democratic senator

BEIRUT — A dozen U.S. Democratic Senators have called for the U.S. Central Command to answer questions about American coordination with Israel in declaring broad “ evacuation zones ” in Lebanon and Iran, alleging that the practice may violate international law.

The letter underlines how the Democratic Party — both its leaders and the base — has grown increasingly critical of Israel.

Since the beginning of the U.S.-Israeli war against Iran and the latest Israel-Hezbollah war in Lebanon, the Israeli military has regularly issued maps covering large areas of territory along with warnings telling all residents of the zones to flee. Israel had previously used a similar approach in Gaza.

The senators said the sweeping warnings have “been used to permanently displace people and destroy homes and towns” and that some civilians who refused to leave their homes in the areas have been killed by subsequent strikes.

The 12 senators led by Vermont Sen. Peter Welch, in a letter dated May. 4 to CENTCOM chief Adm. Brad Cooper that was provided to The Associated Press, state that Israel’s practice of unilaterally declaring mass evacuation warnings in Lebanon and Iran “likely contravene international laws the United States has helped develop around humane warfare.”

The other signatories include senators Bernie Sanders of Vermont, Elizabeth Warren of Massachusetts and Sen. Tammy Baldwin of Wisconsin.

The letter asked the CENTCOM chief whether U.S. forces have coordinated military targets with Israeli forces during the recent war with Iran, whether they provided assistance or intelligence helping Israel’s military to impose the evacuation zones in Lebanon and Iran, and whether CENTCOM signed off on U.S. military support for the targeting of people or infrastructure in the evacuation zones. It also asked whether the U.S. military has reviewed the legality of the practice.

The Israeli military declined to comment when asked about the letter. CENTCOM did not immediately respond to a request for comment.

In the past, Israel has said the evacuation maps aim to keep civilians out of harm’s way. It says Hezbollah has positioned fighters, tunnels and weapons in civilian areas across southern Lebanon, from which it has launched hundreds of drones and missiles — without warning — into northern Israel.

A shift in the party stance

Observers said the move is part of a larger shift in the stance of Democratic Party leaders on U.S. military assistance to Israel. Democrats have also been critical of the Trump administration’s entry into the war on Iran alongside Israel.

The letter came nearly three weeks after more than three dozen Democrats supported an effort by Sanders to block arms sales to Israel, signaling a growing discontent in the party with Israeli Prime Minister Benjamin Netanyahu and the wars in Gaza and Iran.

The two resolutions to block U.S. sales of bulldozers and bombs to Israel were opposed by all Republicans and rejected 40-59 and 36-63.

Jon Finer, former deputy national security adviser under President Joe Biden, said the recent steps by Democratic senators reflect a “growing concern about Israeli conduct of various wars that cause civilian harm and U.S. complicity in that” across the spectrum within the Democratic Party.

Asked why the Democratic Party is taking these steps now and not at the time when the war in Gaza and the Israel-Hezbollah war broke out — when the Democratic Biden administration was in power — Finer said: “our operational integration with Israel appears to be growing, which is part of it, but the truth is the Democratic base has been moving in this direction for some time and Washington has been catching up.”

Andrew Miller, a former senior official on Israel and Palestinian Affairs at the State Department, said the letter “represents a shift among congressional Democrats moving from questions of the legality of Israeli military operations to concerns about the complicity of the U.S. military.”

“It demonstrates that Democrats are taking international law very seriously and that is a welcome development,” Miller said.

The evacuation zones

Israel has issued dozens of evacuation warnings in Lebanon since the latest Israel-Hezbollah war began on March 2. Over 1 million people in Lebanon have fled their homes during the war.

Israel has also issued similar warnings for Iranians, both during the 12-day Israel-Iran war last year and during the U.S.-Israeli war launched on Iran on Feb. 28. In one case last year they warned 300,000 people in Tehran, Iran’s capital, to evacuate.

On Wednesday, the Israel military’s Arabic-language spokesperson Avichay Adraee issued an evacuation warning to residents of 12 villages in southern Lebanon saying Hezbollah is using them to launch attacks. The warnings came despite a ceasefire that has been nominally in place since April 17, although Israel and Hezbollah have been carrying daily attacks since then.

The senators said the declaration of evacuation zones does not absolve Israeli and U.S. forces “from the absolute legal responsibility to determine that each individual person or civilian facility targeted by drones, jets, and gunfire is, in fact, a military target.” It said the use of the zones has been linked to “the deaths of thousands of civilians,” describing them as “kill zones.”

In response to questions by the AP last month, the Israeli military said it issues warnings by phone, text, radio broadcast, social media and leaflets dropped from the air, in accordance with the “principles of distinction, proportionality and feasible precautions” under international law.

Mroue writes for the Associated Press. AP writer Julia Frankel contributed to this report from Jerusalem.

Who won the 2020 election?

Was the Capitol attacked on Jan. 6, 2021?

Can Donald Trump be elected to a third term as president?

No brainers, right?

