A right wing think tank has argued “there was no proper method” by which Prince Harry “could have been admitted” to America in a court filing via Newsweek.
The Heritage Foundation is suing the Biden Administration to force the release of the prince’s visa records. They argue Prince Harry would have been required to disclose any past drug use during the immigration process and say that if he was honest about it then he should have been denied entry to America.
However, Judge Carl J. Nichols had terminated the case in September after privately reviewing confidential Department of Homeland Security (DHS) files.
It is reported that most of his reasoning remained sealed, a move Heritage argue denied them a chance to challenge the DHS’ private disclosures to the judge.
“[Heritage] submitted there was no proper method by which the Duke of Sussex could have been admitted,” lawyers for Heritage wrote in a filing, seen by Newsweek.
“Thus, [Heritage’s] point is that if [DHS] ‘paroled’ the Duke of Sussex into the country in the same manner as illegal aliens pouring over the Nation’s Southern Border that would be so illogical and illegal that [Heritage] did not even think it in issue.”
A recent Government filing, as per Newsweek, read: “The evidence before the Court plainly sufficed to show that [Heritage’s] speculation of impropriety was unfounded.”
The assertion was intended to rebut a passage from a filing by the judge given at the end of the case in which Nichols stated: “Heritage’s first argument is based on its contention that in March 2020 the Duke entered the United States either by disclosing his past drug use (and was admitted inappropriately) or failing to disclose his past drug use.
“As Heritage puts it, ‘[I]f the records fail to shed light on those questions, or show that in fact the expected impropriety did not occur then the case immediately is at an end; there is no need to evaluate the sufficiency of Plaintiffs’ asserted public interest or conduct the complex balancing inquiry. Judgement may simply be entered for Defendant’.”
Heritage lawyers say that in fact they were arguing it is not possible for Harry to have been admitted into America in a proper way.
The argument does, though, run contrary to the perspectives of some lawyers who argue it is possible, for example, that the prince could have obtained a waiver.
