Friday, November 18, 2022

Of course

Doesn't matter who's president, the Saudis have us by the short ones.
The Biden administration has told a US court that Mohammed bin Salman should be granted sovereign immunity in a civil case involving the murder of journalist Jamal Khashoggi, effectively ending a last ditch attempt to hold the Saudi crown prince legally accountable for the 2018 killing.

In a filing released on late on Thursday night, the Biden administration said the crown prince’s recent promotion to the role of prime minister meant that he was “the sitting head of government and, accordingly, immune” from the lawsuit.

  Guardian
Isn't that handy. I hope the DOJ doesn't take the same approach with Trump.
“However, the doctrine of head of state immunity is well established in customary international law and has been consistently recognized in longstanding executive branch practice as a status-based determination that does not reflect a judgment on the underlying conduct at issue in the litigation,” it said.
Oh, but it does reflect exactly that. You can literally get away with murder.
A legal observer close to the matter said it has always been understood that, even though the US government is not a party to the civil claim, its views would be decisive, and that the judge in the matter would very likely proceed with the case or dismiss it depending on the US government’s position.

[...]

Dawn, a pro-democracy advocacy group that was founded by the murdered Washington Post columnist, was a co-plaintiff in the case, which alleged that Prince Mohammed and other Saudi officials acted in a “conspiracy and with premeditation” when Saudi agents kidnapped, bound, drugged, tortured and killed Khashoggi inside the Saudi consulate in Istanbul in 2018.

Sarah Leah Whitson, Dawn’s executive director, issued a scathing rebuke of the administration in the wake of its decision, calling it an “unnecessary, elective action that will serve only to undermine the most important action for accountability for Khashoggi’s heinous murder”.

“It’s beyond ironic that President Biden has single-handedly assured [Mohammed bin Salman] can escape accountability when it was President Biden who promised the American people he would do everything to hold him accountable. Not even the Trump administration did this,” she said.

[...]

One lawyer close to the matter said the decision was “disastrous for accountability, for human rights, for impunity”.

[...]

If the civil case is allowed to proceed – which is unlikely – it would allow Cengiz and Dawn to seek a deposition of the crown prince. If Prince Mohammed lost the case, he could be liable for damages.

“It would mean that any time he comes to the US – if he were to be found guilty – they would be able to serve notice and issue a fine. It would be humiliating and would effectively mean he could not travel to the US again,” said Bruce Riedel, a former CIA analyst and fellow at Brookings.

It is unlikely any of this will now come to pass.

“The pariah is now above the law,” Riedel said.
Aren't they all?

...but hey, do what you want...you will anyway.

No comments: