Suing the Saudis

Suing the Saudis: House GOP pressed to pass 9/11 bill

The Obama administration and national security officials from both parties staunchly oppose the measure.

By Rachael Bade and John Bresnahan

House Republicans are wrestling with whether to pass legislation that would allow the families of 9/11 victims to sue Saudi Arabia in U.S. courts, according to GOP lawmakers, aides and supporters of the bill.

President Barack Obama and a number of top diplomatic and national security officials from both parties strongly oppose the measure, arguing it would infringe on international sovereignty and undermine the country's critical relationship with Saudi Arabia. The Saudi government is lobbying aggressively against it, and Obama is expected to veto the bill if it reaches his desk.

Yet with Election Day only two months away, pressure is mounting on the House to take up and pass the "Justice Against Sponsors of Terrorism Act," or JASTA, which sailed through the Senate five months ago.

Rep. Peter King (R-N.Y.), one of the leading House supporters, said Speaker Paul Ryan (R-Wis.) has told him that he'd back the bill if Judiciary Committee Chairman Bob Goodlatte (R-Va.) supports it. Goodlatte's aides wouldn't comment on the issue, but King said the Virginia Republican informed him multiple times that he supports the measure.

“Ryan said so long as Goodlatte approves it, he would approve it. And I spoke to Goodlatte, and [Goodlatte] said he approves it and supports it,” King told POLITICO. “There is no reason now for it not to come to a vote. The House Judiciary Committee chairman supports it. It should be over and done. Cut and dry."

King added: "There is no reason for delay. There should be a vote, and there will be a lot of deep anger if it’s not" taken up on the House floor soon.

With the 15th anniversary of the 9/11 attacks approaching on Sunday, a group of victim families is headed to Washington this week to press Ryan to bring the measure to a vote, or verbally commit to doing so. They plan to visit the offices of each member of the House Judiciary Committee, which has jurisdiction over the issue, and some have requested personal meetings with Ryan himself.

The victim families also plan to attend Ryan’s 9/11 remembrance event on the Capitol steps Friday.

“We are demanding accountability for our loved ones,” said Terry Strada of New Jersey, whose husband, Tom, died in the World Trade Center attack. “It is past time for Congress to move forward with this.… Is someone carrying the water for the Saudis?... I’m not sure what the hold-up is.”

Originally introduced by Sen. John Cornyn (R-Texas), the bill would permit civil claims against a foreign state or official for damages from an act of terrorism that occurs inside the United States. It would authorize federal courts to impose liability on a person "who commits, or aids, abets, or conspires to commit, an act of international terrorism against a U.S. national," according to the Congressional Research Service.

The secretary of state could certify that "good faith" negotiations are occurring to resolve the issue and delay any legal action for up to two years.

Obama administration officials believe enacting the legislation would cause serious damage to the critical U.S.-Saudi relationship, and could harm America's relationships with other governments. In addition, opponents fear that other countries would adopt similar policies, potentially exposing the U.S. government to costly lawsuits in foreign courts.

The legislation "shifts authority for a huge component of national security from the politically accountable branches — the president and Congress — to the judiciary, the branch least competent to deal with international matters of life and death and least politically accountable," former U.S. Ambassador to the U.N. John Bolton and former Attorney General Michael Mukasey wrote in a recent Wall Street Journal op-ed. "If citizens believe that presidents are covering up, Congress can act. But to invite unelected, life-tenured judges to interfere in areas constitutionally assigned to the branches charged with making and declaring war is folly in an age of terrorism and weapons of mass destruction."

The bill stems from the belief held by some that the Saudi government was behind the 9/11 attack or linked to it in some manner. Recently released documents from the congressional inquiry into 9/11 state that while they were in the United States, "some of the September 11 hijackers were in contact with, and received support or assistance from, individuals who may be connected to the Saudi Government."

The congressional inquiry also asserted that there were indications "that Saudi Government officials in the United States may have other ties to al-Qa'ida and other terrorist groups," but that information was "speculative and yet to independently verified."

Lawsuits against the Saudi government are prohibited currently because of sovereign immunity, which protects foreign countries and their diplomats from legal action here in the United States.

The Saudis, who have a large number of American lobbyists on its payroll, have mounted an aggressive campaign to defeat the legislation. Top Saudi officials have openly speculated that the kingdom might sell off hundreds of billions of dollars in U.S. Treasury holdings if the bill is enacted.

In private, the Saudis have been briefing lawmakers and staff on their response to the 9/11 Commission report findings. The Saudis have also circulated a "counter-terrorism book" outlining all the steps its government has taken to fight terrorism as well as its support for U.S. efforts.

The families of the 9/11 victims are hoping the looming anniversary will increase pressure on lawmakers to adopt the bill. Strada, who was headed to Washington when she spoke to POLITICO, plans to spend Wednesday and Thursday on Capitol Hill trying to speak with members of Congress and staff. She’ll be joined by the mother of Welles Crowther, an equities trader who saved at least a dozen people before he died when the towers fell.

Strada also said she spoke with Ryan at a Long Island fundraiser for Lee Zeldin (R-N.Y.) last week and that the speaker assured her that he backs the legislation.

“I had the opportunity to ask the speaker if he supports JASTA and he said, ‘Yes… I support it,’” Strada said. She added that Ryan told her "It’s not a matter of if, it’s a matter of when. I’m taking that as a commitment from him.”

Asked to comment on the reported exchange, an aide to Ryan said the speaker responded that the next steps would be committee action.

House Majority Leader Kevin McCarthy (R-Calif.) told reporters on Tuesday that the bill was still in Goodlatte's committee and that it it's up to the Virginia lawmaker to decide when to act.

Asked if the bill would remain before the judiciary panel, McCarthy dodged the question: "Talk to the chairman, see when he schedules a hearing for it to move.”

A spokesman for the committee, however, did not offer a timetable for action.

“We don’t have a comment on the bill at this time,” Michael Woeste said in an email.