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Prince Harry's U.S. entry and exit records are private and publishing them through a case about his drug use would be "clearly unwarranted," President Joe Biden's administration said in a filing.
The Duke of Sussex described taking drugs, including cocaine, cannabis, magic mushrooms and ayahuasca, in his book Spare, released in January 2023.
The Heritage Foundation argues that he should have disclosed his experiences in his U.S. visa application and that if he did he should have been denied entry.
They want the Department of Homeland Security to publish the application to allow scrutiny over whether Harry either lied or was given an easy ride over his drug use but the department has refused.
Court filings between the two sides have become heated, with the DHS accusing the foundation of drafting "six pages of inflammatory allegations" targeting U.S. Customs and Border Protection (CBP).
The think tank in turn said DHS criticisms of its own conduct were "outrageous" during fallout from a fresh rejection.
CBP declined on appeal to release Harry's entry and exit records, adding to past denials relating to other parts of the visa process.
A letter from CBP to Heritage seen by Newsweek reads: "We find that you have not provided sufficient public interest to outweigh the Duke of Sussex's right to privacy concerning his entry and exit records.
"Without an individual's consent or an overriding public interest, providing the Duke's entry and exit records would constitute a clearly unwarranted invasion of personal privacy."
Heritage's Freedom of Information Act request relies on the notion that the public has a right to know whether Harry's case was mishandled or not.
However, the letter reads: "A 'bare suspicion' of agency misconduct is insufficient. A FOIA requester must produce evidence that would warrant a belief by a reasonable person that alleged Government impropriety might have occurred.
"An allegation of 'public interest' that is nothing more than a general public curiosity in the subject matter of requested records is legally insufficient."
After the rejection, Heritage sent DHS a draft status update it intended to file to the court, prompting the argument between the two sides.
The original draft has not been released but DHS stated in a filing: "This draft included six pages of inflammatory allegations regarding U.S. Customs and Border Protection's ("CBP") handling of the request."
Heritage's filing reads: "[DHS] statements that [the foundation's] position is 'inflammatory allegations' is simply an effort to distract from the record. All [the foundation] have done is recount CBP's own conduct."
Biden administration lawyers are asking for extra time to consider the allegations, blaming the foundation's allegations, while the think tank's lawyers argue: "[DHS's] further suggestion that Plaintiffs' conduct caused Defendant to file [the court filing requesting a deadline extention] is outrageous on the record discussed herein."
The war of words does not appear to have got the foundation any closer to the release of Harry's visa application, though it perhaps hints at the strength of feeling on both sides.
Jack Royston is chief royal correspondent for Newsweek, based in London. You can find him on Twitter at @jack_royston and read his stories on Newsweek's The Royals Facebook page.
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About the writer
Jack Royston is Newsweek's Chief Royal Correspondent based in London, U.K. He reports on the British royal family—including King Charles ... Read more