“Jamal died again today,” Khashoggi’s fiancée, Hatice Cengiz, tweeted after the US filing late Thursday in her lawsuit.
The US government’s finding of immunity for the Prince Mohammed, sometimes known as MBS, is non-binding, and a judge will ultimately decide whether to grant immunity. But it angered rights activists and risked blowback from Democratic lawmakers.
The State Department on Thursday called the administration’s call to shield the Saudi crown prince from US courts in Khashoggi’s 2018 killing “purely a legal determination.” It cited what it called longstanding precedent.
Despite its recommendation to the court, the State Department said in its filing late Thursday that 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 US 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 Democratic presidential 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.”
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Khashoggi’s fiancée 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 US government imposing punishment on Prince Mohammed himself in the killing of Khashoggi, a resident of the Washington area. Biden, speaking after he authorised 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 US to move against the leader of a strategic partner.
The US 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 recognise MBS’s fake immunity ploy,” Whitson said.
A federal judge in Washington had given the US 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.