Palestinians and Holocaust Scholar Testify in U.S. Court on Biden's Complicity in Genocide

In U.S. Federal Court in Oakland, California, Palestinians and a Holocaust Scholar Testified on Biden's Role in Genocide

By Brenda Norrell, Censored News, Jan. 27, 2024

OAKLAND, California -- Palestinians and a Holocaust scholar testified on the role of President Biden in the ongoing genocide in Palestine in U.S. federal court on Friday, describing family members digging in the rubble for children with their hands, and the weapons sent from the United States to Israel.

The Center for Constitutional Rights, which filed the lawsuit against Biden and cabinet members, said Biden has failed to uphold the Genocide Convention, which mandates the prevention of genocide.

"Not only has the U.S. failed to prevent, but has actively advanced the gravest of crimes," the Center for Constitutional Rights said.

Biden sought to halt the case from moving forward in U.S. federal court. However, Senior District Judge Jeffrey S. White consistently overruled Biden's attorney and allowed the testimony to continue.

Dr. Barry Trachtenberg, Wake Forest University’s presidential chair of Jewish history in North Carolina, and a scholar of the Holocaust and genocide, testified for the plaintiffs as an expert scholar.

Biden's attorney attempted to prevent Trachtenberg's testimony, but Federal Judge White overruled the objection and allowed the scholar's testimony.

Scholar Trachtenberg described the issues of "action and intent," regarding genocide. He quotes Israeli officials who said that no water, or food will be allowed until Gazans disappear entirely.

Trachtenberg refers to these statements of intent. He points out that in cases of genocide, intent is not usually as openly stated as is being done by Israeli officials.

The scholar quotes Israel's President: “All Gazans are responsible." And the Israeli defense minister: “No food, water or electricity.”

He also quoted the Israeli energy minister: “No water, not a single battery will be given.”

"Everything that we feared, and more is unfolding," Trachtenberg testified.

Over 26,000 people are dead.

The scholar said the violations of the 1948 Genocide Convention, which was adopted by the United Nations, include denying food and water to people.

Trachtenberg said the tunnels are being flooded.

"They are salting the earth, which will prevent food from growing," he said, adding that this will prevent Palestinians from growing food and surviving on the land.

The bombs they are dropping are from the United States, we can intervene in that, the scholar said.

Hellfire missiles, 2,000-pound bombs, are being sent by the United States.

Trachtenberg said, "Contrary to the intent of Congress," Biden seems to be supporting a war without Congressional approval.

Biden's attorney objected to this testimony, but Judge White overruled the objection and allowed the scholar's testimony.

"We don't want that to happen again," Trachtenberg said, speaking of the Holocaust and pointing out there is a Holocaust museum on the National Mall in Washington D.C., the Holocaust Memorial Museum.

After the plaintiffs finished testifying, Judge White asked what the court could do, and should do.

"Just since we've been here today, people have lost family members," the plaintiff's attorney with the Center for Constitutional Rights responded.

Senior Staff Attorney Pam Spees said, that when this case was filed the Palestinian death toll was 11,000.

Now, as the court acknowledged today, it’s over 25,000.

"The unfolding genocide has broken the scales that the law has asked this court to balance."

Spees pointed out the massive number of media and health workers that have been killed.

Now, Palestinians are facing catastrophic famine.

She said the U.S. is playing a role in Israel's denial of humanitarian aid and food, as well as providing weapons.

The bombs have all come from the United States.

An attorney for Biden argued that this case could not proceed and claimed that the court lacked jurisdiction in the matter.

In closing, Judge White said the details described are "horrific," and there are no words to describe it.

Judge White said the scholar's testimony is now on record regarding genocide. He said this is his most difficult case ever, both factually and legally.

During the four-hour hearing, Palestinians testified about the murder of their family members by Israeli bombs and weapons.

"All the hospitals are being attacked." There is no food, no water, said Khaled Quzmar.

Quzmar testified on behalf of Mohammad Abu Rukbeh, Defense for Children field researcher and a plaintiff: "When Israeli forces shot Mohammad's mother, I tried with every humanitarian organization to get her out. But there are 1000s of injured people, and doctors had to cut off her leg."

"Gaza has become a graveyard for children."

In Gaza, now the children do not dream, do not think of the future, they only think of keeping alive.

The Center for Constitutional Rights lawsuit was filed in November against President Joe Biden, Secretary of State Antony Blinken, and Defense Secretary Lloyd Austin, charging them with complicity and failure to prevent the unfolding genocide in Palestine.

Read more at Censored News

https://bsnorrell.blogspot.com/2024/01/now-biden-genocide-case-in-federal.html

Read more in the news:

Journalist Dena Takruri reports:

"Dr. Omar Al-Najjar who is joining remotely from Rafah is now testifying in this U.S. federal court in a case accusing Biden, Blinken and Austin of failure to prevent and complicity in Israel’s genocide against Palestinians in Gaza."

“Cases of childbirth in the streets are widespread at this time,"' said Dr. Omar Al-Najjar testifying from Rafah, Gaza Strip.

The Intercept reports:

Omar Al-Najjar, a 24-year-old doctor called into the hearing from a hospital hallway in Rafah, on the border with Egypt.

Wearing scrubs, he described a medical infrastructure that is overwhelmed and on the brink of collapse, heavy shelling and gun fighting near medical facilities, and medical workers coming under attack in areas the Israeli military had declared safe.

“I have lost everything in this war … I have nothing but my grief,” he told the court. “This is what Israel and its supporters have done to us.”

Ahmed Abofoul, a Palestinian lawyer and legal researcher at Al-Haq, testified from the courthouse that he lost 60 relatives on his father’s side of the family alone, 15 in a single airstrike, and that many of their bodies remain under the rubble.

His cousin, he said, has been unable to retrieve the bodies of his five children, as the Israeli military fires at him whenever he tries to approach his destroyed home. Abofoul described not being able to get in touch with some family members after the war started and other relatives, including children, with no access to food and water.

“People are struggling to have anything to survive on,” he said. “Those who survive the bombing most likely will not survive staying in this condition.”

Continue reading at The Intercept:
https://theintercept.com/2024/01/26/palestinians-biden-genocide-lawsuit-ccr/

San Francisco Chronicle reports:

One plaintiff, Laila Elhaddad, a journalist in Maryland whose parents are from Gaza, said she had lost nearly 90 members of her extended family to Israeli attacks, and described how one relative had bled to death in the arms of another family member.

As a taxpayer, “my money is complicit in this ongoing genocide and destruction of Gaza,” Elhaddad testified. “President Biden could, with one phone call, put an end to this.”

Continue reading https://www.sfchronicle.com/politics/article/biden-genocide-hearing-18631105.php

Courthouse News in Oakland reports:

‘Living nightmare’: Suit accusing White House of violating Genocide Convention brings constitutional questions

The Biden administration says judicial review of current foreign policy matters involving Israel would violate constitutional doctrines.

Judge White said as the hearing closed: “There is now on the record at least from the opinion of scholars, that they believe there has been a genocide. In 27 years on the bench, this is probably the most difficult case this court has ever had, and one of the most difficult cases legally."

Continue reading Courthouse News coverage https://www.courthousenews.com/suit-accusing-white-house-of-violating-genocide-convention-brings-constitutional-questions/