America First Legal Demands Investigation in the DOJ’s Failure to Prosecute Pro-Hamas Violence

WASHINGTON, D.C. – America First Legal (AFL) has filed a request for investigation with the Office of the Inspector General (OIG) into the Department of Justice’s (DOJ) failure to prosecute pro-Hamas violence due to improper considerations or bias. 

Since January 2021, the Department has repeatedly demonstrated that it is capable of quickly mobilizing investigative and prosecutorial resources to address matters of concern to political leaders. In fact, the Department’s political echelon has made “domestic terrorism” a central talking point and a singular domestic intelligence, investigative, and enforcement priority. However, immediately following the Hamas atrocities of October 7, 2023, pro-Hamas groups in the United States violated federal anti-terrorism and civil rights laws by immediately coordinating and combining to assault American Jews, attack the police, disrupt public road and air travel, destroy public Christmas celebrations, intimidate American citizens, interfere with normal state and federal government operations, and provide material support for designated foreign terrorist organizations. 

Yet, in stark contrast to the DOJ’s full mobilization against American parents, here the DOJ has been quiet. Non-public information obtained by AFL from DOJ career insiders suggests that political leaders in the Office of the Attorney General and the Assistant Attorney General for Civil Rights have issued an effective stand-down order to United States Attorneys and to federal law enforcement concerning Hamas’s network of U.S.-based supporters and front groups campaign of violence, incitement, and support for terrorism. Accordingly, AFL is asking the DOJ Office of the Inspector General to investigate whether the Department’s silence is because political concerns have inappropriately infected the DOJ’s law enforcement decision-making – pro-Hamas groups and fellow travelers are an important Biden Administration political constituency. 

Additionally, AFL has also opened a Freedom of Information Act (FOIA) investigation of the Department of Homeland Security and the Department of Education to determine why the Biden Administration is ignoring U.S. immigration law and refusing to deport visa holders and illegal aliens who support Hamas. 

Statement from Reed D. Rubinstein, Senior Counselor and Director of Oversight and Investigations:

“On October 7, pro-Hamas extremists, many of whom are foreign nationals, launched a campaign of intimidation and violence in violation of U.S. anti-terrorism and civil rights laws. However, the Biden Administration’s Department of Justice – which fully mobilized federal law enforcement against American parents speaking out at school board meetings – has been conspicuously silent. Credible information suggests that this silence is purposeful; the product, in part, of leftist anti-Israel ideologues in the bureaucracy and, in part, White House political concerns that enforcing the law and protecting Americans from pro-Hamas violence will suppress Democrat voter turnout among the pro-Hamas community. If true, this would be a massive betrayal of the rule of law and national security. Congress and the Inspector General must act, and find the truth,“ said Reed D. Rubinstein.

Read the OIG complaint here and the FOIAs here and here.

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