The Magic Show of Ali Sabry: The Gotabaya Citizenship Press Conference and Its Legal Aftermath
A prominent Sri Lankan attorney is currently under investigation by the United States Department of Justice for his role in a press conference that has been described as a "magic show"—a performance that may have altered the course of Sri Lankan political history through questionable legal documents. This article examines the dramatic November 2019 press conference where Ali Sabry presented what he claimed was proof of Gotabaya Rajapaksa's US citizenship renunciation, the subsequent revelations that have cast doubt on those claims, and the federal criminal investigation that now threatens Sabry with serious legal consequences.
The Press Conference That Changed Everything
In late October 2019, just weeks before Sri Lanka's presidential election, opposition parties were in uproar. Gotabaya Rajapaksa, the former defense secretary who had lived in California for years and held dual US-Sri Lankan citizenship, appeared ineligible to contest under Sri Lankan law, which prohibits dual citizens from holding public office.
The stakes could not have been higher. To run for president, Rajapaksa needed to prove he had formally renounced his American citizenship—a process that under US law is neither instantaneous nor politically trivial. The US State Department's standard procedure requires an in-person interview, submission of Form DS-4079, payment of a fee, and crucially, the issuance of a Certificate of Loss of Nationality (CLN), which is the only legal proof that renunciation has taken effect.
Enter Ali Sabry, then acting as Rajapaksa's legal advisor. On November 3, 2019, at a press conference that dominated every local television channel, Sabry strode into a packed room clutching a blue-bound American passport. Standing beside campaign officials, he declared that Rajapaksa was no longer a US citizen, that the formal renunciation had been completed, and that all relevant documentation had been duly submitted to the Sri Lankan Election Commission. "This matter is over," Sabry told the nation. "Gotabaya Rajapaksa is no longer a citizen of the United States".
The Documents Presented
Sabry produced what he claimed was conclusive evidence: the original US passport issued to Rajapaksa in 2012, now stamped "cancel"; the official oath of renunciation taken on April 17 with an embossed seal; and the original certificate of loss of citizenship, allegedly approved by the US State Department.
However, what Sabry did not provide was equally significant. He did not present the US government's renunciation application or any official confirmation from US authorities that the process was complete. Instead, the story was backed by an affidavit provided to the Election Commission—a document whose authenticity would soon be called into serious question.
The Affidavit Controversy
In his rush to counter statements questioning Rajapaksa's eligibility, Sabry posted an affidavit on his official Facebook page purportedly provided by Gotabaya Rajapaksa to the Election Commission setting out his citizenship status.
The first image Sabry posted featured only the signature of the Justice of the Peace who had signed the affidavit—a G.K.A.P.K Kularatne from Maharagama. The cage for the signature of the person declaring the affidavit was empty. Realizing his error minutes later, Sabry deleted the first image and uploaded a second. The second contained the exact same signature of Attorney Kularatne crossing his seal in the same precise way, except the second image included Rajapaksa's signature and a Rs 50 stamp.
Legal experts explained that this sequence of events was deeply problematic. An affidavit is not valid unless the affirmant has signed the affidavit in the presence of the Justice of the Peace. In this case, the signature of the JP had been placed on the affidavit prior to Rajapaksa having signed the declaration—making the affidavit null and void. Lawyers noted that certifying an affidavit before an affirmant has signed it is not only bad in law, but also ex facie fraudulent.
The Timeline Discrepancy
Even more troubling was the timing. According to US consular officials, no renunciation of citizenship can be completed within days, as Sabry's statement implied. "Even in expedited cases, it typically takes between six and eight weeks from the date of the renunciation interview before a CLN is issued," a retired US State Department legal adviser told Lanka E News. "Until that certificate is approved and signed by Washington, the individual remains a US citizen in the eyes of US law".
Reports indicate that Rajapaksa initiated his renunciation process at the US Embassy in Colombo in early August 2019. But the US State Department's own publicly released records show that the corresponding CLN for "Gotabaya Nandasena Rajapaksa" was issued only in December 2019—weeks after his election victory. This discrepancy directly contradicts Sabry's assertion that the renunciation was "complete" by early November.
If the CLN was issued after the election, it means Rajapaksa was still an American citizen when he contested and won the presidency—potentially rendering his election invalid under Sri Lankan law.
The Election Commission's Response
Election Commission Chairman Mahinda Deshapriya later revealed that the Commission had received no formal documentation from the US State Department—only a copy of a renunciation application allegedly filed with the US Embassy in Colombo. A leaked internal memo from the Election Commission, dated November 2019, records that "No Certificate of Loss of Nationality or confirmation from the U.S. State Department has been produced. Only an unsigned application for renunciation was viewed during the consultation with counsel representing Mr. Rajapaksa".
When questioned, Deshapriya explained that the Commission was "not interested" in verifying the authenticity of the documents. "I took a look at it and handed it over to Commissioner Nalin Abeykoon. We were not aware of its authenticity and verifying authenticity is not our job," he said at a press briefing. The Commission, he explained, was solely concerned with five specific qualifications when accepting nominations, and dual citizenship was not among them.
The Federal Investigation
Under US federal law, specifically the statute governing falsification of documents, Sabry could face severe penalties. The law states that "Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States... shall be fined under this title, imprisoned not more than 20 years, or both".
The US State Department has launched a criminal investigation into Sabry for allegedly producing a fake US State Department document during the press conference. The affidavit presented alongside the documents is also being investigated as potentially fabricated. If proven false, Sabry could face additional federal charges.
Mangala Samaraweera's Challenge
Former Finance Minister Mangala Samaraweera had previously claimed that no evidence was provided by Gotabaya regarding the renunciation other than Sabry's affidavit to the Election Commission stating that the renunciation process had started. The affidavit—rather than official documentation from US authorities—became the cornerstone of the claim that Rajapaksa was eligible to run.
The Legal Implications
The case raises serious questions about the validity of the evidence presented. US law requires that a citizen's name be published in the Federal Register after lawful revocation of citizenship. When Sports Minister Harin Fernando noted that Rajapaksa's name had not appeared in the latest Federal Register, Sabry dismissed this as a "diabolical lie," claiming that it could take months or even a year for a name to appear.
However, the critical issue is not the Federal Register but the timing of the CLN. If, as documents suggest, the CLN was issued in December 2019—after the election—then Rajapaksa was still a US citizen when he submitted his nomination papers. This would mean that the affidavit Sabry provided to the Election Commission contained false information regarding the completion of the renunciation process.
The "magic show" of Ali Sabry—producing documents that appeared to confirm a completed renunciation while withholding the critical confirmation from US authorities—may now have serious legal consequences. With the US Department of Justice investigating potential federal crimes, Sabry faces questioning under federal law regarding his comments about Gotabaya's US citizenship status. The case serves as a stark reminder that in the intersection of international law, politics, and legal ethics, presentations that fall short of the full truth can carry heavy penalties.
Sabry, once seen as one of Sri Lanka's most articulate lawyers and later the country's Foreign Minister, now faces a federal criminal case that could include charges of falsifying documents and perjury. As the investigation continues, the full extent of what happened in that press conference—and the consequences for those involved—remains to be seen.