The Justice Department announced today [Tuesday] the unsealing of terrorism, murder conspiracy, and sanctions-evasion charges against six senior leaders of Hamas, a designated foreign terrorist organization. The charges relate to the defendants’ central roles in planning, supporting, and perpetrating the terrorist atrocities that Hamas committed in Israel on Oct. 7, 2023 (the October 7 Hamas Massacres), involving the murders and kidnappings of countless innocent civilians, including American citizens, which was the culmination of Hamas’s decades-long campaign of terrorism and violence against Israel and its allies, including American citizens. The defendants are either deceased or remain at large.
... “Yahya Sinwar and the other senior leaders of Hamas are charged today with orchestrating this terrorist organization’s decades-long campaign of mass violence and terror — including on October 7th. On that horrible day, Hamas terrorists viciously massacred nearly 1,200 innocent men, women, and children, including over 40 Americans, kidnapped hundreds more, and used sexual violence as a weapon of brutality,” said Deputy Attorney General Lisa Monaco. “Since that horrific day, we have worked to investigate and hold accountable those responsible, and we will not rest until all those who kidnapped or murdered Americans are brought to justice. "The actual effect of the charges is next to nothing. Half of the accused are dead; the ones that are alive are not going to put themselves in any position to be extradited.
It’s telling that the Justice Department chose to proceed by criminal complaint rather than an indictment. An indictment can be a “speaking” instrument, reciting a narrative framework for the charges, but often it just states the statutory offenses alleged. To get an indictment, the Justice Department has to present the case to a grand jury — which might ask nettlesome questions, like: “Why are we charging a dead guy?” Because an indictment is a necessary step before a defendant can be tried, it usually conveys a seriousness of purpose, a readiness to proceed with prosecution.By contrast, a criminal complaint is just a sworn affidavit by a law-enforcement officer (here, as in most federal cases, it’s an FBI agent assigned to the investigation) attesting that there is probable cause to charge various offenses.
In short, it is literally meaningless.
But could it be perceived as a strong anti-terror statement? Perhaps there is some symbolic value that might frighten Hamas?
Not at all. Especially since there was another similar action taken against another Hamas terrorist, and the US did not do anything to enforce it.
From the same Department of Justice in March 2017:
A criminal complaint was unsealed today charging Ahlam Aref Ahmad Al-Tamimi,.... a Jordanian national in her mid-30s, with conspiring to use a weapon of mass destruction against U.S. nationals outside the U.S., resulting in death. The charge is related to the defendant’s participation in an Aug. 9, 2001, suicide bomb attack at a pizza restaurant in Jerusalem that killed 15 people, including two U.S. nationals. Four other U.S. nationals were among the approximately 122 others injured in the attack. Also unsealed today was a warrant for Al-Tamimi’s arrest and an affidavit in support of the criminal complaint and arrest warrant. The criminal charge had been under seal since July 15, 2013....“Al-Tamimi is an unrepentant terrorist who admitted to her role in a deadly terrorist bombing that injured and killed numerous innocent victims. Two Americans were killed and four injured. The charges unsealed today serve as a reminder that when terrorists target Americans anywhere in the world, we will never forget – and we will continue to seek to ensure that they are held accountable,” said Acting Assistant Attorney General McCord.
The US saying that they will continue to seek to hold terrorists responsible means nothing when it has not done nearly enough to extradite Ahlam Tamimi from Jordan - a country that is heavily dependent on US aid yet has not experienced any real pressure to send Tamimi to the US.
The Tamimi case shows that the US government will do whatever it takes - unless it might upset another government. Jordan has an extradition treaty with the US and has extradited terrorists in the past, but refuses to send Tamimi to the US for trial because she is a hero in Jordan. Even though the US has great leverage over Jordan, it refuses to use that leverage to brig Tamimi to justice.
Does anyone think that the US will put any pressure on Qatar to extradite Meshaal?
When the US says one thing but acts the opposite way, the message is heard loud and clear throughout the Middle East: America will not put its money where its mouth is. Hamas doesn't cower in fear from statements like this - it laughs at them.
You know who Hamas leaders do cower in fear from? Israel, which actually will do whatever is necessary to bring these monsters to justice. And the only true justice possible for Hamas terrorists is to eliminate them.
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