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U.S. District Judge John Bates suggested he was reluctant to
throw out the lawsuit but had no choice given the Biden
administration's decision.
"Despite the Court’s uneasiness, then, with both the
circumstances of bin Salman’s appointment and the credible
allegations of his involvement in Khashoggi’s murder, the United
States has informed the Court that he is immune," Bates wrote in
the 25-page ruling.
In invoking the circumstances of Prince Mohammed's appointment
of head of state, Bates was referring to the fact that it was
only in September that Saudi King Salman named Prince Mohammed
prime minister in a royal decree.
Khashoggi was killed and dismembered in October 2018 by Saudi
agents in the Saudi consulate in Istanbul, an operation which
U.S. intelligence believed was ordered by Prince Mohammed, known
by his initials MbS, who has been the kingdom's de facto ruler
for several years.
The prince has denied ordering Khashoggi's killing but
acknowledged later that it took place "under my watch."
Attorneys for the U.S. Department of Justice said in a November
court filing that the Biden Administration had determined that
Prince Mohammed, "as the sitting head of a foreign government,
enjoys head of state immunity from the jurisdiction of U.S.
courts as a result of that office."
Khashoggi's fiance, Hatice Cengiz, said of the decision at the
time that: "Jamal died again today."
Biden was criticized for fist-bumping the crown prince on a
visit to Saudi Arabia in July to discuss energy and security
issues. The White House said Biden had told Prince Mohammed that
he considered him responsible for Khashoggi's killing.
Khashoggi had criticized the crown prince's policies in
Washington Post columns. He had traveled to the Saudi consulate
in Istanbul to obtain papers he needed to marry Cengiz, a
Turkish citizen.
(Reporting by Dan Whitcomb; Editing by Sandra Maler and Stephen
Coates)
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