LIV Golf brings on some more political muscle to deal with congressional probe

“An unprecedented effort by the Subcommittee to compel [Al-Rumayyan’s] look and testimony wouldn’t solely disrupt the fragile steadiness of overseas relations and worldwide diplomacy, however would additionally compromise the prerogatives of the Government Department,” 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 newest 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 involved 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 applicable consultant of the PIF on the Subcommittee’s comfort.” It notes that no deal has been formally reached relating to 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 urged that a few of the data sought by the congressional inquiry is topic to immunity for a overseas official.

“[T]he data requested is topic to a number of Saudi legal guidelines defending its confidentiality, very a lot akin to legal guidelines defending the delicate data and deliberative processes of the USA authorities and its instrumentalities,” Prober wrote.

The letter was filed with the Division of Justice beneath Overseas Brokers Registration Act by a distinct agency engaged on behalf of the PIF: Brownstein Hyatt Farber Schreck. That agency instructed the Division of Justice in June that it was serving to the PIF with “Training and advocacy earlier than the U.S. federal authorities involving Public Funding Fund transactions,” in response to a submitting.

Akin Gump itself just isn’t registered beneath FARA as a lobbyist for the PIF. A spokesperson for the agency stated it’s “aware of and complies with obligations beneath FARA, and we are going to proceed to take action. The statute offers clear steering {that a} lawyer is ready to present authorized providers in response to investigations.”

Whereas there does exist a authorized exemption to FARA for attorneys who symbolize a overseas principal earlier than the U.S. authorities, Ben Freeman, Director of the Democratizing Overseas Coverage program on the Quincy Institute for Accountable Statecraft, questioned whether or not Akin Gump’s work would fall beneath that categorization.

“I don’t perceive how anyone lobbying on behalf of the Saudi Public Funding Fund wouldn’t register beneath FARA,” Freeman stated. “We’re speaking about an entity that we all know is run by the Saudi authorities. It 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 fastidiously relating to the scope of their work and could be clever to acquire an advisory opinion from DOJ.

“The normal notion is that it stops on the courthouse steps,” Rosenstein stated, of the authorized exemption.