Taking the Sponsors of Palestinian Terror to Court

In 1995, an operative of Palestinian Islamic Jihad (PIJ) drove a van filled with explosives into an Israeli bus, killing the American college student Alisa Flatow along with seven Israelis, and wounding dozens more. With the help of the attorneys Steven Perles and Thomas Fay, Flatow’s father Stephen sued Iran, the main sponsor of PIJ, initiating a legal battle that went on for over a decade. Convincing a U.S. court to award damages proved relatively easy, but convincing the Clinton administration to pay the damages out of Iranian assets proved nearly impossible. M. R. O’Connor tells the story of the case, and the eventual victory:

Perles and Fay . . . knew that within a few miles of their own offices were three pieces of real estate that no one could deny were Iranian: the embassy chancery of Iran, the residence of the minister of cultural affairs of the embassy of Iran, and the residency of the military attaché of the embassy of Iran. All three had been seized by the State Department on April 7, 1980. . . .

Stephen Flatow’s legal team filed a writ of attachment—a court order to seize an asset—for the properties on July 8, 1998. The next day, at a hearing, . . . they were astounded to see over a dozen government lawyers. The government wanted [the court] to deny the writ. . . .

Perles watched as Flatow’s head sank. He had brought the Iranians to court with the belief that he had the powerful will of President Clinton behind him. Instead it seemed he had now gained a formidable foe, one who was prepared to fight him with all the resources available to his administration. . . .

Some time later, the legal team received a tip from the State Department about an FBI investigation into the Alavi Foundation, a private charity that served as an Iranian front organization; perhaps damages could be awarded from its assets:

Perles and Fay sent a request to the Justice Department: would the government support their arguments about the Alavi Foundation in court? They never got a response.

Flatow saw the silence as a double-cross: they had been led to the Alavi Foundation by the government, which then refused to go the next step and give them proof that would win the case. The proceedings revealed how cautiously the administration was protecting its relations with Iran.

It was not until 2000, after multiple interventions by Congress, that Perles and Fay were able to obtain a settlement for their client.

Read more at Atavist

More about: Bill Clinton, Iran, Israel & Zionism, Law, Lawfare, Palestinian terror

 

For the Sake of Gaza, Defeat Hamas Soon

For some time, opponents of U.S support for Israel have been urging the White House to end the war in Gaza, or simply calling for a ceasefire. Douglas Feith and Lewis Libby consider what such a result would actually entail:

Ending the war immediately would allow Hamas to survive and retain military and governing power. Leaving it in the area containing the Sinai-Gaza smuggling routes would ensure that Hamas can rearm. This is why Hamas leaders now plead for a ceasefire. A ceasefire will provide some relief for Gazans today, but a prolonged ceasefire will preserve Hamas’s bloody oppression of Gaza and make future wars with Israel inevitable.

For most Gazans, even when there is no hot war, Hamas’s dictatorship is a nightmarish tyranny. Hamas rule features the torture and murder of regime opponents, official corruption, extremist indoctrination of children, and misery for the population in general. Hamas diverts foreign aid and other resources from proper uses; instead of improving life for the mass of the people, it uses the funds to fight against Palestinians and Israelis.

Moreover, a Hamas-affiliated website warned Gazans last month against cooperating with Israel in securing and delivering the truckloads of aid flowing into the Strip. It promised to deal with those who do with “an iron fist.” In other words, if Hamas remains in power, it will begin torturing, imprisoning, or murdering those it deems collaborators the moment the war ends. Thereafter, Hamas will begin planning its next attack on Israel:

Hamas’s goals are to overshadow the Palestinian Authority, win control of the West Bank, and establish Hamas leadership over the Palestinian revolution. Hamas’s ultimate aim is to spark a regional war to obliterate Israel and, as Hamas leaders steadfastly maintain, fulfill a Quranic vision of killing all Jews.

Hamas planned for corpses of Palestinian babies and mothers to serve as the mainspring of its October 7 war plan. Hamas calculated it could survive a war against a superior Israeli force and energize enemies of Israel around the world. The key to both aims was arranging for grievous Palestinian civilian losses. . . . That element of Hamas’s war plan is working impressively.

Read more at Commentary

More about: Gaza War 2023, Hamas, Joseph Biden