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Confused: State Department Praises Russia for Putting Murdered Lawyer on Trial

February 9, 2012

At Thursday’s State Department briefing, spokesman Victoria Nuland was caught off guard by a question about the ongoing case of murdered Russian lawyer Sergei Magnitsky, who was beaten to death in a Russian prison after exposing corruption by state officials. Associated Press reporter Matt Lee asked Nuland about two-day-old reports in the New York Times and elsewhere that the Russian government plans to proceed with the trial of Magnitsky despite the fact that he died in custody more than two years ago. Foreign Policy’s Josh Rogin reports the exchange:

On Feb. 7, the New York Times reported that the Russian government is moving forward with tax evasion charges against Magnitsky, even though he died in detention in November 2009, reportedly after being abused and then refused medical attention by his captors. The title of the article was "Russia Plans to Retry Dead Lawyer in Tax Case."

Asked about the plan to try Magnistky posthumously at Thursday's press briefing, spokeswoman Victoria Nuland read from her briefing book the following comment:

"We've seen the press reports about the re-opening of the Magnitsky case. We continue to call for Russian authorities to bring those responsible for Sergei Magnitsky's death to justice."

"But this is the case against him, they're going to try him," one reporter told Nuland.

"I thought it was, they were re-opening the case against some who were found guilty," Nuland said.

"No, they're going to try him," the reporter responded. "And he's dead."

Nuland subsequently provided a statement to Foreign Policy stating that, "Pursuing criminal charges against Sergey Magnitsky serves no purpose other than to deflect attention away from the circumstances surrounding this tragic case. We continue to call for Russian authorities to bring those responsible for Mr. Magnitsky’s death to justice." No doubt the State Department is also continuing to following these developments closely.

The full transcript of the exchange is below:

QUESTION: Do you have any comment on the Russians planning to try Sergei Magnitsky posthumously?

MS. NULAND: I do. We’ve seen the press reports about the reopening of the Magnitsky case. We continue to call for Russian authorities to bring those responsible for Sergei Magnitsky’s death to justice.

QUESTION: No, this is the case against him.

MS. NULAND: This is the case against –

QUESTION: They’re going to try him.

MS. NULAND: I thought it was – they were reopening the case against some – more found guilty.

QUESTION: No, they’re going to try him. And he’s dead.

MS. NULAND: Are you confident that --

QUESTION: Well, that’s what I was told earlier today.

MS. NULAND: No, I think it’s a reopening of the case against some of those --

QUESTION: And your position on the bill --

MS. NULAND: -- Who should have been accused the first time.

QUESTION: Your position on the Magnitsky bill on the Hill is the same?

MS. NULAND: It is.