Attorneys inside and outside the administration urge Biden to cut off arms to Israel

A coalition of lawyers domestic and abroad — including at least 20 that work in the Biden administration — are calling on President Joe Biden to halt military aid to Israel, arguing that its actions in Gaza do not comply with U.S. and international humanitarian law.

They plan to send a letter arguing their case to Attorney General Merrick Garland and general counsels across the administration in the coming days. In the letter, obtained by POLITICO, the lawyers contend that Israel likely violated U.S. statutes including the Arms Export Control Act and Leahy Laws as well as the Geneva Conventions prohibiting disproportionate attacks on civilian populations.

The group that drafted the letter includes current attorneys from the Department of Homeland Security and the State Department. While the letter is still circulating for signatures, so far more than 90 lawyers have signed on, including from the departments of Justice, Labor and Energy, along with lawyers at the European Commission and in the private sector.

It’s the latest sign of dissent inside the administration over its Israel policy. It also comes at a key time — a week before the White House faces a May 8 deadline to certify to Congress that its ally’s military actions involving American-supplied weapons adhere to U.S. or international law.

Over the weekend, Reuters reported that some senior U.S. officials told Secretary of State Antony Blinken in an internal memo that they doubt the credibility of Israel’s assurances on the use of U.S. supplied weapons in line with international law. And in February, more than 800 officials in the U.S. and abroad signed an open letter of dissent over their government’s support for Israel’s war in Gaza.

The lawyers argue that civil servants have a duty to give advice free from improper political direction, and cite indiscriminate bombardment of the besieged enclave resulting in high civilian casualties, the strikes on aid convoys and bombings of schools and hospitals as examples of violations.

"The law is clear and aligned with the majority of Americans who believe the U.S. should cease arms shipments to Israel until it stops its military operation in Gaza," the letter states, citing polling showing most Biden supporters want an arms embargo imposed.

The letter additionally calls for the Justice Department to investigate whether any U.S. citizens serving in the Israeli military may have committed war crimes that could be prosecuted under U.S. law.

The White House and Department of Justice did not immediately respond to requests to comment.

The letter comes just weeks after Congress approved roughly $26.3 billion in total aid for the region, including about $15 billion in military assistance to Israel.

"This is a moment where the U.S. government is violating its own laws and policy," said a Department of Justice staffer who signed the letter and was granted anonymity to speak candidly to not risk their job. "The administration may be seeing silence or only a handful of resignations, but they are really not aware of the magnitude of discontent and dissent among the rank and file."

CORRECTION: A previous version of this story misstated the amount of the recent aid package that is going to Israel.