The recent call to action by federal government attorneys to Attorney General Merrick Garland and other senior officials has invoked the words of British abolitionist William Wilberforce: “You may choose to look the other way, but you can never say again that you did not know.” This powerful message was delivered through a letter drafted by legal and policy staff at more than two dozen federal agencies, highlighting the violation of domestic and international law by the U.S. in providing weapons to Israel despite evidence of war crimes in Gaza.
The letter, reminiscent of the infamous “torture memos,” serves as a reminder to fellow attorneys of their binding duty to prioritize following the law over political priorities. It draws attention to 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. Citing evidence from Human Rights Watch, Amnesty International, and other watchdogs, the letter argues that continuing to provide weapons to Israel blatantly violates these laws and international treaties.
The attorneys behind the letter expressed concerns about reprisal and marginalization for speaking out on the issue of Gaza. They emphasized that dissent within the U.S. government is not limited to one department but spans across various agencies. The letter, which was drafted by legal staff with years of experience in the federal government, aims to leverage their familiarity with the system to bring about change.
Timed to coincide with the Biden administration’s deadline to report to Congress on potential violations of international law in Gaza using U.S.-supplied weapons, the letter has sparked discussions within the administration. The 24-page document, meticulously footnoted and devoid of emotional rhetoric, seeks to force a response from senior administration lawyers on whether they agree with the legal analysis presented.
The attorneys hope that their letter will contribute to a groundswell of actions demanding a reevaluation of the administration’s positions on Gaza. They draw inspiration from nationwide campus protests and hope that their efforts will embolden rank-and-file attorneys tasked with analyzing the U.S. government’s legal obligations regarding Israel and Gaza.
In addition to urging a cessation of weapons transfers to Israel, the letter calls on Garland to investigate potential war crimes committed by thousands of U.S. citizens serving in the Israel Defense Forces. While a spokesperson for the Justice Department confirmed receipt of the letter, further comments were declined. The Defense Department referred inquiries to the White House.
The call for change from within Biden’s legal team underscores the gravity of the situation in Gaza and highlights the importance of upholding domestic and international laws. As discussions continue within the administration, the letter serves as a poignant reminder that accountability and adherence to legal principles must prevail over political expediency.