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"Members of the Biden administration unwilling to rein in Israel and furthering its genocide in Gaza need to go to jail," said the human rights attorney representing Veterans for Peace.
An organization representing anti-war U.S. veterans urged the Justice Department on Monday to immediately impanel a grand jury to investigate—and, if necessary, indict—Secretary of State Antony Blinken for lying to Congress, unlawfully refusing to cut off American military aid to Israel, and "conspiring to cause genocide of Palestinians."
The call from Veterans for Peace (VFP) comes days after the investigative outlet ProPublicapublished a detailed account of how the U.S. State Department submitted a report to Congress that contradicted the findings of the department's own experts and those of other agencies.
The Blinken-led State Department's May report concluded that Israel was not "prohibiting or otherwise restricting the transport or delivery of U.S. humanitarian assistance," despite internal assessments from State Department experts and the U.S. Agency for International Development (USAID) arguing that Israel had deliberately impeded American aid shipments to Gaza and that weapons transfers to the country should be cut off in line with Section 620I of the U.S. Foreign Assistance Act.
In a letter addressed to the Justice Department's Human Rights and Special Prosecutions Section and U.S. District Attorney Matthew Graves, VFP specifically cites ProPublica's reporting and states that "Blinken's failure to implement U.S. federal law and halt weapons shipments to Israel touches upon both domestic and international law."
"Secretary Blinken's lack of candor with the Congress to continue the provision of military aid to Israel meant concealing the existence of the USAID and State Department reports showing repeat violations of aid requirements," the new letter reads. "The concealed reports explicitly recommended the immediate cutoff of military aid to Israel. By allegedly lying to Congress, Secretary Blinken caused ongoing genocidal acts and war crimes against the Palestinians by continuing the supply of weapons and munitions to Israel."
"The Israeli military continues detonating massive bombs in southern Beirut—bombs they would not possess but for Antony Blinken's repeated violations of federal laws."
The letter also points to the role of U.S. Ambassador to Israel Jack Lew in ensuring the continued flow of American arms to Israel even as human rights organizations accumulated overwhelming evidence that Israeli forces were using the weapons to commit horrific war crimes in Gaza. According to ProPublica, Lew "sent Blinken a cable arguing that Israel's war cabinet... should be trusted to facilitate aid shipments to the Palestinians" and "recommended continuing to provide military assistance."
"The alleged wrongdoing of Secretary of State Blinken of lying to Congress, supported by what looks like willful provision of inaccurate information from Ambassador Lew, combined to save Israel from interruption of U.S. provision of weapons and munitions," VFP argued in its letter. "Thus Israel was able to continue to perpetrate war crimes and genocidal acts."
The group wrote that Blinken and Lew "appear to have violated the objectives of U.S. foreign policy against fomenting war, against allowing war crimes, and against the commission of human rights violations," which "enabled Israel to breach the Genocide Convention and the orders of the International Court of Justice."
Terry Lodge, VFP's human rights counsel, said in a statement Monday that "the Israeli military continues detonating massive bombs in southern Beirut—bombs they would not possess but for Antony Blinken's repeated violations of federal laws aimed at halting human rights and war crimes violations."
"Members of the Biden administration unwilling to rein in Israel and furthering its genocide in Gaza need to go to jail," Lodge added.
VFP's letter came days after the U.S. and Israel reached a deal for an additional $8.7 billion in American military support, even as the Israeli military continues to obstruct aid deliveries in Gaza, bombard the enclave's starving population, and expand the assault on Lebanon.
In an appearance on MSNBC last week, USAID Administrator Samantha Power brushed off host Andrea Mitchell's question about ProPublica's reporting, downplaying her agency's assessment of Israel's aid obstructions as "a report from months ago."
ProPublica reported last week that USAID sent Blinken "a detailed 17-page memo" that "described instances of Israeli interference with aid efforts, including killing aid workers, razing agricultural structures, bombing ambulances and hospitals, sitting on supply depots, and routinely turning away trucks full of food and medicine."
