Biden Admin Decision to Hide Info About Palestinian Terrorism From Congress Broke Law, Watchdog Says
Biden administration officials may have broken the law when they erased information about the Palestinian government's terror incitement from a mandatory compliance report submitted to Congress in July, according to a legal watchdog group.Murphy urges U.S. to deprioritize Iran, says Saudis should to ‘come to terms’ with Hezbollah influence
The America First Legal Foundation (AFLF) in a letter sent Wednesday is asking the State Department inspector general to investigate the Biden administration's decision to omit references to the Palestinian government's calls for violence, as well as its support for the Boycott, Divestment, and Sanctions (BDS) movement—issues that are being closely monitored by Congress as the Biden administration restarts millions of dollars in U.S. aid to the Palestinians. Information about Palestinian terror incitement and support for the BDS movement were included in the outgoing Trump administration's October 2020 version of the report, but removed by the Biden administration when it came into office, as the Free Beacon first reported.
The AFLF letter says the Biden administration removed this information to downplay Palestinian intransigence as it renews taxpayer aid to the government. Lawmakers, including a large portion of Republicans, criticized the resumption of U.S. aid, particularly since the Palestinian government subsidizes terrorists and advocates for Israel's destruction. The AFLF has also submitted a Freedom of Information Act request to the State Department for all internal records related to the decision to nix information from the latest congressional report.
The Biden administration "unlawfully [concealed] multiple material derogatory facts regarding the Palestinian Authority's ongoing economic, political, and ideological support for terrorism; economic warfare against Israel; and opposition to regional peace," Reed Rubinstein, AFLF's senior counselor, wrote to acting State Department inspector general Diana Shaw. "It seems these derogatory facts were deleted, expunged, and concealed not because circumstances on the ground had changed, but rather because officials in the Department's Bureau of Near East Affairs and in the Biden White House decided to cover them up, at least in part to facilitate the planned transfer of hundreds of millions of U.S. taxpayer dollars to the Palestinian Authority in potential violation of U.S. law."
If the information was removed in order to keep Congress in the dark about the Palestinian government's ongoing transgressions, it could constitute a violation of U.S. law, according to AFLF's letter.
The watchdog group says the State Department must "immediately open an investigation" into any decision by officials "to conceal and cover up material derogatory facts regarding the Palestine Liberation Organization and the Palestinian Authority from the Congress."
Murphy warned that Lebanon, which has been besieged by a series of crises, is on the brink of becoming a failed state and a source of instability and terrorism that could last decades. He blamed the deteriorating situation in part on a lack of Saudi engagement due to Hezbollah’s influence inside Lebanon.Gaza rockets killed Palestinians, Israelis in 'flagrant' war crimes - HRW
“[The Saudis] are deeply uncomfortable with the role that Hezbollah plays. The Saudis should come to terms with the fact that — at least in the short term — Hezbollah is going to be part of the political infrastructure there,” he said. “It would be much better for the Saudis to be a partner with the United States, with the French and other countries to try to offer the kind of economic support that might provoke political reform that would eventually allow for technocrats and non-sectarian actors to have greater influence in the government. That would lessen the influence of Hezbollah.”
Murphy’s proposals on Iran and Lebanon reflect his broader view of U.S. Middle East policy as severely out of date.
“What we want is to try to midwife a conversation about a regional security architecture, in which the Iranians and the Saudis and the Emiratis aren’t constantly battling with each other through proxy fights,” he said. “I don’t think that our current position in the region — whereby we are essentially giving the Saudi side whatever they need — is actually leading to that détente or to that conversation happening.”
A key part of an altered U.S. strategy must include “play[ing] hardball” with the Saudis,” Murphy continued, dismissing concerns that decreased U.S. influence could create openings for its geopolitical rivals.
“I don’t believe this argument that the Saudis are going to walk away from a security alliance with the United States,” he explained. “They will never get from the Chinese nor the Russians what they get from the United States today… They want us to be tougher on Iran, but they don’t have another potential partner like the United States.”
The report did not mention attacks on Jewish-Israelis that took place in the days leading up to Operation Guardian of the Walls. “Hamas authorities should stop trying to justify unlawful rocket attacks that indiscriminately kill and injure civilians by pointing to Israel’s violations,” Goldstein said. “The laws of war are meant to protect all civilians from harm.”
