International law and U.S. foreign policy provide powerful reasons to require clearer direction from the political branches before ordering the turnover of Afghan central bank assets to U.S. judgment creditors.
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In her recommendation, Judge Netburn argued that plaintiffs’ motions in these cases should be denied for three reasons.
The report does not find sufficient evidence to support allegations that President Ghani and his senior advisors fled with millions of dollars in cash taken from the Afghan government.
The relationship between foreign sovereign immunity and sanctions against central banks is important but often mischaracterized.