FBI’s Shireen Abu Akleh probe is a watershed moment in U.S.-Israel ties
Shireen Abu Aqleh reporting from Jerusalem in June 2021
Ben Samuels writes in Haaretz on 15 November 2022:
The FBI’s decision to open a criminal investigation into the killing of a Palestinian-American journalist is a watershed moment in the history of the U.S.-Israel relationship.
While it may remain a symbolic gesture, the decision itself is a milestone in a truly unprecedented pressure campaign from Democratic members of Congress pushing a Democratic administration to take a firm stance against Israel.
Regardless of whether the investigation leads to criminal charges, the move is both a stark example and a harbinger of things to come concerning the Democratic Party’s evolving relationship with Israel – particularly as it watches Prime Minister-in-waiting Benjamin Netanyahu begin to form an unprecedentedly right-wing coalition.
Congressional Democrats immediately decried Abu Akleh’s killing, though only progressives consistently critical of Israel publicly implicated Israel over its role – criticism Israeli diplomats met with rare public rebukes in response.
Widespread criticism engulfed Israel, however, after security forces brutalized mourners at her funeral. This extended to the administration, where U.S. President Joe Biden and Secretary of State Antony Blinken explicitly condemned Israel’s treatment of mourners while taking a cautious approach to the circumstances surrounding the killing itself.
Days later, 57 House Democrats – a notable quarter of the House Democratic caucus – urged the State Department and the FBI to launch its own investigation. It notably asked the State Department to determine whether any U.S. laws protecting Abu Akleh were violated.
Sens. Jon Ossoff and Mitt Romney, a Jewish Democrat and a noted pro-Israel Republican, issued a rare bipartisan call demanding the administration ensure a full, transparent probe seen to completion, without explicitly mentioning Israel nor the Palestinians.
In explaining his rationale to Haaretz, the Georgia senator articulated why so many democrats were outraged over the killing. “Not only was a journalist killed in the course of reporting; she was also a U.S. citizen,” he said. “The U.S. Congress and the U.S. government has a profound obligation to ensure that justice is served for her death. We cannot accept the killing of an American journalist killed in the course of reporting without accountability.”
The area where Abu Akleh was shot, near Jenin the West Bank
As video footage revealed Abu Akleh and her colleagues were wearing clearly identifiable press identification, 24 additional Democratic senators – nearly half of those in congress – directly implored Biden to involve the U.S. in the probe, three weeks prior to his visit. The State Department would soon issue a carefully worded statement on its overseen investigation opting not to exonerate Israel, saying it was “likely” responsible, while stressing the damaged fatal bullet prevented a clear conclusion.
Outraged progressive Democrats took the offensive: 13 House Democrats sponsored an amendment to the National Defense Authorization Act (the annual bill that details U.S. defense spending and policy) demanding a U.S. investigation, calling on the heads of the FBI, State Department, National Intelligence and Defense Department to identify those responsible for her death.
Pro-Israel Democrats such as Senate Foreign Relations Committee Chair Robert Menendez and Sen. Cory Booker, meanwhile, requested a senior-level classified briefing on the investigation details, including the extent of American involvement, imploring Biden to press for accountability during his visit.
Sens. Chris Van Hollen, Chris Murphy, Patrick Leahy and Dick Durbin – four of the most respected lawmakers in the Democratic caucus, and close allies of Biden – wrote Blinken on the eve of Biden’s arrival to Israel stressing that the involvement of the United States’ security coordinator hardly constituted an independent investigation.
They demanded Blinken answer a range of questions on the matter concerning American participation, witness interviews, evidence reviewed, expert opinions, forensic examinations, other media investigations, crime scene visitation, the timeline of its findings and further steps on accountability.
The Abu Akleh family slammed the Biden administration’s handling of the investigation, calling on him to meet with them in Bethlehem during his visit and divulge all of the information gathered concerning the killing. Instead, Blinken opted to invite the family for meetings in Washington following the visit.
During their visit to Washington, the family said Blinken offered “some commitments” but did not commit to a U.S. investigation. The administration, meanwhile, continued to strongly indicate to lawmakers demanding answers that it would not involve itself in a probe, instead pushing Israel to publicly release the findings of its own investigation while encouraging cooperation between Israel and the Palestinian Authority.
Abu Akleh’s family would meet with several key Democrats from both houses of Congress following the Blinken meeting, all of whom publicly lent support for a U.S. probe. The family’s efforts – which gained support among politicians, pop culture figures and religious leaders around the world – played a crucial role in keeping this matter at the forefront.
