US government lawyers are fighting to keep “law enforcement” documents related to Prince Harry’s visa application secret, saying they would cause “stigma” if released.
The argument is contained in a 53-page court transcript that was due to be released last night.
The development comes after a hearing in February in which a think tank argued that details of the Duke of Sussex’s March 2020 visa application – particularly how he responded to questions about drug use – should be made public.
In the court transcript, Department of Homeland Security (DHS) lawyers argue that Harry has a right to privacy and that his visa documents should remain sealed.
In response to a question from the judge about “the privacy interest that the government is asserting on behalf of the Duke,” DHS attorney John Bardo responded: “Well, many of these records, Your Honor, are law enforcement records.
Prince Harry pictured at the Invictus Games 10th anniversary service at St Paul’s Cathedral on May 8. US government lawyers are fighting to keep “law enforcement” documents related to Prince Harry’s visa application secret, saying there would be a “stigma” if they were released.
Harry pictured this month in Lagos with his wife Meghan Markle (far right) and Nigeria’s Chief of Defense Staff Christopher Musa (far left), his wife Lilian Musa (second from left), Lagos State Governor, Babajide Sanwo-Olu (third from right) and his wife, Ibijoke Sanwo-Olu (third from left)
“So there is a stigma associated with being mentioned in a law enforcement record.”
He added that the files contained “confidential law enforcement tools and techniques.”
This is the first time law enforcement records have been mentioned in connection with the Duke’s visa affair.
And while it’s not yet clear exactly what records are being referred to, a Los Angeles-based immigration lawyer said last night: “Law enforcement records could involve police , the FBI, the airport police, the secret service, the military police or even the highway patrol. The word that jumps out is “stigma”. This is not a word you would expect to see in a routine visa application.
“It’s a very unusual word that you don’t usually see in cases like this and it begs the question: what is there in there that could attach a stigma to the candidate’s candidacy? Prince Harry?
“There’s no way to know until the documents are made public.”
Conservative think tank The Heritage Foundation is suing DHS in an attempt to force the release of all documents relating to how Harry entered – and continues to live in – America. Visa applicants must answer yes or no to the question: “Are you or have you ever been a drug addict or addict?”
In his memoir Spare (pictured), Harry admitted to using cocaine, psychedelic mushrooms and marijuana.
Judge Carl Nichols (pictured) is reviewing the documents privately and is expected to rule “within weeks” on whether they should be made public.
In his memoir Spare, Harry admitted to using cocaine, psychedelic mushrooms and marijuana.
The Heritage Foundation argued that the autobiography meant the Duke had waived any rights to privacy. However, DHS lawyer Mr. Bardo said Spare “is not testimony or evidence under oath.”
Judge Carl Nichols is reviewing the documents privately and is expected to rule “within a few weeks” on whether they should be made public.