Attorneys Urge White House to Change Course on Gaza
In a powerful message to Attorney General Merrick Garland and other senior officials, federal government attorneys have invoked the words of British abolitionist William Wilberforce, stating, “You may choose to look the other way, but you can never say again that you did not know.” The attorneys argue that the United States is violating both domestic and international law by continuing to provide weapons to Israel despite evidence of war crimes in Gaza. The letter, drafted by legal and policy staff from over two dozen federal agencies, draws comparisons to the infamous “torture memos” and reminds fellow attorneys of their duty to follow the law over political priorities.
The open letter highlights multiple provisions in U.S. law that restrict the sale or provision of weapons to other countries, including the Arms Export Control Act, the Foreign Assistance Act, and the Leahy Law. To support their argument, the attorneys reference evidence from reputable organizations such as Human Rights Watch and Amnesty International, asserting that the ongoing provision of weapons to Israel blatantly violates these laws and international treaties.
The letter, sent to the Biden administration, emphasizes that there is strong evidence of American weapons being used to commit genocide and war crimes against the Palestinian people in Gaza. It is addressed to attorneys at various departments, including the White House, Justice Department, State Department, Defense Department, and the U.S. Agency for International Development. The attorneys urge those involved in these decisions or asked to provide legal analyses on potential violations to render candid advice.
The letter was drafted by attorneys and legal staff from departments such as Justice, Homeland Security, and Labor, among others. However, they chose not to include their names due to fear of reprisal. In interviews with The Intercept, four organizers of the letter spoke anonymously about their concerns over speaking out against the situation in Gaza within the U.S. government. They believe that dissent is not limited to the State Department, as evidenced by recent public resignations of State Department officials over Gaza.
The attorneys who signed the letter see it as an opportunity to use their knowledge of the federal government machinery to bring about change. They emphasize that this is not the work of inexperienced individuals but rather a concerted effort by professionals who have been advocating for policy changes on Gaza. The timing of the letter coincides with the Biden administration’s deadline to report to Congress on whether Israel is violating international law in Gaza using U.S.-supplied weapons. Although the administration missed the deadline, they have assured that the report will be finalized soon.
The letter itself adopts a dispassionate tone, aiming to elicit a response from Garland and other senior administration lawyers. The attorneys hope that this approach will force individuals to take a position on whether they agree with the analysis presented and whether they believe the U.S. is following its own laws and policies. They also express their desire for the letter to contribute to the groundswell of actions and demands for a reevaluation of the administration’s positions, citing nationwide campus protests as a source of inspiration for federal employees to join the cause.
A State Department staffer with extensive policy experience in the Middle East hopes that the letter will embolden rank-and-file attorneys responsible for drafting overdue reports and similar analyses on the U.S. government’s legal obligations regarding Israel and Gaza. The staffer emphasizes that the situation is so egregious that there is no other interpretation of the law but to cease weapons transfers to Israel. The letter also calls on Garland to investigate potential war crimes committed by thousands of U.S. citizens currently serving in the Israel Defense Forces.
While a spokesperson for the Justice Department confirmed receipt of the letter, they declined to comment further. The Defense Department referred questions to the White House. The attorneys behind this letter are hopeful that their efforts will bring about meaningful change and contribute to a reevaluation of the administration’s stance on Gaza.
