The Jerusalem Post

State Department announces intent to break law

- • By MARK GOLDFEDER The writer is an internatio­nal lawyer and the director of the National Jewish Advocacy Center.

the us state department announced this week that the Biden administra­tion intends to distribute $235 million in aid to the palestinia­ns, reportedly to “regain their ‘trust and goodwill’ after the trump-era cuts.” the assistance package is set to take effect on april 10.

that decision is shameful, illegal and immoral, and Congress should not let it happen.

it is shameful to blame the palestinia­ns’ loss of aid on former president trump. it was Congress, not trump, who set the conditions for palestinia­n aid. and it was the palestinia­ns, not trump, who violated those terms with impunity. hiding behind fake partisan politics to call what happened “trump-era cuts” is nothing more than revisionis­t history.

it is illegal for the Biden administra­tion to restore that aid because every year since 2014 the united states has made clear in annual appropriat­ion legislatio­n – adopted by a massive bipartisan majority each time – that if the palestinia­n authority were to initiate an internatio­nal Criminal Court investigat­ion, and/or so long as they were actively supporting such an investigat­ion, the us would cut funding for the pa. this requiremen­t was reaffirmed again very recently by a strong bipartisan majority in the Consolidat­ed appropriat­ions act of 2021. despite these clear and repeated warnings, the pa did initiate, and does continue to openly and officially support, just such an investigat­ion. By law they must be held to account for the willful disrespect of and disregard of american laws, values and interests. anything else reflects the soft bigotry of low expectatio­ns.

Finally, restoring aid is immoral because the Biden administra­tion knows exactly what the pa does with its internatio­nal aid money. in a recent non-public report to Congress, the administra­tion confirmed that the pa has continued to use that money to pay stipends through its official “martyrs Fund” to murderous terrorists and their families. the pa spent at least $151m. in 2019 on its “pay-to-slay” program and at least $155m. in 2020. the fact that this program is codified in pa law – including that deadlier attacks get more money, thereby incentiviz­ing bloodshed – is beyond sickening.

Congress was rightfully sickened, and in 2018 it passed an overwhelmi­ngly bipartisan law called the taylor Force act, which prohibits the us government from resuming palestinia­n aid until these payments to terrorists are stopped. taylor Force was a us military academy graduate and veteran of both afghanista­n and iraq. in 2016 he went on a school trip to tel aviv, and he was stabbed to death by a murderous terrorist.

the pa labeled his killer a “heroic martyr” and the murderer’s family began to receive their regular payments alongside all the other glorified killers. it is a disgrace to taylor Force’s memory, and a grave disrespect to the memories of all those who have been killed, to try and curry favor with a government­al authority that would and actually does, certifiabl­y and admittedly, pay to have us murdered.

the Biden administra­tion will likely try to skirt the law by supplying the aid to civic groups instead of the pa directly, but that is not an answer for two reasons: First, the law prohibits any funding that directly benefits the pa,

and there is no question that this is the intention. second, according to a recent report from the us Government accountabi­lity office, between 2015 and 2019, the us agency for internatio­nal developmen­t, which is the agency in charge of distributi­ng this funding,

did not ensure that the subawards from its allocation­s were not going to terrorists.

that is why more than a dozen organizati­ons and more than two dozen members of Congress sent letters to president Biden and secretary of state Blinken last week,

urging them not to let the american people down by rewarding those who disrespect and devalue our very lives. it is not too late to change course, and Congress should make clear that the palestinia­ns need to regain our trust and goodwill before we send them

support. at the very least, we must be absolutely sure that they will not use that very aid to glorify and pay the murderer of an innocent american soldier.

 ?? (Flash90) ?? PROTESTERS BURN pictures of then-US president Donald Trump and Prime Minister Benjamin Netanyahu outside an American Consulate office in Ramallah in 2018.
(Flash90) PROTESTERS BURN pictures of then-US president Donald Trump and Prime Minister Benjamin Netanyahu outside an American Consulate office in Ramallah in 2018.

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