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“An unprecedented effort by the Subcommittee to compel [Al-Rumayyan’s] appearance and testimony would not only disrupt the delicate balance of foreign relations and international diplomacy, but would also compromise the prerogatives of the Executive Branch,” Prober wrote within the letter.
Prober, a accomplice at Akin Gump, co-heads the agency’s congressional investigations division.
His letter, dated Aug. 23 however filed with the Justice Division on Aug. 30, is the most recent volley in PIF’s back-and-forth with Blumenthal’s subcommittee over Al-Rumayyan’s potential testimony, as a part of an inquiry into the wealth fund’s U.S. investments. The subcommittee launched a probe after the announcement in June that the PIF-financed LIV Golf league and PGA Tour deliberate to hitch forces after months of bitter infighting between the 2 ventures.
Prober’s letter notes that he has been in touch with the subcommittee as early as June 28. It additionally notes that the PIF is open to briefing the committee and offering data from “an appropriate representative of the PIF at the Subcommittee’s convenience.” It notes that no deal has been formally reached concerning the negotiations between the PIF and the PGA Tour.
Prober expressed some concern with the truth that Blumenthal’s investigation delves into the entire PIF’s U.S. investments. He recommended that a number of the data sought by the congressional inquiry is topic to immunity for a international official.
“[T]he information requested is subject to multiple Saudi laws protecting its confidentiality, very much akin to laws protecting the sensitive information and deliberative processes of the United States government and its instrumentalities,” Prober wrote.
The letter was filed with the Division of Justice below International Brokers Registration Act by a distinct agency engaged on behalf of the PIF: Brownstein Hyatt Farber Schreck. That agency informed the Division of Justice in June that it was serving to the PIF with “Education and advocacy before the U.S. federal government involving Public Investment Fund transactions,” in accordance with a submitting.
Akin Gump itself is just not registered below FARA as a lobbyist for the PIF. A spokesperson for the agency stated it’s “mindful of and complies with obligations under FARA, and we will continue to do so. The statute provides clear guidance that a lawyer is able to provide legal services in response to investigations.”
Whereas there does exist a authorized exemption to FARA for attorneys who symbolize a international principal earlier than the U.S. authorities, Ben Freeman, Director of the Democratizing International Coverage program on the Quincy Institute for Accountable Statecraft, questioned whether or not Akin Gump’s work would fall below that categorization.
“I don’t understand how anybody lobbying on behalf of the Saudi Public Investment Fund wouldn’t register under FARA,” Freeman stated. “We’re talking about an entity that we know is run by the Saudi government. This is a sovereign wealth fund.”
Josh Rosenstein, a lawyer specializing in FARA at Sandler Reiff Lamb Rosenstein & Birkenstock, additionally expressed some skepticism that the authorized exemption would apply to Akin Gump within the congressional investigation. He stated that Akin Gump must tread rigorously concerning the scope of their work and can be clever to acquire an advisory opinion from DOJ.
“The traditional notion is that it stops at the courthouse steps,” Rosenstein stated, of the authorized exemption.
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