Elena Kagan, President Barack Obama’s latest nominee to the Supreme Court, helped protect the Saudi royal family from lawsuits that sought to hold al Qaeda financiers responsible in the wake of the Sept. 11, 2001 attacks.
The suits were filed by thousands of family members and others affected by the Sept. 11 attacks. In court papers, they provided evidence that members of the Saudi royal family had channeled millions to al Qaeda prior to the bombings, often in contravention of direct guidance from the United States.
But Kagan, acting as President Obama’s Solicitor General, argued that the case should not be heard even if evidence proved that the Saudis helped underwrite al Qaeda, because it would interfere with US foreign policy with the oil-rich nation. She posited “that the princes are immune from petitioners’ claims” because of “the potentially significant foreign relations consequences of subjecting another sovereign state to suit.”