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A veteran war crimes lawyer argues that "there are solid grounds to investigate Joe Biden, Antony Blinken, and Lloyd Austin for complicity in Israel's crimes."
A human rights group revealed Monday that on the last full day of U.S. President Joe Biden's term, it encouraged the International Criminal Court to investigate him and two of his Cabinet members for "aiding and abetting" Israeli war crimes and crimes against humanity in the Gaza Strip.
U.S.-based Democracy for the Arab World Now (DAWN) announced that on January 19, it submitted to the ICC Prosecutor Karim Khan a 172-page communication detailing why the tribunal should probe Biden and his former secretaries of defense and state, Lloyd Austin and Anthony Blinken.
Although a fragile cease-fire took effect in Gaza last month, Israel—backed by the Biden administration and Congress—responded to the Hamas-led October 7, 2023 attack with a 15-month blockade and military assault that killed tens of thousands, possibly hundreds of thousands, of Palestinians and left the territory in ruins.
"There are solid grounds to investigate Joe Biden, Antony Blinken and Lloyd Austin for complicity in Israel's crimes," DAWN board member and veteran war crimes lawyer Reed Brody said in a Monday statement. "The bombs dropped on Palestinian hospitals, schools, and homes are American bombs, the campaign of murder and persecution has been carried out with American support. U.S. officials have been aware of exactly what Israel is doing, and yet their support never stopped."
"By investigating and prosecuting U.S. officials, the ICC can deter and discourage further international support for Israeli crimes in Gaza and demonstrate that no one is above the law."
DAWN's document lays out how the United States, under Biden, "provided unwavering direct military and political support to Israel, even after it became manifest that Israel continued to carry out severe violations of international humanitarian law and human rights." That includes at least $17.9 billion in taxpayer-funded military assistance since October 2023, a 381% increase from the around $3.8 billion a year before Hamas' attack.
"In addition to new arms transfers and sales authorizations, the U.S. used pre-existing contracts and additional emergency military aid measures to expedite the delivery of major arms," the submission continues, also noting "the deployment of U.S.-operated military intelligence and active military operations targeting groups posing threats to Israel on other fronts."
Israel—like the United States—is not a party to the Hague-based ICC, but Palestine is. The court in November issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Israeli Defense Minister Yoav Gallant, and Hamas leader Mohammed Diab Ibrahim Al-Masri, also known as Mohammed Deif, who is dead.
DAWN's submission makes the case that "by continuously and unconditionally providing political support and military
support to Israel while being fully aware of the specific crimes committed by Netanyahu, Gallant, and their subordinates, President Biden, Secretary Blinken, and Secretary Austin contributed intentionally to the commission of those crimes while at least knowing the intention of the group to commit the Israeli crimes, if not aiming of furthering such criminal activity."
The group's executive director, Sarah Leah Whitson, said Monday that "not only did Biden, Blinken, and Secretary Austin ignore and justify the overwhelming evidence of Israel's grotesque and deliberate crimes, overruling their own staff recommendations to halt weapons transfers to Israel, they doubled down by providing Israel with unconditional military and political support to ensure it could carry out its atrocities."
"They provided Israel with not only essential military support but equally essential political support by vetoing multiple cease-fire resolutions at the U.N. Security Council to ensure Israel could continue its crimes," Whitson highlighted. She argued that "by investigating and prosecuting U.S. officials, the ICC can deter and discourage further international support for Israeli crimes in Gaza and demonstrate that no one is above the law."
DAWN also recommended that the ICC consider looking into half a dozen other Biden officials including Jake Sullivan, national security adviser; Gina Raimondo, secretary of commerce; Bonnie Jenkins, under secretary of arms control and international security; Stanley L. Brown, acting assistant secretary for the Bureau of Political-Military Affairs; Amanda Dory, acting under secretary of defense for policy; and Mike Miller, acting director of the Defense Security Cooperation Agency.
"It is important for the international community, and Palestinians in particular, to know that the American people do not support the crimes their elected officials committed in Palestine and that American organizations are doing their part to hold these officials accountable," said Whitson. "We have a duty, not just a right, as American civil society, to exercise our free speech to serve truth and seek justice."