Susan Schnall, VFP's president, said Monday that U.S. military aid to Israel amounts to "a theft from millions of Americans who have none of the health insurance every Israeli enjoys; from millions of Americans living in horrific housing while Israel builds thousands of upscale homes on land stolen from Palestinians; from millions of young Americans can't afford college because America's top priorities are weapons and death, not human needs."
The head of the U.S. Agency for International Development admitted during congressional testimony on Wednesday that famine is already underway in the Gaza Strip, publicly confirming an assessment that her agency's officials outlined in a cable to the White House last week.
USAID Administrator Samantha Power, a well-known liberal interventionist and the author of a famous book on American leaders' failure to act in the face of genocide, answered in the affirmative after U.S. Rep. Joaquin Castro (D-Texas) asked whether "famine is already occurring" in Gaza, which is under a suffocating Israeli siege and relentless bombing campaign.
"Yes," said Power. "In northern Gaza, the rate of malnutrition prior to October 7th was almost zero, and it is now one in three—one in three kids."
During her opening statement at Wednesday's House Foreign Affairs Committee hearing, Power said that "nearly the entire population" of Gaza is "living under the threat of famine."
"USAID teams have been working day and night to address the catastrophic humanitarian crisis," said Power, who earlier this year was confronted by current and former USAID officials over the Biden administration's support for Israel's assault on the Palestinian territory, which the United Nations' highest court has deemed a plausible genocide.
The hearing was interrupted by peace activists with CodePink, who pointed to the number of children Israeli forces have killed in Gaza and condemned the USAID chief for "not using her power and influence to end" the assault.
"Will Samantha Power continue to be a bystander and be complicit in genocide? Or will she, in her own words, be an upstander to stop the genocide?" asked Jennifer Koonings, one of the activists who took part in the protest.
Power's remarks to the House panel came after HuffPost's Akbar Shahid Ahmed reported that USAID officials drafted a cable describing the spread of malnutrition in Gaza as "unprecedented in modern history" and warning that deaths from starvation will likely "accelerate in the weeks ahead"—echoing the conclusions of U.N. experts and human rights organizations.
The cable, Ahmed wrote, "shows the Biden administration is aware of the risk that the death toll there will rise dramatically as it continues to support Israel's operation and resist calls for a permanent end to the war."
Last week, hours after Israeli forces killed seven World Central Kitchen aid workers in a series of targeted airstrikes, The New York Timesreported that the Biden administration is pressing Congress to approve a proposed sale of $18 billion worth of F-15 fighter jets to Israel despite U.S. laws barring aid deliveries to nations committing war crimes and obstructing the delivery of American humanitarian assistance.
In late March, the Biden administration quietly approved weapons packages that included more than 1,800 2,000-pound bombs, which the Israeli military has repeatedly dropped on densely populated areas of Gaza.
"The idea that we have supplied and are continuing to supply 2,000-pound bombs which could wipe out an entire block and other military aid is unacceptable," U.S. Sen. Bernie Sanders (I-Vt.) told journalist Christiane Amanpour in an interview that aired earlier this week.
"There is an imminent risk of famine for the majority, if not all, the 2.2 million population of Gaza. This is not a point in debate."
Fears of mass starvation in the Gaza Strip have mounted in recent days as Israel continues to restrict the flow of necessary aid to Gaza, sparking accusations that the Netanyahu government is using hunger as a weapon of war—a grave violation of international law.
"There is an imminent risk of famine for the majority, if not all, the 2.2 million population of Gaza," David Satterfield, the U.S. special envoy for Gaza humanitarian efforts, said Wednesday during a virtual event hosted by the American Jewish Committee.
"This is not a point in debate," he added. "It is an established fact, which the United States, its experts, the international community, its experts assess and believe is real."
