The U.S government has heeded a request made by the ruling New National Party (NNP) government in Grenada for Prime Minister Dr. Keith Mitchell to be given immunity from prosecution in New York in a case involving imprisoned fraudster, Eric Resteiner.

The case in the UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK arose from a law suit filed by U.S citizen CHARLES C. HOWLAND against RESTEINER, and Prime Minister Mitchell and his wife, Marietta.

Howland, a wealthy businessman from Boston, is seeking to recover monies that Resteiner had alleged given to the Grenadian leader on a controversial trip to Switzerland in June 2000.

The con-man is now serving a seven year jail sentence after he was found guilty of a multi-million dollar mail and wire fraud committed against several U.S and Canadian citizens.

Howland is contending that Dr. Mitchell and his wife benefitted financially from the illegal action of Resteiner and should return monies that he received from the fraudster.

Prime Minister Mitchell has admitted receiving "approximately US$15, 000" from Resteiner in Switzerland and not $US500, 000.00 as claimed in an affidavit that was sworn to by Timothy Bass, the former Chief of Security for the jailed con-man.

Following is an edited version of the official U.S government response to a request made by the NNP regime in St. George's for the Bush administration in Washington to grant immunity from prosecution for Prim,e Minister Mitchell in the Resteiner matter in the New York court:

The United States of America, by the undersigned attorney of the U.S. Department of Justice, at the direction of the Attorney General of the United States, pursuant to 28 U.S.C. § 517,1 respectfully informs this Court of the interest of the United States in this action against defendant Keith Mitchell, the Prime Minister of Grenada, and suggests his immunity from the Court's jurisdiction.

In support of its interest and suggestion, the United States sets forth as follows:

(1). The United States has an interest in this action insofar as it raises the question whether the head of government of a foreign state is immune from the Court's jurisdiction.

The Executive Branch of the United States Government has determined that permitting this action to proceed against Prime Minister Mitchell would be incompatible with the United States' foreign policy interests.

As explained below, that determination should be given conclusive legal effect by this Court.

(2). Under customary rules of international law, recognised and applied in the United States, the head of a foreign government is immune from the jurisdiction of United States courts under the doctrine of head-of-state immunity.

The head-of-state immunity doctrine serves to protect the dignity of foreign leaders and reflects the principle that conflicts with sovereign nations are often best handled through diplomacy rather than litigation.

The doctrine traces its roots to the Supreme Court's decision in The Schooner Exchange v. M'Faddon, 11 U.S. (7 Cranch) 116 (1812).

Although that case held merely that an armed ship of a friendly state is exempt from U.S. jurisdiction, it has come "to be regarded as extending virtually absolute immunity to foreign sovereigns." Over time, the absolute immunity of the state itself has been diminished through the widespread acceptance of the restrictive theory of sovereign immunity, a theory reflected in the 1976 passage of the Foreign Sovereign Immunities Act ("FSIA"),

28 U.S.C. § 1602 et seq. Nevertheless, U.S. courts have held that the FSIA's limitations on immunity do not apply to heads of state. As the Seventh Circuit recently explained, The FSIA does not . . . address the immunity of foreign heads of states. The FSIA refers to foreign states, not their leaders.

The FSIA defines a foreign state to include a political subdivision, agency or instrumentality of a foreign state but makes no mention of heads of state.

Because the FSIA does not apply to heads of states, the decision concerning the immunity of foreign heads of states remains vested where it was prior to 1976 ‹ with the Executive Branch.

The Legal Adviser of the U.S. Department of State has informed the Department of Justice that the government of Grenada has requested that the United States Government suggest the immunity of Prime Minister Mitchell in this action.

The Legal Adviser has further informed the Department of Justice that the Department of State recognizes Prime Minister Mitchell as the sitting head of government of Grenada and "allows the immunity of Prime Minister Mitchell from this suit." The Supreme Court has mandated that the courts of the United States are bound by suggestions of immunity, such as this one, submitted by the Executive Branch.

Just as the FSIA does not disturb traditional head-of-state immunity procedures, neither does it alter the binding nature of the Executive Branch's suggestion of immunity.

Before enactment of the FSIA, the Executive Branch filed suggestions of immunity with respect to both heads of state and foreign states themselves.

The FSIA transferred responsibility for determining the immunity of foreign states from the Executive Branch to the Judicial Branch.

It did not, however, alter the Executive Branch's authority to suggest head of-state immunity for foreign leaders or change the conclusive effect of such suggestions.

The courts of the United States have applied these principles in numerous cases to dismiss actions against foreign heads of state upon the Executive Branch's suggestion of immunity.

"(T)he Executive Branch's suggestion of immunity is conclusive and not subject to judicial inquiry.

For more than 160 years American courts have consistently applied the doctrine of sovereign immunity . . . with no further review of the executive's determination.

CONCLUSION

For the foregoing reasons, the United States respectfully suggests the immunity of Prime Minister Mitchell in this action.

Date: November 23, 2007

Respectfully submitted,

JEFFREY S. BUCHOLTZ

Acting Assistant Attorney General

BENTON J. CAMPBELL

United States Attorney

VINCENT M. GARVEY

Deputy Branch Director

ERIC B. BECKENHAUER, Cal. Bar No. 237526 Trial Attorney U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Ave. NW Washington, DC 20001

Telephone: (202) 514-3338

Facsimile: (202) 616-8470

E-mail: eric.beckenhauer@usdoj.gov

Counsel for the United States of America