Alex Saab‘s defense team requests the U.S. Department of Justice to dismiss the appeal filed in April 2021, in the Eleventh Circuit of Georgia demanding the recognition of diplomatic immunity. 

Therefore, in a document filed this week before the Court of Appeals of the Eleventh Circuit, based in Atlanta (Georgia), the diplomat’s defense requests the dismissal of the accusation arguing that his client has diplomatic immunity.

This “court will ultimately decide immunity in all events, and the exigencies of this case virtually compel this Court to address the immunity issue at this time,” the document details. 

The motion is in response to a request by the prosecution to dismiss the appeal filed in April by Alex Nain Saab in Atlanta of a ruling by a Miami judge calling him a “fugitive from U.S. justice”.

Alex Saab’s defense

The Venezuelan diplomat’s defense also indicated that “Saab argued that the Court should address the issue of immunity, vindicate that immunity and Saab’s undisputed inviolability from arrest and dismiss the indictment outright”.

He adds that “treating Saab as a fugitive would be tantamount to denying his immunity.”

Therefore, his lawyers assert that the appeals court should dismiss the prosecution’s motion. In addition to “expedite the argument and decision to resolve Saab’s immunity claim as soon as possible.”

Upcoming hearings

On January 7, 2022, the Colombian businessman, and also a Venezuelan diplomat, will be in a new hearing; which is expected to schedule the final date of the trial. Since it was delayed after both parties consider that January 3, as scheduled, was not “realistic”.