Though this bill might be good for 9-11 victims families it is also likely to be not only bad but also fatal for many many diplomats and soldiers not here in the U.S. as well. That's why this bill in sympathy for 9-11 families will be so destructive to the lives of American Diplomats or soldiers if they are not here in the U.S. and are on duty overseas. Shame on the Congress for not being more forward thinking in the harm they are creating in the future for our government, diplomats and soldiers worldwide.
begin quote from:
Congress'
vote to override President Obama's veto of the Justice Against Sponsors
of Terrorism Act was both embarrassing and irresponsible. The bill,
known as JASTA, amends the Foreign Sovereign Immunities Act allowing …
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JASTA: Irresponsible And Dangerous
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Congress’ vote
to override President Obama’s veto of the Justice Against Sponsors of
Terrorism Act was both embarrassing and irresponsible. The bill, known
as JASTA, amends the Foreign Sovereign Immunities Act allowing U.S.
citizens to sue foreign governments and entities for damages resulting
from acts of terrorism committed on U.S. soil on or after September 11,
2001.
Clearly
directed at the Government of Saudi Arabia, JASTA has caused enormous
concern and not only in that country. In his veto statement, President
Obama cited three reasons for his strong opposition to the bill.
In the first place, JASTA takes the authority to determine whether a
state has become a sponsor of terrorism away from the federal government
and places it in the hands of local courts which the President noted
could make “consequential decisions... based upon incomplete
information... [about] the culpability of individual foreign governments
and their role in terrorist activities against the United States.”
This, he argued, is “neither an effective nor a coordinated way for us
to respond to indications that a foreign government might have been
behind a terrorist attack”.
The president
went on to note that the U.S. takes its responsibility seriously and
only designates a foreign government of being a state sponsor of
terrorism after “national security, foreign policy, and intelligence
professionals carefully review all available information.” The
implication of his argument is that it is dangerous to take this serious
process out of the hands of the professionals and turn it over to tort
lawyers, juries, and local judges.
The president’s
second concern was that in passing this bill, Congress upends the long
standing principle of foreign sovereign immunity. This, he warned, would
open the door for other governments to pass similar legislation that
would “allow their domestic courts” to hold the U.S. liable for actions
committed by U.S. personnel or “members of an armed group that received
U.S. assistance...or abuses committed by police units that received U.S.
training.” This would put the assets of the United States and the
foreign holdings of American businesses at risk.
Finally, the president noted that JASTA would “create complications in our relationships with even our closest partners” endangering our nation’s ability to seek “their cooperation on key national security issues.”
Finally, the president noted that JASTA would “create complications in our relationships with even our closest partners” endangering our nation’s ability to seek “their cooperation on key national security issues.”
In overriding
the strong case the president made in issuing his veto, Congress acted
in a manner that was irresponsible, dangerous and damaging to the
national interests of the United States. Most disturbing was the fact
that, on the day of the vote, 28 Senators released a letter in which
they acknowledged that the bill was flawed, pledging to “fix” it in the
next term. They understood that they were wrong and still voted to
override the veto.
The problem is
that damage has been done that no “fix” will cure. Not unlike the Dubai
Ports controversy of a decade ago, JASTA has shaken Arab trust in the
United States putting at risk business partnerships and national
security relationships. I have already heard from Arab businessmen who
are saying that they are reconsidering investments in and partnerships
with American businesses. This happened after Dubai Ports and it will
happen once again in the aftermath of JASTA.
While Members
of Congress will argue that they passed JASTA out of concern for the
families of the victims of the 9/11 terror attacks, their motives were
simply not that pure. More to the point, I suspect that they were
motivated by crass opportunism: exploitation of the continued pain of
the families of 9/11 victims, the pervasiveness of anti-Arab sentiment
(with Saudi Arabia being an especially soft target), and electoral
considerations.
In voting to
override Obama’s veto, Congress ignored the fact that there is no
evidence that the government of Saudi Arabia was responsible for the
9/11 terrorist attacks. As the White House spokesperson made clear after
the vote, the U.S. 9/11 Commission Report “concluded that they were not
able to find any evidence that the Saudi government as an institution
or that any senior Saudi government official were knowingly supportive
of the 9/11 plotters.”
That being the
case and that being known by Members of Congress, one might reasonably
ask why they wouldn’t have been honest with the families of the victims —
and their lawyers who were pressing them to act — and warn them of the
dangers and the ultimate disappointment of moving down this path? Was it
because they lacked political courage or was it because in an election
year they took the more expedient path of passing JASTA?
Here’s what
might happen now. The tort lawyers who “represent” the families will try
to shop around for a friendly jurisdiction in which to file their case.
They will hope to make their case before a sympathetic jury, playing on
their sympathies, their fears, and their prejudices. Any decision will
be appealed and at some level will be overturned. Along the way, both
the Saudi government and the families will pay millions in legal fees;
more damage will be done to the U.S.-Arab relationship; and, in the end,
no one will benefit except the lawyers, themselves. The problem is that
the Members of Congress who created this heartbreaking mess for the
families, the United States, and the U.S.-Arab relationship will most
likely not be held accountable or feel responsible for what they have
done.
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