So far, efforts to hold Biden and other U.S. leaders accountable for enabling what many experts around the world have called Israel's genocidal assault on Gaza via the U.S. court system have been unsuccessful. That includes a December lawsuit against Blinken backed by DAWN—which was founded by assassinated Saudi journalist Jamal Khashoggi.
"We have tried every available avenue within the U.S. to stop our government's complicity in the outrageous crimes we've witnessed since October 2023 in Gaza," said Raed Jarrar, DAWN's advocacy director. "When domestic institutions fail to uphold black-letter laws prohibiting military support to commit war crimes, we have a particular responsibility as Americans to hold American officials accountable for their roles in those crimes."
Since Biden left office last month, U.S. President Donald Trump has already welcomed Netanyahu to the White House, responded to the warrants by targeting the ICC with sanctions, and promoted a U.S. takeover of Gaza that would involve ethnically cleansing the territory of Palestinians.
"Trump isn't just obstructing justice; he's trying to burn down the courthouse to prevent anyone from holding Israeli criminals accountable," said Jarrar. "His plan to forcibly displace all Palestinians from Gaza should also merit ICC investigation—not just for aiding and abetting Israeli crimes but for ordering forcible transfer, a crime against humanity under the Rome Statute."
"There is no way to overstate how serious a breach this is. And my understanding is that it has already occurred," said the president of Social Security Works.
News that the acting head of the Social Security Administration left her post this past weekend after facing off with Elon Musk's lieutenants over their efforts to access government records set alarm bells blaring, with advocates warning that the unelected billionaire is moving to seize highly sensitive data.
"There is no way to overstate how serious a breach this is. And my understanding is that it has already occurred," said Nancy Altman, president of Social Security Works, a progressive advocacy organization that warned late Monday that "Elon Musk is stealing your personal Social Security data."
The Washington Post and other outlets reported Monday that Michelle King, a veteran of the Social Security Administration (SSA), left her position over the weekend after clashing with members of Musk's Department of Government Efficiency, an advisory commission known as DOGE that President Donald Trump has unleashed on federal agencies.
The New York Timesreported that King stepped down after Musk's cronies sought access to "an internal data repository that contains extensive personal information about Americans."
In King's place Trump installed Leland Dudek, described by the Post as a "manager in charge of Social Security's anti-fraud office," to lead the Social Security agency until a permanent commissioner is confirmed. SSA administers retirement benefits and Supplemental Security Income (SSI) for tens of millions of Americans.
Max Richtman, president and CEO of the National Committee to Preserve Social Security and Medicare, said in a statement that "there is no justifiable reason for Musk and DOGE to have access to Americans' deeply personal information."
"Seniors, people with disabilities, and Americans everywhere of good conscience should be on high alert," said Richtman. "When a dedicated public servant resigns after more than 30 years due to the intrusive activities of Elon Musk and DOGE, that truly is a 'canary in a coal mine' moment."
"If there is an evil intent to punish perceived enemies, someone could erase your earnings record, making it impossible to collect the Social Security and Medicare benefits you have earned."
Altman noted Monday that SSA "has data on everyone who has a Social Security number, which is virtually all Americans, everyone who has Medicare, and every low-income American who has applied for" SSI.
"SSA has comprehensive medical records of people who have applied for disability benefits. It has our bank information, our earnings records, the names and ages of our children, and much more," said Altman. "Older people are disproportionately susceptible to scams. The data at SSA leaking would make the number of scams skyrocket. And, if there is an intent to punish perceived enemies, someone could erase your earnings record, making it impossible to collect the Social Security and Medicare benefits you have earned."
Altman toldThe Associated Press that "if there is an evil intent to punish perceived enemies, someone could erase your earnings record, making it impossible to collect the Social Security and Medicare benefits you have earned."
Musk's team of dozens of staffers—many of whose identities are not publicly known—have infiltrated departments across the federal government with the stated goal of rooting out waste and fraud, which critics say is merely a pretext for gutting critical programs that Trump and the unelected billionaire oppose. On Monday, advocacy groups filed an emergency lawsuit aiming to stop DOGE from accessing taxpayer data from the Internal Revenue Service.
