[The Honorable John Cornyn]
United States Senate
517 Hart Senate Office Building
Washington, DC 20510
[The Honorable Charles E. Schumer]
United States Senate
322 Hart Senate Office Building
Washington, DC 20510
Dear Senators Cornyn and Schumer,
We are writing regarding the recent congressional override of the president’s veto of
S.2040, the Justice Against Sponsors of Terrorism Act (JASTA). The families of the victims of
the September 11, 2011 terrorist attacks deserve justice for their suffering, but we do not believe
JASTA to be the correct course of action.
Although the motivations behind the Justice Against Sponsors of Terrorism Act (JASTA)
are honorable and sincere, the bill could create a number of unintended consequences that set a
dangerous precedent for our nation. In its current form, JASTA would weaken our nation’s
sovereign immunity protections, subsequently opening the United States and its officials,
members of the Armed Forces and corporations to lawsuits in foreign courts. As a result of
JASTA, members of the U.S. Armed Forces, both in the United States and overseas, would be
susceptible to allegations that their actions were in direct violation of a foreign state’s law. These
men and women hail from our states, and as governors it is our duty to protect them and act in
their best interest.
Not only does JASTA upset the principles of international law set forth by the United
Nations Charter, but it also threatens international security and peace. JASTA is constructed in
such a way that seriously undermines our counterterrorism efforts overseas, creating implications
that inhibit our government’s ability to carry out its military and intelligence activities abroad. It
also damages the trust we have built with our allies and partners against terrorism around the
world, as they too could be the subject of lawsuits in U.S. courts. This throws our capacity to
successfully carry out foreign policy goals in disarray, ultimately upsetting the balance of power
on an international scale.
One such unintended consequence of JASTA is the opportunity for foreign nations to
enact reciprocal legislation that would allow their courts to exercise jurisdiction over any
country, including the United States, whose international actions may have caused harm to
members of that nation. France, Pakistan, Iraq and Sudan have already threatened to introduce
similar measures in response to the passage of JASTA. Lawsuits against U.S. military officers
were recently filed in Turkey, potentially triggering a chain reaction for other countries to do the
same.

 The bill unnecessarily complicates the existing U.S.-Saudi relationship, a relationship
essential not only to our interests in the Middle East and across the globe, but also to our
economic interests. As governors, one of our most important responsibilities is to act as the chief
economic representative of our respective states. Saudi Arabia is one of the largest trade partners
of the United States for goods and services, and implementation of JASTA is particularly
concerning because it poses a substantial threat to this healthy economic partnership. The Saudi
government could easily view the passage of JASTA as an affront to our long-standing
relationship and subsequently reduce or halt the amount of trade between our two countries,
including Saudi purchases of U.S. commercial and defense equipment. Furthermore, Saudi
families and investment groups have invested in numerous private U.S. corporations and
investment funds, and JASTA jeopardizes the likelihood of future inflows into the United States.
In conclusion, we ask that you consider amending the Justice Against Sponsors of
Terrorism Act (JASTA) to address some of the unintended consequences raised by its passage.
Although the sponsors may have had admirable intentions, in its current state JASTA presents a
number of legal, economic, and national security problems that need to be addressed and
resolved to effectively ensure that the United States, its military members and foreign officials,
and corporations are adequately protected.
Sincerely,
________________________________

________________________________

________________________________

________________________________

________________________________

________________________________

________________________________

________________________________

________________________________

________________________________

________________________________

________________________________

________________________________

________________________________