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UPDATE 22 OCTOBER 2019
As noted in our original post, Sacoolas’ diplomatic immunity expired the moment she departed the UK in August. This was confirmed to the Dunn family in a letter from the Foreign Minister, Dominic Raab to the Dunn’s. Furthermore, on 21 October, SkyNews learned that the chief constable would be traveling to the United States to interview Anne Sacoolas.
In addition, the attorney hired by Sacoolas, Amy Jeffress, has reached out on behalf of her client to the Dunn attorney requesting a meeting between Sacoolas and the Dunn family. Jeffress is quoted in the Mirror, “Anne was driving on the wrong side of the road and is terribly, terribly sorry for that tragic mistake. She wants to meet the family and apologize and take responsibility. Anne had no time to react when she saw the motorbike.”
Jeffress, continued how Sacoolas stayed at the scene and flagged down other people to help the teenager, “She spoke to Harry to tell him that she would call for help. She waved down another car. That driver offered to assist Harry so that Anne could comfort her young children in her car.”
UPDATE 11 OCTOBER 2019
A glimpse of President Trump’s briefing notes indicates the likelihood that the United States government will force Anne Sacoolas to return to the United Kingdom to face charges is essentially nil. The U.S. State Department has advised Sacoolas to consult with her personal attorney and make her own determination on whether or not to avail herself to British authorities.
An auto accident occurred just outside the front gates of RAF Croughton in which a U.S. diplomat’s wife turned off the entrance way onto the main road and crashed head-on into an on-coming motorcyclist.
The motorcyclist was Harry Dunn (age 19). He subsequently died in hospital due to his injuries.
Anne Sacoolas, the wife of U.S. diplomat had been in the UK for three weeks. Her muscle memory of driving on the right side of the road took over when she exited. She was driving on the wrong side of the road.
The police followed the same process they would follow if it was a UK citizen or tourist who had been behind the wheel. We are told by Police Superintendent Sara Johnson of the Northamptonshire police force that Sacoolas was cooperative at the scene.
Once it was learned that Sacoolas had diplomatic status as the spouse of an accredited U.S. diplomat assigned to RAF Croughton, the police began the process of having the request made to the U.S. for a waiver of the diplomatic immunity, to permit the arrest of Sacoolas.
It was in that time period between the accident and the request for the immunity waiver that the U.S. made the decision to spirit Sacoolas, her husband and two children out of the U.K.
This decision left behind a frustrated and grieving family and nation. One needs only search the hashtag #JusticeForHarry to better understand the depth of the sense of injustice the U.S. decision has and is creating.
And rightly so.
The family has appealed to Sacoolas, the US government, their own government and the public at large to have Sacoolas brought back to the UK so that they may see justice served. A Go-Fund-Me page has been created for the family and to fund awareness.
The ugliness of the U.S. decision
Yes, Anne Sacoolas, was covered by diplomatic immunity. The United States was asked to waive the immunity. Their response came via a statement in which they sent “condolences.”
“We express our deepest sympathies and offer condolences to the family of the deceased in the tragic Aug. 27 traffic accident involving a vehicle driven by the spouse of a U.S. diplomat assigned to the United Kingdom. We can confirm the family has left the U.K. Any questions regarding a waiver of immunity with regard to our diplomats and their family members overseas in a case like this receive careful attention at senior levels are considered carefully given the global impact such decisions carry; immunity is rarely waived.”
The U.S. chose poorly.
Adequate precedent exists to waive diplomatic immunity when appropriately requested, especially when the incident for which one is being charged did not involve the individual performing their official duties.
The U.S. does not hesitate to ask countries to waive the immunity when diplomats or dependents break the laws of the United States and did so as recently as December 2018 when the U.K. waived the immunity for a spouse of a UK diplomat, which permitted the individual to be arrested.
With the departure of the family from the UK, the UK Foreign Office no doubt immediately terminated the diplomatic status of Sacoolas and his spouse.
What follows for Sacoolas?
We are told the UK Prime Minister will be talking to the U.S. President to ask that he intercede and overrule the decision of the State Department not to waive immunity, and have Anne Sacoolas returned to the UK.
There is no immunity to be waived if Sacoolas decides on her own to return to the UK. The UK judicial system is fair and equitable and the one upon which the U.S. system is modeled.
If she doesn’t.
The UK no doubt will create a warrant for her arrest and then ask every country with whom they have an extradition treaty to arrest her should she enter their country. This includes the United States.
The United States has the opportunity to do the right thing.
Anne Sacoolas has the opportunity to do the right thing.
Let’s hope they do. Harry Dunn’s family deserves no less.
What if you are arrested in a foreign land?
The U.S. Embassy will provide to you the following services (which do not include spiriting you out of the country). Our source for these, the US Embassy in London.
Consular Assistance to U.S. Citizens
The Embassy can:
- Provide a list of local attorneys who speak English
- Contact family, friends, or employers of the detained U.S. citizen with their written permission
- Visit the detained U.S. citizen regularly and provide reading materials and vitamin supplements, where appropriate
- Help ensure that prison officials are providing appropriate medical care for you
- Provide a general overview of the local criminal justice process
- Inform the detainee of local and U.S.-based resources to assist victims of crime that may be available to them
- If they would like, ensuring that prison officials are permitting visits with a member of the clergy of the religion of your choice
- Establish an OCS Trust so friends and family can transfer funds to imprisoned U.S. citizens, when permissible under prison regulations
The Embassy cannot:
- Get U.S. citizens out of jail overseas
- State to a court that anyone is guilty or innocent
- Provide legal advice or represent U.S. citizens in court overseas
- Serve as official interpreters or translators
- Pay legal, medical, or other fees for U.S. citizens overseas
