive practice as a status-based determination that does not reflect a judgment about the underlying conduct at issue in the litigation.” he said. The government’s filing included an attached letter from Richard Visek, acting legal adviser to the US State Department, directing the Justice Department to submit an “immunity motion” to the court. Legal experts say the US government’s position, filed in a US district court, will likely lead Judge John Bates to dismiss a civil case brought against Prince Mohammed and his alleged accomplices by Hatice Genghis, the outspoken fiancee of Khashoggi. Dawn, a pro-democracy group founded by the slain Washington Post columnist, was a co-defendant in the case, which alleged that Prince Mohammed and other Saudi officials acted in “conspiracy and premeditation” when Saudi agents kidnapped, bound, drugged , tortured and killed Khashoggi inside the Saudi Arabian consulate in Istanbul in 2018. Sarah Leah Whitson, Dawn’s executive director, issued a scathing rebuke to the government after its decision, calling it “an unnecessary, selective action that will only serve to undermine the most important action to bring accountability for Khashoggi’s horrific murder.” . “It’s beyond ironic that President Biden has asserted himself [Mohammed bin Salman] he can escape accountability when it was President Biden who promised the American people that he would do everything to hold him accountable. Not even the Trump administration did that,” he said. In June, Bates called on the Biden administration to consider whether it believed Prince Mohammed should have sovereign immunity on the matter, and agreed to give the US government two extensions before requiring it to submit its views by November 17. A legal observer close to the matter said it had always been understood that, although the US government is not a party to the civil claim, its views would be decisive and that the judge in the matter would likely proceed with the case or dismiss it depending on the position of the US government. The Biden administration’s decision — which will effectively snuff out Genghis’ last hope for justice — will likely be met with sharp criticism from Democratic lawmakers on Capitol Hill, who have pushed the administration to take a tougher stance on its Middle Eastern partner. A lawyer close to the matter said the decision was “devastating for accountability, for human rights, for impunity”. The legal ruling also makes clear that US President Joe Biden has completely abandoned a campaign promise to hold Prince Mohammed accountable for Khashoggi’s murder. It raises questions about Biden’s public remarks last month in which he said Saudi Arabia would face “consequences” for leading an OPEC+ decision to cut oil production, a move seen by the US administration as of Russia for the interests of American allies. . People familiar with the matter said the decision came after a “long discussion” at the highest levels of the White House, with some senior US officials saying it would be difficult to defend the Biden administration’s claim that human rights are at the center . her foreign policy while at the same time allowing “MBS”, as the crown prince is known, to avoid responsibility for his alleged role in the assassination. Cengiz’s lawyers argued that she turned to US courts for help because no other forum – including her native Turkey – had a judiciary independent enough to fairly hear her complaint. Prince Mohammed has denied any personal involvement in Khashoggi’s murder. It had been clear since June that the future of the case hinged on whether in the eyes of the US government Prince Mohammed – widely seen as the de facto leader of Saudi Arabia – was considered a sovereign, such as a president or a king, since in most cases sovereigns considered immune from US lawsuits. When Biden first entered the White House, he refused to communicate directly with Prince Mohammed. His press secretary repeatedly maintained at the time that the prince – though considered the de facto leader of Saudi Arabia – was not Biden’s counterpart. At the same time, US intelligence agencies released an unclassified report that said Prince Mohammed likely ordered Khashoggi’s assassination. The president’s stance changed last summer when he visited Jeddah and met with the crown prince, punching the crown prince. The question of whether the prince was indeed sovereign became more complicated in September when King Salman declared that Prince Mohammed would be elevated to the position of prime minister. The decision, which was made public just days before the US government was due to review the Cengiz case, was seen by human rights advocates as a ploy to avoid accountability for the Khashoggi murder. If the civil case is allowed to proceed – which is unlikely – it will allow Cengiz and Dawn to seek the heir’s deposition. If Prince Mohammed were to lose the case, he could be liable for damages. “It would mean that every time he comes to the US – if he’s found guilty – they could be notified and fined. It would be humiliating and would essentially mean he couldn’t travel to the US again,” said Bruce Riedel, a former CIA analyst and Brookings fellow. It is unlikely that any of this will happen now. “The pariah is now above the law,” Riddell said.