Other lawmakers took further action hoping to compel the administration to act via legislation. Van Hollen and Leahy, chairman of the Appropriations Committee, introduced legislative text inside the committee’s State and Foreign Operations report requiring Blinken to report to Congress what the U.S. is doing to support an investigation into the killing.
Joined by Durbin, Murphy and Sens. Jeanne Shaheen and Jeff Merkley, the lawmakers said “we will continue working to get the full truth about this tragedy, ensure accountability, and make clear our unwavering support for freedom of the press and the safety of journalists around the world.”
Senior U.S. officials such as Blinken, Deputy Secretary of State Wendy Sherman and Barbara Leaf, the State Department’s most senior diplomat for the Middle East, began exerting more pressure on their Israeli counterparts to conclude and publish its findings into the killing. Van Hollen would grill Leaf on the state of affairs, condemning the administration’s failure to lead an independent probe.
When Israel finally published its review, which found a high probability that accidental Israeli fire was responsible, the U.S. welcomed the review though reiterated its call for accountability. The administration further asked Israel to re-examine its rules of engagement in the West Bank and to implement policies and procedures to prevent future incidents similar to the killing.
Congressional Democrats, meanwhile, continued their unrelenting pressure. They noted the Israeli report failed to address the key questions around her death, it went against public investigations from leading media sources and that it underscored the need for an independent U.S. inquiry. Days later, the Senate Foreign Relations Committee passed an amendment requiring the State Department to provide senators with the report overseen by the United States Security Coordinator on the killing.
The family of Shireen Abu Akleh leaves the State Department in Washington DC, following a meeting with Secretary Blinken
The amendment, which was attached to the Manager’s package of the State Department Authorization Act, was included in the legislation that passed committee, and will now head to the floor to await consideration before the full Senate.
In order for the legislation to actually go into effect, it needs to pass through the House, where there is likely hope it will be attached to the annual National Defense Authorization Act or the stopgap funding measure known as a continuing resolution. It will likely head to a special conference committee made up of Senate and House members who work together to make up the differences between the legislation written in each chamber of Congress.
Senate Democrats would take an even more dramatic measure days later, introducing an amendment requiring an independent State Department investigation referring to the so-called “Leahy Law,” which prohibits military assistance to foreign security forces that violate human rights.
The law is named after the veteran Vermont Senator, who has stated that “an independent, credible investigation – meaning not by the IDF and not by the Palestinian Authority – but with their full cooperation, must be conducted and the findings made public. Whether her killing was intentional, reckless, or a tragic mistake, there must be accountability. And if it was intentional, and if no one is held accountable, then the Leahy Law must be applied.”
If a legally mandated and credible State Department investigation found that Israel committed an extrajudicial killing in violation of Leahy Law, according to U.S. law, then the State Department’s Bureau of Democracy, Human Rights, and Labor would get involved and essentially sanction the IDF unit in question from U.S. military assistance.
It is unclear, however, how the Leahy Law would operate in practice given how foreign military financing to Israel is legally stipulated. While the chances this amendment will eventually pass Congress as part of an end-of-year omnibus package are slim, its political significance was undeniable.
The FBI decision to investigate could lead to an unprecedented clash over a potential U.S. interrogation of Israeli soldiers implicated in the killing, putting the future Netanyahu government on a collision course with the U.S.
Shortly after the FBI’s investigation was revealed, 19 House Democrats — led by Rep. Andre Carson — introduced the “Justice for Shireen Act” on Monday. The bill is the first standalone legislation on the matter, and copies the language from the NDAA amendment requiring a report on the killing.
“Our thoughts remain with the Abu Akleh family as they grieve this tremendous loss. Not only was Shireen an American citizen, she was a fearless reporter whose journalism and pursuit of truth earned her the respect of audiences around the world,” a State Department spokesperson said.
The Abu Akleh family issued a statement on Tuesday, saying that they are encouraged by the news coming six months after the incident: “Our family has been asking for U.S. investigation since the beginning, and that is what the U.S. should do when a U.S. citizen is killed abroad, especially when they are killed by a foreign military.”
The statement also conveyed the family’s hope “that the U.S. will use all of the investigative tools at its disposal to get answers and hold those who are responsible for this atrocity accountable. This is an important step towards accountability and gets our family closer to justice for Shireen.”
The Palestinian Foreign Ministry welcomed the news, saying “this decision, albeit a late one, reflects the certainty of the U.S. side for the lack of any serious Israeli investigations and slams them as mere attempts to cover up for criminals and murderers.” It added the Palestinian side is ready to fully cooperate with any international or U.S. investigation into the killing.
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