Abu Hamza, spokesman for Palestinian Islamic Jihad, another Gazan-based terror group, told Al Jazeera that when the terrorist organization discovered that there were children present at targets, “these missions were stopped,” adding “the enemy knows very well what I am talking about.”
Two Israeli children were killed by rocket fire from Gaza during the operation: five-year-old Ido Avigal and 16-year-old Nadin Awad. Abu Hamza’s statement echoed statements the IDF often makes during operations to explain its policies to avoid civilian casualties. The IDF often calls off missions if civilians are spotted at the targeted location.
Palestinian terrorist groups have repeatedly been found to violate the rights of children and place children at risk.
HRW Executive Director Ken Roth, who in May accused Israel of being an apartheid state, came under fire in July after he retweeted a report on the severe spike in antisemitism in the UK during Israel’s war with Gaza in May, implying that Israeli government action was responsible for antisemitism.
Typical: Even as Ken Roth's HRW belatedly reports on Hamas rocket attacks, he pretends that the terrorist group merely "ignores" war crimes, when in fact the double war crime of attacking Israeli civilians from within Palestinian residential areas is Hamas' entire modus operandi. https://t.co/jPthePdl0H
— UN Watch (@UNWatch) August 12, 2021
HRW’s Inconsistency and Incoherence Continues: EJIL: Talk! Symposium on A Threshold Crossed
On 5-9 July 2021, EJIL:Talk!, an influential international law blog, hosted a symposium on “Apartheid in Israel/Palestine”. According to Marko Milanovic, co-editor of the blog, its purpose is to discuss legal issues related to the “increasing trend amongst human rights activists and NGOs of labelling Israel’s policies towards the Palestinians as constituting apartheid”, and specifically to focus on Human Rights Watch’s (HRW) April 2021 publication, A Threshold Crossed. The symposium does not purport to be a comprehensive examination. Rather, it is intended to explore whether and how the crime against humanity of apartheid, initially proscribed specifically in relation to the situation in southern Africa, might be applied to other situations; additionally, as Milanovic noted, how “labels such as apartheid” are employed to create political narratives to “mobiliz[e] and (de)legitimiz[e] power.”
The charge of apartheid against Israel is not new, nor does it reflect a novel or increasing trend.1 However, the five articles written for the symposium and HRW’s response are illuminating in two respects: first, they provide confirmation that the central agenda of the “apartheid campaign” is to delegitimize and demonize Zionism and the existence of Israel within any borders; and second, that HRW’s Threshold is based on an invented legal definition. HRW’s artificial and manipulative process under the façade of systematic legal analysis is used to provide support for, and mutually reinforces, the political objective – to delegitimize Jewish self-determination. HRW’s response also reflects what can (charitably) be described as ongoing incoherence concerning their methodologies, policies, and control over media coverage.
Predictably, the contributions offered by Noura Erakat (Rutgers University and associated with multiple Palestinian NGOs) and Rania Muhareb (Al Haq) attack Israel’s legitimacy as a Jewish state, regardless of borders. Erakat’s post is an historically false screed, labeling Zionism as “defined by discrimination”. Erakat promotes conspiratorial theories, including that “Israel is manifesting to the world what Palestinians have long known: it wants the land without the people and seeks to remain the sole source of authority from the Jordan River to the Mediterranean Sea.” Erakat invokes the calumny, popularized in the 1920s by the antisemite Henry Ford and later revived by the neo-Nazi, KKK Grand Wizard David Duke, of “Jewish supremacy”. Erakat’s conspiracies, rejection of Jewish self-determination, and characterization of Israel as racist could be considered as antisemitism under the International Holocaust Remembrance Association Working Definition.2 It is hard to imagine that a post expressing similar sentiments directed at any other ethnic or religious group would have been published. For example, how many academics in the field of international law call for the dismantling of India because of the 1947 partition and allegations of ongoing discrimination against its Muslim population, much less advocate for it in a highly respected legal publication.
Carola Lingaas, a Norwegian academic, and Joshua Kern, Barrister at 9 Bedford Row and counsel to the Institute for NGO Research, offers in-depth analyses of the legal definition of apartheid, noting material differences between the standards delineated in international legal instruments and those posited by HRW. Professor Eugene Kontorovich details the factual and political distortions endemic throughout Threshold.