As has been widely reported, the U.S. Justice Department has just announced criminal charges against Hamas leader Yahya Sinwar and five senior members of the group for the October 7 attacks on Israel, as well as other acts of terrorism. To be sure, whether the defendants will ever fall into U.S. custody and see the inside of an American courtroom is obviously doubtful. But the development raises important questions about the continuation of the equivocating Biden policy towards Iran, which the DOJ says provided the wherewithal to the defendants to carry out their crimes.
Here is an excerpt from the official DOJ press release describing the charges:
“Throughout Hamas’ existence, the organization’s ability to carry out acts of terrorism, including the October 7 Hamas Massacres, has been fueled in part by the Government of Iran, particularly the Islamic Revolutionary Guard Corps IRGC) and its Qods Force (IRGC-QF) – the element of the IRGC responsible for conducting external terrorist operations and providing support to terrorist groups – which has supported, supplied, and trained Haas, and by the Lebanon-based Shia Islamic terrorist organization Hezbollah.
“Hamas’ attacks have played a significant role in the Government of Iran’s regional and global campaign of supporting terrorism to weaken and ultimately destroy both the United States and Israel. Hamas’s leaders, including the defendants, have been instrumental in Hamas’ relationship with the government of Iran, including through personal communications with leaders in the Iranian regime.
“Emblematic of this close relationship, Ismail Haniyeh, who had been the chairman of Hamas’ Politburo since 2017, was reported killed in Iran on or about July 31, while visiting Tehran to attend the swearing-in of Iran’s President. Hamas’ leaders, including the defendants, have acknowledged the importance of the support from the Government of Iran and Hezbollah to Hamas’ ability to carry out the October 7 Hamas Massacres, including the IRGC-QF providing Hamas, among other things, rockets and technical assistance necessary to build rockets, and extensive funding for Hamas’ terror wing.”
Thus, the DOJ places Iran at the center of the efforts of the named defendants and their quintessential political and financial enabler. So how can it be that U.S. policymakers should ignore that role in good faith and continue to reduce economic sanctions on Iran and unfreeze Iranian assets, thereby make available funds held by the U.S.?
What’s more, among the charges in the indictment are various conspiracies engaged in by the defendants: conspiracy to murder U.S. citizens, conspiracy to finance terrorism, conspiracy to use weapons of mass destruction resulting in death, and conspiracy to support terrorism resulting in death. But with whom did they conspire if not with Iran in addition to themselves? Indeed, how could Iranian support have been arranged without Iran being a co-conspirator with the named defendants?
Will the White House and State Department pick up where the Justice Department has left off? The New York Times reports on another intriguing dimension to the question.
According to The New York Times, the Justice Department said the charges against the Hamas leaders were kept under seal after they were actually filed in February in the hopes of arresting some of the defendants – including, most prominently Ismail Haniyeh – and to prevent them going into hiding. And the Justice Department had also been concerned that making the charges public would enrage Hamas and endanger the lives of the hostages, particularly Israeli-American Hersh Goldberg-Polin, But the assassination of Haniyeh and the murder of Goldberg-Polin reportedly changed that calculus.
So, the issue of whether Iran policy will follow logic and lead to a breakout of American resolve against an arch predator, or as heretofore, come with collateral baggage, is not clear. But it certainly seems to us the height of ignominy to ignore actions by some for which we want to send others to prison for taking.