A report released earlier this week by the International Crisis Group found that the Israeli government has been directing limited Gaza aid to "big families who agree to embrace its agenda, while targeting those who refuse."
"It has not coordinated military with humanitarian action, endangering aid workers and recipients, and frequently halting convoys," reads the damning report. "It has attacked civilian police, citing links to Hamas, and compelled their retreat, which leaves supplies vulnerable to plunder, whether by profiteers or the desperately hungry. It has tried to work around the international aid system and its protocols for famine prevention and response, doling out assistance on an ad hoc basis in hopes of building a network to administer Gaza on its behalf after the war."
An invasion would have "catastrophic humanitarian consequences, including mass civilian casualties, extensive population displacement, and the collapse of the existing humanitarian response," the cable warned.
An Israeli invasion of Rafah would have "catastrophic" consequences for the 1.5 million civilians sheltering in the southern Gazan city, a U.S. diplomatic cable has warned.
The cable, written by members of the Bureau for Humanitarian Assistance at the U.S. Agency for International Development (USAID), was sent from Jerusalem to the State Department in Washington, D.C. on Monday and reported by The Intercept on Tuesday.
"A potential escalation of military operations in within Southern Gaza's Rafah Governorate could result in catastrophic humanitarian consequences, including mass civilian casualties, extensive population displacement, and the collapse of the existing humanitarian response, multiple relief actors have warned USAID's Levant Disaster Assistance Response Team," the cable reads.
"A 'military incursion' into a tent city of unarmed civilians is a horrifying, psychopathic action."
It comes amid increased protests against a potential Rafah invasion and international calls for a cease-fire in an attack that the International Court of Justice has deemed a plausible genocide. Israel's assault on Gaza has already killed more than 30,000 people, displaced at least 85% of the population, and induced a famine that is killing children through starvation and dehydration.
The Biden administration faces mounting domestic pressure to push for an end to the onslaught. However, the cable was publicized the same day that Secretary of State Anthony Blinken met with Israeli War Cabinet Member Benny Gantz and did not categorically reject a Rafah invasion. Instead, Blinken reportedly "underscored the need for a credible and implementable humanitarian plan prior to any major military operation in Rafah, given the risks to civilians."
Yet the stark language of the cable belies the possibility of such a plan.
"At present, there appear to be no viable evacuation options for the 1.5 million in Rafah," the cable said.
The Rafah Governorate, which it said was comparable in size to Syracuse, New York, has seen its population increase by more than sevenfold since Israel began its assault on Gaza following Hamas' deadly incursion into Southern Israel on October 7. The Israeli military ordered civilians to flee southward for safety, and now those who heeded those calls have nowhere else to go.
"A large portion of those residing in Rafah, including elderly populations, exhausted IDPs [internally displaced persons], and those with reduced mobility, would likely remain in the governorate during the potential military operation due to lack of viable alternatives, heightening the risk of mass casualties," the cable said.
It described the situation in Rafah as already dire. Many people entering Rafah from the north had their belongings seized by the Israel Defense Forces and then had to spend months trying to find basic items like blankets. The services that do exist are overwhelmed.
"The impact of hostilities has stretched the capacity of Gaza's health system beyond its limit," the cable said.
In addition, Israel been ramping up a bombing campaign against Rafah, leading to "escalating panic and increased breakdown of social order," the cable said.
Reacting to the cable, journalist Heidi Moore said on social media that its assessment of a potential Rafah invasion as "catastrophic" was "the only conclusion."
"A 'military incursion' into a tent city of unarmed civilians is a horrifying, psychopathic action," Moore added.
It is unclear how much influence the cable will have with the administration. In addition to the State Department, copies of it were also sent to the National Security Council, secretary of defense, and the CIA.
USAID declined The Intercept's request for comment, but pointed to previous remarks of Administrator Samantha Power, who said in late February that the U.S. could not support a Rafah campaign without a "credible plan to protect civilians" and that it had "seen no credible plan."