Ever since the arrest of the American citizen, Raymond Davis, for the killing of two Pakistanis in Lahore, the federal and Punjab governments have both faced pressure from American officialdom to let him off. The latest example came on Friday when a US Congressional delegation used its call on the Prime Minister to ask for his release. Prime Minister Yousuf Reza Gilani was only being correct when he said that the courts would decide. Is it intolerable for the bipartisan delegation for a Pakistani judge to decide the fate of an American? The need to leave the judiciary to decide is highlighted because the investigator in the case has determined that excessive force was used. Therefore, the self-defence argument will probably not wash, and Davis criminal liability will be established. However, whether or not the use of force is excessive, is a matter to be determined only by a trial court considering the argument of self-defence in a murder case. Though the prosecution will rely on the investigation finding that excessive force was used, that finding will not bind the trial judge, but obviously he will not ignore it either. Another issue the trial judge will consider, and which only he can decide, is whether he can conduct Davis trial or not. This has become an issue because diplomatic status depends on several factors, with his status a matter of disagreement between the Pakistani government and the US mission here. His alleged diplomatic status is supposed to be a major factor in his defence, and in the efforts for his release, but until it is determined by a court, no Pakistan government would like to act according to what would merely be an interpretation by an interested party. It is almost as if the USA hopes to use the subservience of the Pakistan government so as to get its citizen, from whom it is obtaining unspecified services, released. The Prime Minister alone has not counselled waiting for the trial, but so have the President and the Punjab government. That means that not only are the Punjab and federal governments on the same page, but so are the two major parties of the country, the PPP and the PML-N. Not only is their stand legalistic, but it is also united. All those in the USA trying to get Davis released should desist, because the effort itself means a lack of confidence in the Pakistani courts, which would be a cause of fresh offence, adding to the killing of its citizens.