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In a stark contrast to the president’s campaign promises that those responsible would be held accountable, the Biden administration is moving to shield Saudi Crown Prince Mohammed bin Salman from a lawsuit over his role in the brutal killing of U.S.-based journalist Jamal Khashoggi by supporting his claim of legal immunity.
A legal adviser for the State Department notified the Justice Department of its decision Thursday, writing in a letter that « as a sitting head of government » Saudi Arabia’s de facto ruler, who also recently took on the title prime minister and is commonly referred to by his initials MBS, is « immune while in office from the jurisdiction of the United States District Court. »
Though the determination was issued by the State Department, sources said multiple areas of the administration were consulted, including the White House.
A spokesperson for the State Department defended the move, saying it was « purely a legal determination. »
« The U.S. Government’s suggestion of immunity in this case is based on longstanding and well-established principles of common law, including customary international law, which the United States has consistently and across administrations applied to heads of state, heads of government, and foreign ministers while they are in office, » they said. « It speaks to nothing on broader policy or the state of relations. »
The federal suit that prompted the administration’s determination was filed by Khashoggi’s fiancé Hatice Cengiz and the human rights organization he founded before his death, Democracy for the Arab World Now (DAWN).
