Brief for Amici Curiae Ingrid (Wuerth) Brunk and William S. Dodge in Support of Neither Party, United States v. Turkiye Halk Bankasi A.S.

Abstract

This amicus brief was submitted to the Second Circuit in United States v. Turkiye Halk Bankasi A.S. on remand from the U.S. Supreme Court. In amici’s view, Halkbank’s entitlement to common law immunity should be resolved by the federal judiciary, not controlled solely by the executive branch. That result is supported by the Constitution’s system of separation of powers, Supreme Court precedent, historical practice in federal courts, and functional considerations, especially considering Congress’s adoption of the FSIA.

Keywords: Common Law Immunity, Halkbank, FSIA, Foreign Sovereign Immunities Act