[Congressional Record Volume 165, Number 119 (Tuesday, July 16, 2019)]
[Senate]
[Pages S4844-S4845]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Death of Jamal Khashoggi
Mr. LEAHY. Madam President, the U.N. Special Rapporteur on
extrajudicial, summary or arbitrary killings, Ms. Agnes Callamard,
recently released her report on the murder of Jamal Khashoggi after a
6-month investigation. I encourage everyone to read the report, and I
want to share several of her findings.
First, Mr. Khashoggi was murdered and dismembered inside the Saudi
consulate in Istanbul. It was an extrajudicial killing that violated
numerous international laws, and for which the Government of Saudi
Arabia is responsible.
Second, there is credible evidence warranting further investigation
of the
[[Page S4845]]
liability of high-level Saudi officials, especially the Crown Prince.
Third, once Turkey publicly announced Mr. Khashoggi's murder, the
Saudi Government used consular immunity to obstruct Turkey's
investigation until the crime scene could be cleaned, and there are
reasons to conclude that the destruction of evidence could not have
taken place without the Crown Prince's knowledge.
Fourth, Saudi officials falsely denied knowledge of Mr. Khashoggi's
murder for more than 2 weeks, and they continue to deny state
responsibility.
Fifth, the trial of the suspects who have been charged in Saudi
Arabia will not deliver justice or the whole truth.
Sixth, Jamal Khashoggi's remains have yet to be located and turned
over to his family.
Some have ignored the findings in the report, as the lobbyists who
continue to rake in millions of dollars from the Saudi Government have
encouraged, and as the Trump administration appears inclined to do. But
ignoring the facts doesn't change what happened. And it bears
repeating: The fact is, a journalist was murdered by the Saudi
Government in a manner that implicates officials at the highest level
in the royal family. The fact is, the Saudi Government engaged in a
flagrant coverup and continues to deny any responsibility. The fact is,
the steps being taken to pursue justice are a sham.
After the report was released, the Saudi Foreign Minister dismissed
its finding as not containing any new information--as if the murder,
coverup, and lack of accountability are irrelevant because they have
been previously reported.
While many of the summary findings in the report may not be new, they
are supported by roughly 100 pages of detailed information in which the
Special Rapporteur and her team document official reports from the
U.S., Saudi, and Turkish Governments, they include quotes from
interviews conducted around the world, and they share excerpts of the
gruesome intelligence information to which they had access.
Ms. Callamard presented the facts, her own conclusions, and the
methodology used to reach those conclusions, and she was clear about
where there were limitations of her inquiry. The report shows a
meticulous and objective effort to find the truth. For that reason, it
stands in stark contrast to the approach taken by both the Saudi
Government and the Trump administration.
The Special Rapporteur also made several recommendations, including
some that are directed specifically to the United States. They include
the following:
Open an FBI investigation into the murder of Mr. Khashoggi, and
pursue criminal prosecutions within the United States as appropriate.
Make a determination under the Global Magnitsky Human Rights
Accountability Act regarding the responsibility of the Crown Prince,
the de facto ruler of Saudi Arabia.
To the greatest extent possible, consistent with national security,
declassify materials relating to the murder of Mr. Khashoggi.
And hold congressional hearings on the responsibility of top Saudi
officials and demand access to the relevant classified materials.
After Ms. Callamard's report was released, President Trump, just like
the Saudi Foreign Minister, dismissed its findings. He made clear he
intends to take no action in response to the report.
In addition, despite Secretary Pompeo's repeated claim that the
administration is ``committed to holding each individual accountable''
in the murder of Jamal Khashoggi, the facts indicate the opposite. The
administration continues to refuse to adhere to its legal
requirements--refuses to follow the law--under the Magnitsky Act to
determine liability in the murder, including the liability of the Crown
Prince.
In fact, President Trump has made no effort to conceal that the
administration's complicity in protecting the Saudi royal family is
linked to billions of dollars in sales of U.S. weapons to the Saudi
Government. During an interview shortly after the report was released,
the President admitted to not raising the U.N. report with the Crown
Prince, and said: ``Saudi Arabia's a big buyer of American products;
that means something to me.''
Asked whether Saudi Arabia paid the right price for the United States
``to look the other way,'' President Trump said: ``No, no. But I'm not
like a fool that says, `We don't want to do business with them . . .
Take their money.' ''
I was a prosecutor for 8 years. The fact that premeditated murder is
being condoned because of billions of dollars in Saudi money is
unconscionable.
According to President Trump, our relations with Saudi Arabia should
not change regardless of the outcome of any investigation. Think about
that. The President is saying that no matter what the evidence shows,
no matter how compelling the evidence implicating the Crown Prince in
murder and obstruction of justice, that should not affect our relations
with the Saudi Government. That is a shocking statement.
Instead, the administration has limited its response to imposing
sanctions only against individuals who reportedly carried out the
murder, as well as a few other officials believed to have played a role
in ordering or facilitating the operation, and has argued that, by
doing so, it has fulfilled its commitment to pursuing justice.
It is the same as what the Saudi Government has done--claim to be
holding the hit men accountable while absolving the Saudi leadership
and royal family of any responsibility.
Yet the Special Rapporteur has rightly emphasized that the pursuit of
justice for Jamal Khashoggi and his family is about finding the truth.
Secretary Pompeo recently spoke about the need to ensure that our
principles guide our policy. That is a view I share, but I have to
wonder what he meant by that pious statement. What principles was he
talking about? There is no evidence that the administration is being
guided by principle in the Khashoggi case. To the contrary, there is
every reason to believe this administration has made a calculated
decision to do the opposite. In fact, the President has said as much.
There should be nothing controversial about holding accountable a
government that systemically represses and abuses its own people, that
is currently arbitrarily detaining American citizens whom it has also
reportedly tortured, that has repeatedly committed war crimes in Yemen
that potentially implicate the United States, and that is responsible
for the premeditated murder of a widely respected journalist.
I hope other Senators will join me in calling on the Trump
administration to lead the international community by example. Our
government should put Special Rapporteur Callamard's recommendations
into practice, and we should urge other governments to do the same.
I yield the floor.
The PRESIDING OFFICER. The Senator from South Dakota.
Mr. THUNE. Madam President, I ask unanimous consent to be able to
complete my remarks before the vote.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.