The Biden administration declared Thursday that Saudi Arabia’s crown prince should be considered immune from a lawsuit over his role in the killing of a U.S.-based journalist, a turnaround from Joe Biden’s passionate campaign trail denunciations of Prince Mohammed bin Salman over the brutal slaying.
The administration said the senior position of the crown prince, Saudi Arabia’s de facto ruler and recently named prime minister as well, should shield him against a suit brought by the fiancée of slain Washington Post columnist Jamal Khashoggi and by the rights group Khashoggi founded, Democracy for the Arab World Now.
The request is non-binding and a judge will ultimately decide whether to grant immunity. But it is bound to anger human rights activists and many U.S. lawmakers, coming as Saudi Arabia has stepped up imprisonment and other retaliation against peaceful critics at home and abroad and has cut oil production, a move seen as undercutting efforts by the U.S. and its allies to punish Russia for its war against Ukraine.
The State Department on Thursday called the administration’s call to shield the Saudi crown prince from U.S. courts in Khashoggi’s killing “purely a legal determination.”
The State Department cited what it said was longstanding precedent. Despite its recommendation to the court, the State Department said in its filing late Thursday, it “takes no view on the merits of the present suit and reiterates its unequivocal condemnation of the heinous murder of Jamal Khashoggi.”
Saudi officials killed Khashoggi at the Saudi consulate in Istanbul. They are believed to have dismembered him, although his remains have never been found. The U.S. intelligence community concluded Saudi Arabia’s crown prince had approved the killing of the widely known and respected journalist, who had written critically of Prince Mohammed’s harsh ways of silencing of those he considered rivals or critics.
The Biden administration statement Thursday noted visa restrictions and other penalties that it had meted out to lower-ranking Saudi officials in the death.
“From the earliest days of this Administration, the United States Government has expressed its grave concerns regarding Saudi agents’ responsibility for Jamal Khashoggi’s murder,” the State Department said. Its statement did not mention the crown prince’s own alleged role.
Biden as a candidate vowed to make a “pariah” out of Saudi rulers over the 2018 killing of Khashoggi.
“I think it was a flat-out murder,” Biden said in a 2019 CNN town hall, as a candidate. “And I think we should have nailed it as that. I publicly said at the time we should treat it that way and there should be consequences relating to how we deal with those — that power.”
But Biden as president has sought to ease tensions with the kingdom, including bumping fists with Prince Mohammed on a July trip to the kingdom, as the U.S. works to persuade Saudi Arabia to undo a series of cuts in oil production.
Khashoggi’s fiancee, Hatice Cengiz, and DAWN sued the crown prince, his top aides and others in Washington federal court over their alleged roles in Khashoggi’s killing. Saudi Arabia says the prince had no direct role in the slaying.
“It’s beyond ironic that President Biden has singlehandedly assured MBS can escape accountability when it was President Biden who promised the American people he would do everything to hold him accountable,” the head of DAWN, Sarah Leah Whitson, said in a statement, using the prince’s acronym.
Biden in February 2021 had ruled out the U.S. government imposing punishment on Prince Mohammed himself in the killing of Khashoggi, a resident of the Washington area. Biden, speaking after he authorized release of a declassified version of the intelligence community’s findings on Prince Mohammed’s role in the killing, argued at the time there was no precedent for the U.S. to move against the leader of a strategic partner.
The U.S. military long has safeguarded Saudi Arabia from external enemies, in exchange for Saudi Arabia keeping global oil markets afloat.
“It’s impossible to read the Biden administration’s move today as anything more than a capitulation to Saudi pressure tactics, including slashing oil output to twist our arms to recognize MBS’s fake immunity ploy,” Whitson said.
A federal judge in Washington had given the U.S. government until midnight Thursday to express an opinion on the claim by the crown prince’s lawyers that Prince Mohammed’s high official standing renders him legally immune in the case.
The Biden administration also had the option of not stating an opinion either way.
Sovereign immunity, a concept rooted in international law, holds that states and their officials are protected from some legal proceedings in other foreign states’ domestic courts.
Upholding the concept of “sovereign immunity” helps ensure that American leaders in turn don’t have to worry about being hauled into foreign courts to face lawsuits in other countries, the State Department said.
Human rights advocates had argued that the Biden administration would embolden Prince Mohammed and other authoritarian leaders around the world in more rights abuses if it supported the crown prince’s claim that his high office shielded him from prosecution.
Prince Mohammed serves as Saudi Arabia’s de facto ruler in the stead of his aged father, King Salman. The Saudi king in September also temporarily transferred his title of prime minister — a title normally held by the Saudi monarch — to Prince Mohammed. Critics called it a bid to strengthen Mohammed’s immunity claim.
“immunity” is a legal term referring to immunity from criminal prosecution, and is governed by statutes and treaties. If Biden ignore statutes and treaties, he will lose in the courts.
“pariah” is a political term, and as is true when talking about politicians, firmly held beliefs are inherently changed when political conditions change (as in, the US needs Saudi support).
1. The killing is none of the business of any USA court. It did not happen in the USA, nobody involved had any connection to the USA, so what right does a US court have to stick its nose in?
2. This woman’s claim to have been engaged to become his second or third wife is very dubious, and should not give her standing to sue. At the time of his death nobody in his family or hers knew about this purported engagement.
3. Kashoggi was a Moslem Brotherhood operative. By definition that means he needed killing. The Brotherhood is an enemy of the Kingdom of Saudi Arabia, and Saudi Arabia is not an enlightened democracy. It takes care of its enemies the old-fashioned way, and it’s none of our business to tell it otherwise. The bottom line is that the world has one terrorist less in it, which is a good thing.
4. The fact that he wrote some columns for the Washington Post should not change any of that. Being a writer should not give one any more privilege than being a carpenter or a telephone sanitizer. We must firmly reject the news industry’s attempt to puff itself up and pretend it has some constitutional role in the USA. It doesn’t, and it is not entitled to any legal privileges or immunities.
This demented Alzheimer diseased treasonous America hating DemonRat, has the morals and brains of a rabies infected sewer rat.
And my apologies to rats
Mulhouse !! You hit the nail on the head, I couldn’t have said it any better.
You are 1000% right.
US is bought and payed for by Arab oil!
Did you expect anything else?
New Definition in dictionary for murderres
maybe hunter lined up some business in Saudi Arabia?
Should have read Milhouse! Sorry about that
So Biden/Gillibrands political tool FBI illegally enters Israel to condemn the IDF but Biden/Gillibrand won’t allow the FBI political tool to enter Saudi Arabia to investigate the assassination of Jamal Khashoggi.
Saudi Prince Immune to Prosecution But your son Hunter & you sleepy joe must definitely NOT immune to prosecution in our B’H new Republican Congress
Khashoggi was רשע and big שונאי ישראל