You are a senior counselor in the U.S. Department of State attached to the Middle East Bureau. One morning, you are called into a meeting with the Secretary of State Hillary Clinton and her staff. Secretary Clinton quickly sets the stage in her opening remarks. ‘The Obama Administration is being strongly lobbied by the 9-11 families to support an amendment to the 1976 U.S. Foreign Sovereign Immunities Act which will permit them to sue Saudi Arabia in a class action pending in U.S. Federal Court based on the country’s perceived connection to the 9-11 terrorists. The congressional legislation proposed by the 9-11 families is called the Justice Against Sponsors of Terrorism Act (“JASTA”) and appears to have solid bi-partisan support in Congress and a high likelihood of passing…after all, who wants to be perceived as going against the 9-11 families in an election year

As you may be aware, the State Department is being pressed by New York State congressional representatives and lobbying interests to support the proposed legislation. It is my understanding that President Obama is on the fence and has serious reservations. Looking strictly from the U.S. national interest point of view – political considerations aside – you are tasked with producing a memo to Secretary Clinton (approx. 6 single-spaced pages in length) analyzing the ‘pros and cons’ of passing JASTA and making a recommendation whether the State Department should support this legislation