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U.S. Lawmakers Demand Action From Biden on Israel's Judicial Overhaul, Annexation Threat [1]

['Ben Samuels']

Date: 2023-03-03

WASHINGTON – U.S. lawmakers are raising the volume of their concerns about Benjamin Netanyahu’s far-right government and the state of the Israeli-Palestinian conflict.

Fears about the future of Israel’s democracy, the U.S.-Israel relationship and the two-state solution – already unprecedented in scope and scale – are now being directly relayed to President Joe Biden.

Sen. Peter Welch – who in an interview with Haaretz was one of the first lawmakers to air concerns about the Netanyahu government's plan to weaken the judiciary – hand-delivered a scathing letter to Biden during a Senate Democrats’ lunch attended by the president, as reported by NBC News.

The Vermont senator, a member of a congressional delegation to Israel late last month, wrote Biden that “it is time to acknowledge what is painfully apparent: as far as the Netanyahu government is concerned, the two-state solution is dead.”

Welch added that he was gravely concerned that “Netanyahu’s regime dismisses the long-term security threat his government’s policy of de facto annexation poses to Israel. If this policy continues, our advocacy for the two-state solution is meaningless.”

Imploring Biden to “reinvigorate” the two-state solution, Welch warned: “We have a choice: stand by passively as a withered two-state approach recedes into oblivion or do our best to reenergize it with more assertive efforts to persuade the Netanyahu government to stop further expansion of settlements in the West Bank, to halt all de facto annexations, and to reaffirm Israel’s commitment to a viable two-state solution.”

Open gallery view Democratic Senator Peter Welch of Vermont at a Judiciary Committee business meeting last month. Credit: Mariam Zuhaib/AP

He concluded: “Any hope for peace and prosperity in the region depends on the United States making the right choice, right now.”

Welch’s letter, remarkable in its own right, is not the only congressional attempt to get Biden’s attention. Rep. Jerry Nadler, the senior Jewish Democratic caucus member who warned about the judicial overhaul, is spearheading a letter circulating among his fellow Jewish lawmakers voicing their own concerns.

Another letter addressed to Biden, which has been obtained by Haaretz, is receiving signatures before publication. It is the most thorough articulation of Democratic lawmakers’ misgivings about the upheaval in Israel over the past two months.

Spearheaded by Reps. Rosa DeLauro, Jan Schakowsky and Jim McGovern – all strong advocates for the U.S.-Israel relationship – the letter mentions deep concerns about the judicial overhaul, the security situation in the West Bank and Israel's possible annexation of parts of that territory.

“We urge you to use all diplomatic tools available to prevent Israel’s far-right government from further damaging the nation’s democratic institutions and undermining the potential for two states for two peoples,” the senior Democrats write.

They argue that the proposed changes to the judiciary would “jeopardize Israeli democracy, which in turn would undermine the very foundation of the U.S.-Israel relationship.” They say that removing the judiciary’s check on the governing coalition would “empower far-right lawmakers seeking to entrench settlement of the West Bank and advance a pro-annexation agenda, undermining the prospects for a two-state solution and threatening Israel’s existence as a Jewish and democratic state.”

Open gallery view Palestinian journalists run away from tear gas fired by Israeli soldiers after Palestinians attacked Israeli cars in the West Bank town of Hawara on Friday. Credit: Maya Alleruzzo /AP

The lawmakers also cite Biden’s comments on the shared values of American and Israeli democracy, adding that “we could not agree more.”

They also note the “rapidly deteriorating” situation in the West Bank and the potential for “sustained violence.” They mention the Palestinian Authority’s weakened state, with the Israeli army increasingly raiding Palestinian cities where civilians are often caught in the crossfire.

The lawmakers note that more than 60 Palestinians have been killed in the West Bank this year, including in settler attacks, “a pace that is on track to surpass last year’s record-breaking casualties.”

They also decry increasing Palestinian violence against Israelis and Palestinian actions that exacerbate the conflict, adding that they are “profoundly concerned that the recent violence and increased tensions could spiral into a major conflict” despite the administration’s attempts at easing tensions.

Echoing CIA chief William Burns’ warnings that Israel seems on the brink of a third intifada, they warn that the West Bank’s political and security vacuum poses a serious threat to both Israelis and Palestinians.

“In this fragile and combustible moment, consistent and sustained U.S. diplomatic leadership is critical to preempt counterproductive unilateral actions and prevent violent escalations,” they write, praising the administration’s opposition to actions that imperil a two-state solution.

“With the Knesset on the cusp of stripping the judiciary’s check over the far-right government, we urge you to make clear that the U.S. will firmly oppose any moves toward annexation that the Israeli government may pursue as a result,” the lawmakers conclude.

Noteworthy in their own right are the talking points being circulated by AIPAC, which also have been obtained by Haaretz. Hoping to persuade lawmakers from signing the letter, the pro-Israel organization offers rebuttals that are also its most thorough comments on Netanyahu’s government and the current state of affairs.

Open gallery view Israeli Border Police officers on Friday block Israeli left-wing activists from staging a rally in Harawa, the Palestinian town that was set ablaze by Jewish settlers this week. Credit: Majdi Mohammed/AP

AIPAC says the letter “unconstructively calls on the U.S. to alter its carefully balanced approach and more forcefully pressure Israel.” The group calls the Biden administration’s approach “the most likely to succeed, as evidenced by the recent agreement reached at Aqaba between Israel and the Palestinian Authority.”

AIPAC adds that the administration is deeply engaged with both Israelis and Palestinians, but says that “unfortunately, the deteriorating situation is directly related to the Palestinian Authority’s weakness, its continued support for the Pay for Slay program and continued incitement.”

Concerning the threats to democracy, AIPAC says “the issue of judicial reform is being passionately debated within Israel and is working its way through the Knesset. Israel’s President [Isaac] Herzog has initiated a process to bring the parties together and foster a consensus approach. President Biden and Ambassador [Tom] Nides have already engaged and shared their thinking with the Israelis.”

AIPAC is among the few establishment Jewish organizations in the United States not to express concerns about the judicial overhaul. It has not called on the government to heed Herzog’s calls for compromise.

AIPAC also dismisses the possibility that Israel will try to expand its footprint in the West Bank, claiming that the lawmakers “raising the issue of imminent annexation is surprising given that the Government of Israel is not currently considering any proposals to annex territory. In fact, any contemplation of annexation was suspended when the UAE entered the Abraham Accords.”

U.S. officials, however, have warned about the transfer of Israel's West Bank authority responsible for civilian affairs from the military to Finance Minister Bezalel Smotrich. It has called this a step toward annexation.

Smotrich recently called for Israel to destroy a Palestinian village – to the administration's and the U.S. Jewish community’s disgust. If the plan is fully implemented, Smotrich will effectively become the governor of the West Bank. He will control nearly all areas of life there, including planning, building and infrastructure, positioning him to expand the settlement enterprise and halt Palestinian development.

A Haaretz editorial warned that the plan constitutes de jure annexation, resulting in a full-fledged apartheid regime.

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[1] Url: https://www.haaretz.com/israel-news/2023-03-03/ty-article/.premium/u-s-lawmakers-ramp-up-pressure-on-biden-over-israel-turmoil/00000186-a798-d3d5-a7e7-af9d1fa90000

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