Saudi journalist Khashoggi was killed by Saudi agents in 2018 at the kingdom's Istanbul consulate in an operation that US intelligence says Saudi Arabia's Crown Prince Mohammed bin Salman approved.
Ahead of the ruling, Human Rights Watch had warned that transferring the trial to Riyadh would block justice.
Khashoggi, a journalist and vocal critic of Saudi policy, was murdered in 2018 in what is widely considered to have been a hit orchestrated by Saudi Arabia.
The main point of the talks between US and Saudi Arabian officials was to discuss the conflict in Yemen and ways to arrange a ceasefire.
The Pegasus Project said it had a list of phone numbers belonging to journalists, human rights activists and others that were potentially under surveillance by governments using the Pegasus software.
the UN expert on summary killings, has said that a Saudi official threatened at a Jan. 2020 meeting in Geneva that she would be "taken care of" if she was not reined in following her investigation.
"America does not have the right to bully a strategic regional ally," Khaled al-Malik wrote in local Al Jazirah newspaper.
The murder caused a global uproar and tarnished the reformist image of Prince Mohammed, and strained the relationship between the US and its closest Arab ally.
The officials said the report, for which the CIA was the main contributor, assessed that the crown prince approved and likely ordered the murder of Khashoggi.
If carried out as planned, the call will be Biden's first conversation as president with the Saudi king.