Blackrook
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- Jun 20, 2014
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http://www.nytimes.com/2016/04/16/w...allout-if-congress-passes-9-11-bill.html?_r=0
This bill, if passed, would create an exception to the Foreign Sovereign Immunities Act of 1976, which shields foreign sovereigns from litigation in American courts, and legal liability for their actions. Under FSIA, a lawsuit against the Kingdom of Saudi Arabia, or any of it's government representatives or entities, can not be pursued in an American court even if it could be proved they had involvement in the 9/11 conspiracy.
The FSIA was the topic of my law review article when I was a member of the International & Comparative Law Journal at Loyola Law School. This law is the reason the Soviet Union could never be sued in American court for any of it's atrocities. When sued, their typical modus operandi would be that they would not even retain attorneys to appear in court, and the court would dismiss the case based on the FSIA on it's own motion.
Other governments, like Germany sued for Nazi war crimes, would send attorneys and file motions to dismiss under FSIA, and these motions would be quickly granted.
http://iilj.org/courses/documents/princzv.germany.pdf
If this law passes and the government of Saudi Arabia is held liable for 9/11, this will be a major change in how the United States interacts with foreign sovereigns, and would create fear among other nations that have a long history of human rights violations they could be held accountable in American courts. Obama's friends in Iran and Cuba would certainly be on the list of nations thrown in panic if this law passes.
And while this might be fun to watch nations like Iran and Cuba squirm, their inevitable retaliation against American interests would grind the whole thing to a halt. That is why I think Congress is not going to pass this law, and probably shouldn't.
This bill, if passed, would create an exception to the Foreign Sovereign Immunities Act of 1976, which shields foreign sovereigns from litigation in American courts, and legal liability for their actions. Under FSIA, a lawsuit against the Kingdom of Saudi Arabia, or any of it's government representatives or entities, can not be pursued in an American court even if it could be proved they had involvement in the 9/11 conspiracy.
The FSIA was the topic of my law review article when I was a member of the International & Comparative Law Journal at Loyola Law School. This law is the reason the Soviet Union could never be sued in American court for any of it's atrocities. When sued, their typical modus operandi would be that they would not even retain attorneys to appear in court, and the court would dismiss the case based on the FSIA on it's own motion.
Other governments, like Germany sued for Nazi war crimes, would send attorneys and file motions to dismiss under FSIA, and these motions would be quickly granted.
http://iilj.org/courses/documents/princzv.germany.pdf
If this law passes and the government of Saudi Arabia is held liable for 9/11, this will be a major change in how the United States interacts with foreign sovereigns, and would create fear among other nations that have a long history of human rights violations they could be held accountable in American courts. Obama's friends in Iran and Cuba would certainly be on the list of nations thrown in panic if this law passes.
And while this might be fun to watch nations like Iran and Cuba squirm, their inevitable retaliation against American interests would grind the whole thing to a halt. That is why I think Congress is not going to pass this law, and probably shouldn't.