EXCLUSIVE: DOJ Lawyers Press Merrick Garland to Investigate Israel’s Killing of American Citizens
In an internal letter to the Attorney General, the lawyers highlight “potential violations” of US law as well as the silence of their own department
Attorneys at the Department of Justice have sent a letter to Merrick Garland, pressing the US attorney general to “investigate potential violations of U.S. law by Israel’s government, military, and citizenry, and hold the perpetrators to account.”
The letter, exclusively obtained by Zeteo, represents increasing internal discontent over the DOJ’s silence as the Israeli government, supported by US citizens and organizations, allegedly violates US and international laws – in contrast to the department’s willingness to announce charges against Hamas leaders over the Oct. 7 attack. It also comes as the Israeli government responds to US requests to heed US and international laws by escalating its violation of them.
“We honor the Department’s commitment to investigating and prosecuting crimes regardless of the perpetrator’s race or nationality and regardless of political considerations. We know you do too, Attorney General Garland,” the letter’s authors write, citing a speech Garland delivered to the department last month.
“In your speech, you stressed the importance of the ‘fair and impartial application of our laws.’ You also quoted the Principles of Federal Prosecution and reminded us that, as attorneys for the government, we should not be influenced by, among other factors, a person’s background, our feelings concerning the victim, and the effect of a charging decision on our professional and personal circumstances. You told us that ‘we must treat like cases alike,’ … And finally, you insisted that, guided by these norms, ‘we will not allow this nation to become a country where law enforcement is treated as an apparatus of politics.’”
The attorneys highlight three categories of potential US code violations the DOJ could investigate:
The killing of US citizens by Israeli citizens and soldiers in recent years (including Ayşenur Eygi, Kamel Ahmad Jawad, Jacob Flickinger, Tawfiq Abdel Jabbar, Mohammad Khdour, Omar Assad, and Shireen Abu Akleh).
Israel’s illegal settlement activity in the occupied West Bank, assisted by US citizens and organizations.
Evidence that Israeli forces may have committed war crimes and engaged in torture – including killing thousands of civilians, forcibly displacement and starvation, unlawful confinement, torture and inhumane treatment of detainees, and mass destruction of civilian property and infrastructure.
“Of course,” the attorneys note, “U.S. courts have jurisdiction over the more than 23,000 U.S. citizens currently serving in Israel’s armed forces, along with IDF members or other Israeli officials that travel to the United States.”
The letter, dated Oct. 21, is simply signed by “your colleagues.” The Attorney General’s office did not immediately respond to a request for comment.
In 2022, the DOJ launched an investigation into Israeli forces’ killing of Palestinian-American journalist Shireen Abu-Akleh. Any results of the probe, however, remain to be seen nearly two years later, noted Brian Finucane, senior adviser of the International Crisis Group think-tank. “We don't know to what extent the FBI has been tasked, more broadly, to look into the IDF’s killing of Americans in the West Bank, Gaza, and Lebanon – or to examine the conduct of Israeli officials who visit the United States,” said Finucane, who previously worked for the State Department and advised the US government on legal and policy issues related to counterterrorism, the use of military force, and partnered military operations.
Finucane also pointed to the fact that the International Criminal Court’s top prosecutor is seeking arrest warrants against Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant for alleged war crimes. “So, to what extent is the DOJ looking into these accusations? … the US has an affirmative obligation under international law to prosecute or extradite those responsible for grave breaches. And the question is whether or not DOJ is actually implementing US treaty obligations.”
“Stark Omission”
In Monday’s letter, the DOJ attorneys write that the department “has appropriately demonstrated its commitment to upholding the rule of law in the midst of ongoing geopolitical conflicts” when it came to Russia, Hamas, and others, but that, “against the backdrop of numerous potential violations of U.S. law by individuals and entities affiliated with Israel, the Department’s silence and apparent inaction is a stark omission.”