Congress has done the unthinkable. US lawmakers overwhelmingly voted to pass the Justice Against Sponsors of Terrorism Act (JASTA) into law to allow 9/11 victims’ families to sue the Saudi government for compensation. The bill was hardly debated and those in favour, among them Hilary Clinton, made little account for US President Obama’s laundry list of objections.
To imagine the gung-ho had the welfare of families in mind is a stretch too far because all families touched by 9/11 have already received whopping payouts from the $7 billion (Dh25.71 billion) September 11th Victim Compensation Fund.
Members of Congress aren’t assessing the big picture and they are not fazed by the possibility of Saudi selling off its $750 billion’s worth of US treasuries and other assets or how the kingdom’s closest allies might respond. Their main concern is how a ‘no’ vote would go down with their rah-rah, flag-waving constituents. This is politics at its most cynical and self-serving.
Obama vetoed its trajectory last Friday, as he had pledged to do. He did so on the grounds that any such law would set a precedent putting US personnel abroad in jeopardy by shattering set-in-stone international norms whereby states are held responsible for the actions of their private citizens and, moreover, cannot be sued in foreign courts under the principle of “foreign sovereign immunity”.
Saudi government officials assert JASTA’s implementation would breach international law, negatively impact cooperation and create an atmosphere of mistrust not only between Washington and Riyadh but also between the US and other countries.
The EU encouraged Obama to use his powers of veto out of concern that some states would pass reciprocal laws affecting its member states. That eventuality weighs heavily on the US leader too.
White House Press Secretary Josh Earnest stressed to the media that “no country has more to lose, in the context of those exceptions, than the United States of America given the preeminent role that we play in global affairs.”
He’s got that right! Just imagine the hundreds of thousands of Afghans, Pakistanis and Iraqis who’ve lost spouses, parents, children and limbs who would have valid claims against the United States and its contractors (mercenaries). And those untold numbers who were abducted for rendition to countries where torture is routinely practised, as well as the inmates of Abu Ghraib and Guantanamo who would be queuing to file suits.
But the bill is far from being dead and buried. Its sponsors are lobbying their colleagues to overturn it requiring a two thirds of the vote. It’s very rare that White House vetoes are over-ridden but could well happen on this occasion given the bill has mega bipartisan support. Obama’s fighting hard to keep his veto in place but not out of any sense of loyalty to one of his country’s oldest and closest Middle East allies. He doesn’t accept the fact that the 9/11 Commission exonerated the kingdom from any involvement in that world-altering day. He’s not battling in Saudi’s corner but is going overboard to flay himself before the campaigning families with protestations of his deepest grief and excuses as to why he can’t lend his support to the bill.
Unfortunately, even if he wins this battle, the fight may be destined to be lost because both presidential candidates back JASTA and once in office would likely withdraw their predecessor’s veto, referred to by Donald Trump as the low point in Obama’s tenure. His rival, Hillary, says she supports holding accountable those responsible for the 9/11 attacks.
What does that mean? Weren’t Osama Bin Laden and his cohorts the real culprits? Was Afghanistan invaded and occupied on false pretexts? Why after 15 years is the Democratic nominee so eager to widen the net? Trump can’t control what comes out of his mouth but she is a consummate diplomat who should know better than to alienate and insult a staunch ally.
America should allow the wounds inflicted by 9/11 to heal. Nothing can change the past. There are new terrorist threats to deal with, which cannot be done effectively unless countries come together in a spirit of cooperation to share intelligence and assets. This unwarranted Congressional attack on Saudi Arabia is self-defeating in every respect.
What the fall-out will be remains to be seen.
— Linda S. Heard is a specialist writer on Middle East affairs. She can be contacted at lheard@gulfnews.com
