The Biden administration declared Thursday that the high office held by Saudi Arabia's crown prince should shield him from lawsuits for 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 prince's official standing should give him immunity in the lawsuit filed by the fiancée of slain Washington Post columnist Jamal Khashoggi and by the rights group he 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.
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The State Department on Thursday called the administration's decision to try to protect the Saudi crown prince from U.S. courts in Khashoggi's killing “purely a legal determination." 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.
