Britain's Prince Harry arrives at the Royal Courts Of Justice in London, Tuesday, March 28, 2023. Photo / AP
Prince Harry’s memoir is not “proof” he took drugs and could have been embellished to “sell books”, a lawyer for the Biden administration argued on Friday.
It came as a DC court began hearing a case on whether to compel the US government to release the Duke of Sussex’s visa application stemming from revelations about his illegal drug use.
The Heritage Foundation, a conservative think tank, has for months been challenging the Department for Homeland Security (DHS), arguing the documents should be made public as a result of confessions he made in his bestselling memoir Spare.
They contend that the Duke’s past drug use should have disqualified him from entering the United States under federal law and that releasing his application is of “immense public interest”.
But John Bardo, a lawyer for the DHS, told the court that “the book isn’t sworn testimony or proof” that the Duke of Sussex did in fact take drugs.
“Saying something in a book doesn’t necessarily make it true”, he said.
Nile Gardiner, director of the Heritage Foundation’s Margaret Thatcher Center for Freedom, said the suggestion the Duke had fabricated his drug taking was a “ridiculous argument”
“This is Prince Harry’s book”, he said following the hearing
“He has never denied anything in his own book... including the extensive widespread drug use.”
There are three possible ways the Duke had entered the US, the court heard. He either lied on his immigration form about taking drugs, applied for a waiver or entered on a diplomatic visa.
During the hearing at E Barrett Prettyman Courthouse, Mr Bardo said it was “certainly plausible” the Duke entered the US on a “category A” visa, which is reserved for diplomats and foreign government officials visiting the US for official duties.
“He’s still a member of the British royal family and has the title Duke of Sussex… he’s still a government official in the UK by his birth and title”, he said.
Diplomatic visa holders are only permitted to carry out work for their respective governments while in the country.
Mr Dewey said the suggestion that Harry was on such a visa was “absurd” and “preposterous” given the nature of his relationship with the Royal Family when he entered the US.
He said such a situation would be “entirely anomalous”.
“Absent the king himself you can’t come here and work”, he said, adding that it would be an “abuse” of the visa.
He told the court it would be a “huge red flag” had a government agent admitted the Duke on a class A visa “when the whole world knows he’s not a working royal”.
Speaking outside the court after the hearing, Mr Dewey said if the Duke is or had been on a diplomatic visa it raises serious questions for the British government.
“I think that would also implicate questions in Parliament to the extent if he had a valid visa and tried to use it... how would the Foreign Secretary and Home Secretary have authorised that?”
Mr Gardiner said it was “highly unlikely” Harry was classified as a diplomat as “he had no official role on behalf of British people, his own relationship with the royal family, that was at a low point as the judge himself actually referenced in his remarks.”
The Heritage Foundation previously argued the former royal waived his right to privacy when he “sold every aspect of his private life for, in some estimates, over US$135 million ($218 million)”, adding that his claims of his right to privacy have been “met with widespread public ridicule”.
During Friday’s court session Mr Dewey referenced the Duke’s recent interview on breakfast television show Good Morning America (GMA) earlier this month, during which he said he had considered applying for US citizenship.
Judge Carl J Nicholas also raised concerns that referring to the Duke as Prince Harry was too informal.
He said it felt “very uncomfortable” to refer to him as such, before deciding The Duke of Sussex was more appropriate.
In Spare, the Duke of Sussex sparked controversy when admitting to taking cocaine, marijuana and psychedelic mushrooms.
Questions have been raised over whether the Duke lied on his US visa application or if he was shown favourable treatment by officials because of his high profile status.
The foundation has sought “all records within Prince Harry’s Alien Registration file” including “any applications for immigration benefits” and “all records relating to any requests for waiver by Prince Harry.”
In a court filing, the Heritage Foundation argued: “[The case] comes about in the main because HRH [His Royal Highness] voluntarily—and for immense profit—admitted in writing to the elements of any number of controlled substance violations. (Indeed, some say HRH has approached the point of bragging and encouraging illegal drug use.)
”The Duke of Sussex did so despite the fact that it is widely known that such admissions can have adverse immigration consequences for non-citizens and despite employing preeminent legal advisors on both sides of the Atlantic.”
In April 2014, celebrity chef Nigella Lawson was banned from flying to the US after confessing to taking cocaine and smoking marijuana.
A spokesperson for the DHS at the time said that foreign citizens who had admitted to drug offences could be deemed “inadmissible” under US law from entering the country.
The ban was later lifted in June 2014 so she could travel to the US and film a new series of her cookery contest The Taste USA.
Prince Harry said in February that he had considered becoming a US citizen.
In an interview on Good Morning America, the Duke said he had “no idea” what was stopping him from doing so.
He added: “The thought has crossed my mind but is not a high priority right now.”
However, he runs the risk of being denied citizenship as the drugs he has admitted to taking are banned or under strict control in the United States.
According to policy published by the US Citizenship and Immigration Services, any application would require him to renounce his title.
The Sussexes left the UK in October 2019 and stayed at a friend’s house in Canada for an extended family break. They then flew to California and, in January 2020 and announced they would be stepping back from the working Royal family.
They have since bought their own home in Montecito, with a mortgage, where they live with their two children.
The Duchess is understood to have begun the process of applying for UK citizenship during her short time in Britain, but she did not complete it. She remains a US citizen and the children are reported to have dual citizenship.
US immigration policy states that “any applicant who has any titles of heredity or positions of nobility in any foreign state must renounce the title or the position”.
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