WASHINGTON, Nov 18 (AP): The Biden administration has declared that Saudi Arabia’s crown prince should be considered immune from a lawsuit over his role in the killing of Jamal Khashoggi, a turnaround from Joe Biden’s passionate campaign trail denunciations of Prince Mohammed bin Salman over the brutal slaying.
The administration on Thursday 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 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 has called the administration’s call to shield the Saudi crown prince from US 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 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.