Justice Against Sponsors of Terrorism Act
| Company type | United States federal law |
|---|---|
| Industry | Legislation, counter-terrorism law |
| Founded | September 28, 2016 |
| Fate | Enacted into law |
Key people | Senators John Cornyn, Chuck Schumer; Representatives Peter T. King, Jerrold Nadler; President Barack Obama (vetoed) |
| Products | Legal framework for civil lawsuits against foreign governments related to terrorism |
The Justice Against Sponsors of Terrorism Act (JASTA) () is a United States statute that restricts foreign sovereign immunity. It modifies the Foreign Sovereign Immunities Act and the Anti-Terrorism and Effective Death Penalty Act of 1996 to allow civil lawsuits against foreign governments for harm, fatalities, or losses resulting from international terrorism occurring within U.S. territory.
This legislation received unanimous approval in the Senate in May 2016, followed by endorsement from the House in September 2016. On September 28, 2016, Congress successfully overrode President Obama's veto—the sole veto override during his tenure—thereby enacting the measure into law.
A significant consequence of JASTA for businesses is that it facilitates ongoing litigation by families of September 11 attacks victims targeting Saudi Arabia due to its alleged role, despite the statute not explicitly naming Saudi Arabia.
Congressional support and objections
Senators John Cornyn (R-TX) and Chuck Schumer (D-NY) were primary sponsors in the Senate. Initially introduced in December 2009, the bill was brought forward again on September 16, 2015, and passed the Senate by voice vote on May 17, 2016. In the House, principal sponsors included Peter T. King (R-NY) and Jerrold Nadler (D-NY), supported by more than 50 cosponsors.
White House Press Secretary Josh Earnest voiced apprehensions that JASTA might expose the United States, its taxpayers, military personnel, and diplomatic staff to risks if other nations enacted comparable legislation. The House approved the bill unanimously on September 12, 2016. On that date, Earnest indicated President Obama was expected to veto it, which he did on September 23, 2016.
Overriding a presidential veto requires a formal recorded vote. On September 28, the Senate overturned Obama's veto with a 97-1 tally; Senate Minority Leader Harry Reid cast the lone dissenting vote, while Senators Tim Kaine and Bernie Sanders abstained. The House followed with a 348–77 vote to override that same day, enacting the law despite presidential opposition. This marked the only veto override during President Obama's administration.
U.S.–Saudi Arabia relationship
Before JASTA was enacted, Saudi Arabia vehemently opposed the measure and reportedly threatened to liquidate up to $750 billion in United States Treasury securities and other American assets if it became law. Nonetheless, economic experts expressed skepticism about Saudi Arabia carrying out these threats due to potential harm to its own financial interests. No evidence has emerged indicating these warnings were acted upon.
In September 2016, a Saudi Foreign Ministry representative cautioned that Congress should amend the 9/11 legislation to prevent "serious unintended consequences," underscoring the Kingdom’s "deep concern" regarding the statute.
Status of sovereign immunity
Specialists in international law raised alarms that JASTA might weaken sovereign immunity worldwide. Former State Department Legal Adviser John B. Bellinger III warned that it could provoke other nations to curtail U.S. sovereign immunity in retaliation. Curtis Bradley, a professor at Duke Law School, observed that this act might subject any nation to lawsuits initiated by U.S. citizens and trigger reciprocal legal challenges against American military and diplomatic operations.
Government attorney Joshua Claybourn highlighted that sovereign immunity offers significant protection for the U.S., given its broad diplomatic, economic, and defense engagements globally; its substantial financial resources make it particularly vulnerable to legal claims.
Effective September 30, 2016, JASTA became operational with Stephanie Ross DeSimone filing the inaugural lawsuit against Saudi Arabia. Her claim alleges that the Kingdom provided material support to al Qaeda and Osama bin Laden. DeSimone’s case was lodged in Washington, D.C., representing both herself and her late daughter; her husband, Navy Commander Patrick Dunn, died at the Pentagon during the 9/11 attacks.
The legislation was anticipated to empower approximately 9,000 plaintiffs from the New York region to pursue legal action against Saudi Arabia. Legal analysts expected federal courts to reconsider consolidated cases initially filed nationwide, especially those centralized within the Southern District of New York.
Lawsuit Filed Against Saudi Arabia under JASTA
On March 20, 2017, a group consisting of 1,500 survivors who were injured and 850 relatives of the 9/11 victims initiated legal action against the Kingdom of Saudi Arabia. The lawsuit asserts that the Saudi government was aware beforehand that certain officials were either operatives or supporters of al Qaeda. The legal filing accuses Saudi Arabia of "deliberately providing material assistance and resources to al Qaeda, thereby enabling the September 11th Attacks."
By March 2, 2020, plaintiffs disclosed that numerous potential witnesses had been subjected to threats. Meanwhile, Saudi Arabia is actively working to identify all individuals testifying in connection with the case.