A bill that would let the families of 9/11 victims sue Saudi Arabia is stalled in Congress for now, but the powerful lawmakers behind its sponsorship believe it can still get to the Senate floor, despite opposition from leadership.
President Obama, House Speaker Paul Ryan and Senate Majority Leader Mitch McConnell have all sent strong signals they oppose the the Justice Against Sponsors of Terrorism Act. Obama indicated he would veto the bill, while both Ryan, R-Wis., and McConnell, R-Ky., suggested they have no intention of bringing it up for a vote in either chamber.
Opponents say the bill could pave the way for other nations to sue the United States, and could damage the relationship between the United States and Saudi Arabia, a critical ally in the Middle East. Saudi Arabian officials, rattled about the measure, are threatening to sell $750 billion in U.S. assets if it becomes law.
Other top Republicans also oppose it, such as House Armed Services Committee Chairman John McCain of Arizona, who said he is waiting to see if alterations to the bill can address “some concerns.”
Senate Intelligence Committee Chairman Richard Burr, R-N.C., whose panel plays a significant oversight role in the nation’s fight against terrorism here and abroad, has made up his mind. He told reporters Wednesday, “I’m against it.”
The rare trifecta of opposition from the White House and leaders from the House and Senate would normally extinguish the chances of any legislation. But the legislation isn’t any ordinary bill.
Similar legislation was approved in the Senate when Democrats controlled that chamber, and it’s already passed in the Senate Judiciary Committee this year. It also has the support of other key legislators and presidential candidates.
The two chief sponsors are Sens. John Cornyn, R-Texas and Charles Schumer, D-N.Y., who are arguably the second-most powerful lawmakers in their respective parties at the moment. Schumer is set to take over as Democratic leader in 2017, and with the majority of the Senate in play, he could well become the next majority leader, which would put him in charge of the floor schedule.
Democrats, including presidential candidates Hillary Clinton and Sen. Bernie Sanders, of Vermont, also said they back the measure, and reiterated their support in the days leading up to the New York primary.
Cornyn is currently the number-two Republican, and serves as McConnell’s whip.
“There continues to be broad bipartisan support, and I’ll continue to work with colleagues here in the Senate and in the House to get this legislation passed as soon as we can,” Cornyn told Texas reporters in a conference call Wednesday.
If the Senate flips to the Democrats, as some predict it could, McConnell might step aside, leaving an opening for Cornyn to move into the top Republican leadership post or at least retain his current position.
Both Schumer and Cornyn expressed determination to move the legislation even in the face of opposition from both GOP and Democratic leaders as well as the Saudi government.
“My attitude is let the chips fall where they may,” Cornyn said. “Let’s bring justice to the victims and the 9/11 families and deter, to the extent we can, terrorist attacks on our own soil.”
Schumer appeared unconcerned about the negative reaction from Saudi Arabia.
“If the Saudis were complicit, if the Saudi government was complicit in terrorism, then they should pay the price,” Schumer said. “But second, it sends a warning to future governments, if you’re complicit in terrorism, you’re going to pay the price and a trial will determine that. If the Saudis were not complicit in terrorism, they have nothing to fear in the trial.”
Lawmakers have turned to Sen. Lindsey Graham, R-S.C., to narrow the scope of the bill in order to avoid future liability in the United States, even though Graham is a co-sponsor of the bill.
“Could we live under this legislation and could our government be held liable unfairly?” Graham, who has put a hold on the bill, asked Wednesday. He added that the bill needed to be altered so that no government can be held responsible for sponsoring foreign fighters to defeat the Islamic State if those fighters then turn their weapons on another group in the region who is their enemy.
“I’m trying to fix it,” Graham said. “I’m trying to find a solution. The bill is in a position where it is not ready to go out the door.”
Proponents of the bill say they believe there is evidence that the Sept. 11 hijackers received financial and logistical support from the Saudi Arabian government. The bill would amend the Foreign Sovereignty and Immunity Act so that foreign governments could not claim immunity in cases where they are accused of sponsoring terrorist acts abroad.
Ryan, who traveled to Saudi Arabia earlier this month and met with government officials there, said they did not discuss the legislation.
“I think we need to review it to make sure that we’re not making mistakes with our allies and that we’re not catching people in this that shouldn’t be caught up in this,” Ryan said.
