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Insanity: DOJ Argues That Terrorists Have ‘Immunity’

Insanity: DOJ Argues That Terrorists Have ‘Immunity’

By 

Logan Sekulow

|
September 24

4 min read

Israel

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The Biden-Harris Department of Justice just outrageously argued in U.S. federal court that the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) staffers who participated in the October 7 atrocities should be immune from prosecution. In other words, more than 100 Hamas terrorists on staff at the U.N. agency who aided in the deaths of 1,200 Israelis – and even held some Israelis hostage – should receive immunity from prosecution for such atrocities.

The DOJ’s argument for immunity occurred in court as families of the October 7 victims sought justice. JNS.org reports:

In a filing to the U.S. District Court for the Southern District of New York in Manhattan, the [U.N.] claimed that “since the U.N. has not waived immunity in this instance, its subsidiary, UNRWA, continues to enjoy absolute immunity from prosecution, and the lawsuit should be dismissed,” Israel’s Channel 12 reported on Saturday night.

The Biden administration was said to have echoed the U.N.’s position on the suit filed by Oct. 7 victims, with the Department of Justice telling the court that “the plaintiff’s complaint does not present a legal basis for claiming that the United Nations waived its immunity.

“Because the U.N. has not waived immunity in this case, its subsidiary, UNRWA, retains full immunity, and the lawsuit against UNRWA should be dismissed due to lack of subject matter jurisdiction,” the Department of Justice said.

The reasoning for granting immunity dates back to a 1946 resolution adopted by the Convention on the Privileges and Immunities of the United Nations. Apparently, this convention gives U.N. workers immunity from even committing terrorist acts. And what’s more shocking is that the Biden-Harris DOJ made the same argument in court!

Are you even shocked at this point? It’s unthinkable that the DOJ would support letting terrorists off the hook. Of course, you won’t see this reported in the mainstream media today.

Also, how ironic is it that the DOJ is willing to give terrorists immunity but went all the way to the U.S. Supreme Court seeking to remove presidential immunity from President Trump? It shows where their loyalties lie.

Former Secretary of State Mike Pompeo reacted to the DOJ’s reprehensible argument:

There’s a long legal tradition where U.N. workers [or] diplomats have immunity, but that’s only so long as they’re doing their proper function. When a diplomat commits a crime [or] when a U.N. worker acts outside of the scope of duties, they’re no longer immune. And these were people acting as terrorists, providing material support. Indeed, that’s the charge: material support to terrorism. It is confounding to me that our DOJ wouldn’t understand that and wouldn’t prosecute these people who have not only killed the Israelis and worked alongside others who have committed terror acts but also are continuing to hold and threaten American lives.

Unfortunately, the Biden-Harris Administration has a long history of backing UNRWA. Though the Trump Administration paused UNRWA’s cash flow in 2018, almost immediately, the Biden-Harris Administration restarted the funding. Since then, taxpayers have given nearly $1 billion.

On December 6, 2023, we sent a letter to the U.N.’s Independent Commission of Inquiry demanding an investigation into UNRWA after Hamas was caught using the group’s facilities for military purposes. UNRWA also received $73 million just weeks before October 7.

After the U.N. was forced to fire staffers who aided Hamas, the Biden-Harris Administration “paused” funding for UNRWA until the investigation into the staffers was completed. Upon hearing this, the ACLJ filed a Freedom of Information Act (FOIA) request and subsequent FOIA lawsuit to demand answers about the investigation.

The Biden-Harris Administration’s recent Joint Status Report filed with the court stated: “Defendant’s preliminary searches have resulted in more than 58,000 (and counting) potentially responsive records” related to UNRWA funding, UNRWA employees, and Hamas (which will supposedly take 150 years to process). Is there any doubt that we shouldn’t be funding this agency that employs terrorists? And why should these terrorists be free from prosecution?

Today’s Sekulow broadcast included a full analysis of the DOJ’s shameful argument that UNRWA terrorists should receive immunity from prosecution for their murderous actions on October 7. Former Acting Director of National Intelligence Ric Grenell spoke on the latest election polls between VP Harris and President Trump.

Watch the full broadcast below:

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