Congress on Wednesday this week voted overwhelmingly to override President Obama’s veto of legislation that would allow families of September 11 victims to sue the Saudi Arabian government over its alleged support of terrorist actions in the United States. This is the first veto override of President Obama’s presidency. The Senate vote was 97 to 1. The House vote was 348 to 77. In the House, 59 Democrats and 18 Republican voted to back the president’s position.
The Justice Against Sponsors of Terrorism Act would allow courts to waive claims to foreign sovereign immunity in situations involving acts of terrorism on U.S. soil. Both chambers passed the legislation without dissent earlier this year.
The White House has argued that the legislation could set a dangerous precedent, inviting other nations to respond by suing in foreign courts American diplomats, military personnel, and other officials.
President Obama sent a letter on Tuesday to Senate Minority Leader Harry Reid (D-NV) and Senate Majority Leader Mitch McConnell (R-KY) stating that he was “fully committed to assisting the families of the victims of terrorist attacks of September 11th, but the legislation would put military and other U.S. officials oversees at risk.” The bill’s enactment “would neither protect Americans from terrorist attacks nor improve the effectiveness of our response to such attacks.”
Saudi Arabia denies it has any ties to the 9/11 terrorists and has lobbied fiercely against the bill. Victims’ families have pushed hard for the legislation so they can press their case in courts.
Critics of the bill are now focusing on how to scale back the measure once it becomes law. Approximately 20 senators have signed a letter expressing their intention to return to the issue during the lame duck session if the new law generates negative consequences.
Senate Foreign Relations Committee Chairman Bob Corker (R-TN) led efforts to negotiate a narrower alternative before the vote. “What you really do is you end up exporting your foreign policy to trial lawyers,” Corker said. “U.S. personnel might find themselves dragged into lawsuits abroad over American drone use in Pakistan and Afghanistan, or even its support for Israel.” Corker, and other senators who expressed concerns about the legislation, in the end, voted for the override.