"Hundreds of millions of Americans across the nation file taxes and provide sensitive, personal information to the IRS and they do so knowing that Congress has put in place protections to safeguard their data. DOGE is taking a wrecking ball to these protections and harming hardworking Americans and small businesses in the process," saidSkye Perryman, president and CEO of Democracy Forward. "DOGE must not be permitted to trample on the American people's rights and that is why we are honored to represent our clients in this federal court challenge to put a stop to DOGE's lawless and harmful activities."
Speaking to reporters in the Oval Office last week, Musk claimed without evidence that his team uncovered "crazy things" in a "cursory examination of Social Security."
"We've got people in there that are 150 years old," Musk said. "Now, do you know anyone who's 150? I don't, OK. They should be in the Guinness Book of World Records."
Wiredreported that "computer programmers quickly claimed that the 150 figure was not evidence of fraud, but rather the result of a weird quirk of the Social Security Administration's benefits system, which was largely written in COBOL, a 60-year-old programming language that undergirds SSA's databases as well as systems from many other U.S. government agencies."
"Because COBOL does not have a date type, some implementations rely instead on a system whereby all dates are coded to a reference point. The most commonly used is May 20, 1875, as this was the date of an international standards-setting conference held in Paris, known as the 'Convention du Mètre,'" Wired explained. "These systems default to the reference point when a birth date is missing or incomplete, meaning all of those entries in 2025 would show an age of 150."
"That's just one possible explanation for what DOGE allegedly found," the outlet added. "Musk could also have simply looked up the SSA's own website, which explains that since September 2015 the agency has automatically stopped benefit payments when anyone reaches the age of 115."
Martin O'Malley, the former governor of Maryland who served as SSA commissioner under the Biden administration, told the Post that Musk's team "will break" the Social Security system if they're given unfettered access.
"They will break it fast," O'Malley warned, "and there will be an interruption of benefits."
This story has been updated to include a statement from the National Committee to Preserve Social Security and Medicare.
Why did the Democrats under former President Joe Biden choose to transform the party into one that embraced war and glorified warmongers like Cheney, while protecting and enabling a genocide?
In less than three weeks, U.S. President Donald Trump secured a cease-fire in Gaza, spoke directly to Russian President Vladimir Putin and Ukrainian President Volodomyr Zelensky, and kickstarted diplomacy to end the Ukraine war. At the same time, he has also put forward some idiotic ideas, such as pushing Palestinians out of Gaza and making Canada the 51st state.
But it raises important questions: Why didn't the Biden administration choose to push for an end to the wars in Gaza and Ukraine? Why didn't the majority of the Democrats demand it? Instead, they went down the path of putting Liz Cheney on a pedestal and having former Vice President Kamala Harris brag about having the most lethal military in the world while Trump positioned himself as a peace candidate—justifiably or not.
A profound reckoning is needed within the Democratic Party to save it from slipping into becoming neocon by default.
Undoubtedly, Trump's plans in Gaza may make matters worse and his diplomacy with Putin may fail. But that isn't the point.
The point is: Why did Trump choose to pursue diplomacy and seek an end to the wars, and why did the Democrats under former President Joe Biden choose to transform the party into one that embraced war and glorified warmongers like Cheney, while protecting and enabling a genocide?
What happened that caused the party to vilify its own voices for peace—such as Reps. Ilhan Omar (D-Minn.) and Rashida Tlaib (D-Mich.)—while embracing some of the architects of the Iraq war?
And all of this, of course, in complete defiance of where the party base was (throughout the Gaza war, the base supported a cease-fire with 70% majority, for instance).
A profound reckoning is needed within the Democratic Party to save it from slipping into becoming neocon by default.
And with the pace at which Trump is moving, that reckoning needs to come fast. It will, for instance, be a severe mistake if the party positions itself to the right of Trump and reflexively opposes him on every foreign policy issue instead of basing the party's positions on solid principles, such as centering diplomacy, military restraint, and peace. Trump currently speaks more about peace than the Democrats do.
A senior Democratic lawmaker asked me rhetorically last week if I knew anyone who was happy with the foreign policy of Biden and voted for Harris on that basis.
I was happy to hear that the question was being asked. That's a good first step.