[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.