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Supreme Court Holds that Halkbank is Not Immunized from Prosecution

Avery Schmitz
Thursday, April 20, 2023, 3:00 PM
The Court released its 7-2 ruling on Wednesday morning.

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On April 19, the Supreme Court announced its 7-2 ruling in Turkiye Halk Bankasi v. United States, ruling that Halkbank is not immunized from prosecution under the Foreign Sovereign Immunities Act (FSIA). Justice Kavanaugh delivered the majority opinion, arguing that “the District Court has jurisdiction under 18 U. S. C. §3231 over the prosecution of Halkbank” and that the FSIA fundamentally does not provide immunity from prosecution. Justices Gorsuch and Alito authored the dissenting opinion.

You can read the full synopsis and both opinions here or below:

Avery Schmitz is an intern at Lawfare and a senior at the George Washington University, where he concentrates in Middle Eastern Studies and Arabic.

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