The answers are, of course, “Joe Biden,” “yes” and “no.” Any fact- and reality-based American would say so. But that humongous class of people pointedly doesn’t include the president of the United States. And apparently for that reason, his nominees for federal judgeships — the very jobs in which you’d most want fact-based individuals — hem, haw, stammer and ultimately decline to give direct answers when Democratic senators test them with such easy-peasy questions at confirmation hearings.

One after another, month after month, Trump nominees for district and appeals courts across the land say that the answers to the questions are matters of debate, of “significant political dispute.” Well, they’re in dispute only because Trump says they are, as does every ambitious officeholder and office-seeker desperate to remain in the retributive ruler’s good graces — including, alas, would-be judges.

To watch them squirm and then squirt out the same rehearsed reply, the same legalistic word salad, just like the dozens of nominees before them would be hilarious (see below) if it weren’t so ominous for the rule of law in the nation.

Trump nominees for other high-ranking jobs, likewise prepped for Senate Democrats’ questions by their Trump handlers, give the same rote response. But the fact that candidates for lifetime seats on the federal bench, making decisions of life-changing consequences for millions of Americans, would choose to dodge the truth is most sickening.

In their truth-trolling to keep Trump happy, lest he yank their chance at new black robes, these candidates fail the test of judicial independence. As one Democrat, Sen. Richard Blumenthal of Connecticut, told four district judge nominees last week at a Senate Judiciary Committee hearing, their humiliating hedging “on an issue of fact” — Biden won in 2020 — “reflects not only on your honesty but really on your fitness to be a federal judge.”

Indeed. That judicial nominees would curry Trump’s favor bodes ill for future federal jurisprudence in the one branch of government that’s stood up for the rule of law against Trump, repeatedly, when Congress and the Supreme Court have not. To be fair, a number of judges confirmed in Trump’s first term have been among the many who’ve ruled against his and his administration’s second-term abuses of power. Yet just as Trump has populated his Cabinet and executive branch with sycophants, unlike in Trump 1.0, he’s obviously applying new litmus tests to potential judges. One of them, clearly, is playing along with his election lies.

His nominees’ failure to speak truth to Trump’s power should be disqualifying. But they’re not disqualified, because the Senate is run by Republicans who share their fear of him.

That fact is a big reason to hope that Democrats capture the majority in November’s midterm elections and that, under new management, the Senate will finally take seriously its constitutional “advice and consent” responsibility to act as a check on Trump nominees for the final two years of his term — including, perhaps, one for the Supreme Court.

And, yes, this is Trump’s final term, for all of his teasing about “Trump 2028.” The Constitution’s 22nd Amendment says as much in its opening line: “No person shall be elected to the office of the President more than twice.”

Yet the four wannabe district judges at last week’s Senate Judiciary Committee confirmation hearing — Michael J. Hendershot of Ohio; Arthur Roberts Jones and John G.E. Marck, both of Texas; and Jeffrey T. Kuntz of Florida — struggled over that clear language.

All four hesitated when Sen. Chris Coons, a Delaware Democrat, asked them to describe the amendment. He even read its initial words before querying Marck, “Is President Trump eligible to run for president again in 2028?”

Marck paused, then sputtered: “Senator, with ah, without considering all the facts and looking at everything, depending on what the situation is, this to me strikes as more of a hypothetical of something that could be raised.”

“It’s not a hypothetical,” Coons countered, then asked again whether Trump is “eligible to run for a third term under our Constitution.”

“Um, I would have to, to review the, the actual wording of it,” Marck blabbered.

Coons turned to the others: “Anybody else brave enough to say that the Constitution of the United States prevents President Trump from seeking a third term?” Silence.

“Anybody willing to apply the Constitution by its plain language in the 22nd Amendment?” Coons persisted. Crickets.

His Democratic colleague, Blumenthal, inquired of the foursome, “Who won the 2020 election?” All agreed in turn that Biden “was certified” the winner. None would say he “won” because — as we and they know —Trump insists to this day that he won; he’s turned the power of his “Justice” Department to trying to prove that obvious falsehood. Far be it from these future judges to contradict the president who nominated them.

Here’s Hendershot’s gibberish to Blumenthal’s simple query: “Senator, I want to be mindful of the canons here. I know this question has come up many times in these hearings and it’s become an issue of significant political dispute and debate. So, with, with that, I would say that, that President Biden was certified the winner of the 2020 election.”

After the others replied similarly, Blumenthal turned justifiably scathing: “It’s pretty irrefutable that Joe Biden won the election. But you’re unwilling to use that word because you are afraid. You are afraid. Of what? President Trump? That is exactly what we do not need on the federal bench today. We need jurists who are fearless and strong, not weak and pathetic.”

Apparently unshamed, each similarly demurred when he asked if the Capitol had been attacked. “You’ve seen the videos, have you not?” Blumenthal blurted.

No matter, Senator. These would-be triers of fact apparently won’t believe their eyes. Not when their patron, the president, insists on lies.

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