by message Federal prosecutors this week told Attorney General Merrick Garland and other senior officials, citing British abolitionist William Wilberforce, “They may turn a blind eye, but they may turn a blind eye. I can never again say it didn't happen.”
The draft of the letter is anonymous Legal and policy officials from more than 20 federal agencies say that despite evidence of war crimes in Gaza, the United States continues to provide arms to Israel, in violation of domestic and international law. claims. The letter uses comparisons to the infamous “torture memos” drafted by government lawyers to cover for the CIA's waterboarding and other tactics, warning fellow lawyers to follow the law over political priorities. It reminded me of my strong duty.
Several provisions of U.S. law restrict the sale or provision of weapons to other countries, including the Federal Arms Export Control Act, the Foreign Assistance Act, and the Leahy Act. Citing evidence from Human Rights Watch, Amnesty International, and other watchdog organizations, the open letter argues that continued arms deliveries to Israel are in clear violation of these laws, as well as international treaties. are doing.
“There is strong evidence that U.S. weapons are being used to commit genocide and war crimes against Palestinians in the Gaza Strip,” the letter sent to the Biden administration on Monday said. The letter was addressed to all attorneys at the White House, Department of Justice, Department of State, Department of Defense, and the United States Agency for International Development.
“To the extent that you have been involved in these decisions or have been asked to provide legal analysis of potential violations, we ask that you provide candid advice.”
Lawyers and legal staff from departments including the Department of Justice, Department of Homeland Security, and Department of Labor drafted the letter. Their names were not included. In interviews, four of the letter's organizers, who spoke on condition of anonymity, told The Intercept they feared retaliation.
“Speaking out on the Gaza issue risks retaliation and marginalization,” said a Justice Department lawyer who helped draft the letter and disseminate it to colleagues.
A Department of Homeland Security lawyer who has worked for the federal government for more than a decade said, “There are lower levels of the U.S. government who have publicly and privately advocated for changes in Gaza policy.'' “The opposition is not just within the State Department,” the lawyer said, referring to a series of State Department officials who recently resigned publicly over the Gaza issue.
The signatories of the letter, first reported by Politico, see this as a way to use their knowledge of the federal government's machinery to effect change.
“These aren't kids fresh out of college who are drafting this,” the DHS attorney said.
Their letter comes in time for the Biden administration's deadline to report to Congress on whether Israel is, in fact, violating international law in the Gaza Strip by using U.S.-provided weapons. On Wednesday, the administration missed that deadline but said the report would be finalized in the coming days.
Stylistically, this 24-page, footnoted letter is not a screed. Justice Department policy staff said they chose a cold approach to force Garland and other senior government lawyers to respond.
“The purpose of this is to put people on the record saying, do they agree with this analysis? Do they believe that the United States is not following its own laws and policies?” a Justice Department official said.
“We hope this will lead to further actions and demands for a reassessment of the government's position,” a Justice Department attorney said, noting that protests on campuses across the country have led some federal officials to write a letter. He added that he was inspired to participate in the event.
A State Department official with more than 20 years of policy experience, including foreign aid in the Middle East, says the letter will encourage rank-and-file lawyers tasked with drafting overdue reports and similar analyzes of U.S. government legal affairs. I hope that it may be possible. It is mandatory when it comes to Israel and Gaza.
“We know the task in front of you, so here is the analysis that we think lawyers should do,” the State Department official said. “What's happening here is so outrageous and awful that there is no other way to read the law. We must stop arms transfers to Israel.”
The letter also asks Garland to investigate thousands of American citizens currently serving in the Israel Defense Forces for possible war crimes. A Justice Department spokeswoman confirmed the letter had been received, but declined further comment. A Pentagon spokesperson referred questions to the White House.
