Prince Harry’s admissions in his memoirs that he used drugs are not “proof” that he actually did so and could have been a ploy to “sell books”, the US government has argued in court.
The Biden administration’s claim came as a Washington DC think tank sought access to Harry’s visa application to see if he lied about drug use.
John Bardo, of the Department of Homeland Security, told the court that Harry’s book “Spare” was not “sworn testimony or evidence” that he used drugs.
He said, “Just because you say something in a book doesn’t make it true.”
Prince Harry’s admissions in his memoirs that he used drugs are not ‘proof’ that he actually did and could have been a ploy to ‘sell books’, the US government has argued in court
The lawyer added that people say things to “sell books” as he argued that Harry’s immigration details should remain private.
It was the latest twist in a case in which the Heritage Foundation, a conservative think tank based in Washington DC, is suing to force the release of the Duke of Sussex’s US immigration files.
Last week, the Duke told Good Morning America: “American citizenship is a thought that crosses my mind but is not a high priority for me at the moment.”
John Bardo, of the US Department of Homeland Security, told the court that Harry’s book ‘Spare’ was not ‘sworn testimony or evidence’ that he used drugs
In federal court in Washington DC, attorneys for Heritage also filed a transcript of the GMA interview on February 16, 2024 “in which the Duke of Sussex discusses the potential pursuit of U.S. citizenship.”
They said it helped their case for the release of his immigration files.
In a court filing, Heritage said: ‘Widespread and ongoing media reporting has raised questions about whether DHS properly admitted the Duke of Sussex in light of his publicly identifying the essential elements of a number of drug offenses has given in.’
U.S. District Court Judge Carl J. Nichols, sitting in Court 17 of the E. Barrett Prettyman U.S. Courthouse in Washington, D.C., is expected to issue a ruling in the coming weeks.
Harry, who has lived in California since 2020, was not present in court.
When applying for a U.S. visa, foreigners are asked on the DHS DH160 visa form, “Are you or have you ever been a drug abuser or addict?”
They are also asked if they have ever “violated any laws regarding controlled substances.”
If they answer ‘yes’, they can still get an exemption.
Heritage wants to see if Harry admitted to using illegal drugs before getting a visa.
They also want to determine whether he was granted relief and received favorable treatment.
Sources close to the duke have previously indicated that he responded truthfully to the request.
Lawyers for the foundation argue that the documents are of ‘great public importance’.
The 39-year-old Duke admitted in ‘Spare’ that he had used marijuana, cocaine and magic mushrooms.
Last week, the Duke told Good Morning America: “American citizenship is a thought that crosses my mind but is not something that is a high priority for me at the moment.
He wrote that ‘psychedelics have done me good’ and also describes experimenting with the hallucinogenic plant ayahuasca from the Amazon region.
Harry described that as “cleaning the windshield, removing the filters of life.”
Biden officials have fought Heritage’s case for months, arguing that all visa applicants have a right to privacy.
The foundation is looking for ‘all data in Prince Harry’s alien registration file’.
That includes “all applications for immigration benefits” and “all documents relating to any waiver requests by Prince Harry.”
In a court document, Heritage said: ‘(The case) arises principally because HRH (His Royal Highness) voluntarily – and for enormous gain – admitted in writing the elements of a number of controlled substance offences. (Some say HRH has reached the point of bragging and encouraging illegal drug use.)
In federal court in Washington DC, lawyers for Heritage also introduced a transcript of the GMA interview on February 16, 2024 ‘in which the Duke of Sussex discusses possible pursuit of US citizenship’
‘The Duke of Sussex did this despite the fact that it is well known that such admissions can have adverse immigration consequences for non-citizens and despite the fact that he employed leading legal advisers on both sides of the Atlantic.’
DHS has previously publicly stated that foreign persons who enter the country and admit to drug offenses may be “inadmissible.”
It rejected an earlier request from the Heritage Foundation for Harry’s records in June.
In court documents, the department has argued that “the mere admission of this data would constitute an unwarranted invasion of Prince Harry’s privacy.”
Harry and Megan attended the Invictus Winter Games in Vancouver last week
“The data is particularly sensitive because releasing it, even in part, would reveal Prince Harry’s status in the United States, which Prince Harry has not disclosed.”
It continued: ‘Specifically, the documents would reveal the types of documents Prince Harry used to travel to the United States, his admission status and any immigration or non-immigration benefits he may have sought.
“Courts have consistently held that an individual’s visa or immigration status is private, personal information exempt from disclosure.”
Outside court, Nile Gardiner, director of the Heritage Foundation’s Margaret Thatcher Center for Freedom, denounced the US government’s argument that ‘Spare’ was not evidence of drug use.
He said: ‘I think that’s a ridiculous argument. This is Prince Harry’s own work. In his own words. And he has never denied anything in his book, including the case of widespread drug use.”
Sam Dewey, an attorney for the foundation, said, “He put it in the book. It is his statement under the rules of evidence that is admitted. And we saw that when he was questioned by the Supreme Court, he did not deny the statements in the book.
‘The government routinely investigates people for things like books and assumes they are truthful. So I think it was an argument that doesn’t reflect reality.
‘He’s thought about it. He put it in a book. He turned it off. And you’re not really sensationalizing a hard fact. You could write something to make it more interesting and an autobiography, but that doesn’t change the fact.’
Dewey added that he would be “shocked” if Harry had entered the US on a diplomatic visa.
If he had done so, questions would have to be asked in Parliament, he said.
Mr Dewey said: ‘I would be shocked, and I think this would also raise questions in Parliament.
“How would the Secretary of State and the Secretary of the Interior have approved that?”
He said these would be “appropriate questions” for the home and foreign ministers who were in office in 2020, when Harry arrived in the US.