May 10, 2024
On October 31, 2020, former Trump White House advisor Steve Bannon—who had left Trump’s administration in 2017—explained to a group of people that, knowing that votes for Biden would accumulate throughout the evening as mail-in ballots were counted, Trump planned simply to declare victory on election night, seizing the presidency and claiming that any results to the contrary were an attempt to steal the election from him. “[A]t 10 or 11 o’clock Trump’s gonna walk in the Oval, tweet out, ‘I’m the winner. Game over. Suck on that,’” Bannon was recorded as saying.
That prediction was pretty much what happened, but Trump did not succeed in seizing the presidency. Next came plans to overturn the election results, and Bannon was also involved in those. Then, famously, on January 5, 2021, he predicted on his podcast that the next day, “all hell is going to break loose.”
Not surprisingly, the House select committee investigating the January 6, 2021, attack on the U.S. Capitol wanted to talk to Bannon. It subpoenaed him in September 2021 for testimony and documents. When he refused to comply, a jury found him guilty of contempt of Congress in October 2022. A judge sentenced him to four months in jail but allowed him to stay out of jail while he appealed.
Today a three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia Circuit upheld his conviction. He will not be jailed immediately; he can still appeal to a higher court.
Another White House advisor, Peter Navarro, appealed all the way to the Supreme Court to overturn his own conviction for contempt of Congress after he, too, refused to answer a House subpoena for testimony and documents. The Supreme Court denied his appeal, and Navarro reported to prison on March 19, 2024. He has asked a federal judge to let him serve the remainder of his sentence on supervised release, so far without luck.
Former federal prosecutor and legal analyst Joyce White Vance wrote: “Bannon is effectively out of appeals. He can delay a little bit longer, asking for the full court to review the decision en banc & asking SCOTUS to hear his case on cert, but neither one of those things will happen. Bannon is going to prison.”
Lack of information was at the heart of Bannon and Navarro’s cases; it was also at the heart of the State Department’s report to Congress about whether Israel’s strikes on Gaza have complied with international and U.S. law. National Security Memorandum (NSM)-20, which Biden signed on February 8, 2024, was designed to make sure that there are adequate safeguards and accountability when countries who have access to U.S. weapons use them. The memo required the secretary of state “to obtain certain credible and reliable written assurances from foreign governments receiving defense articles” and transmit that information to Congress.
Issued today, the report covered seven countries in “active conflict”—Colombia, Iraq, Israel, Kenya, Nigeria, Somalia, and Ukraine—and explored whether they were using U.S. government-funded defense articles in accordance with international humanitarian law, and whether they were not “arbitrarily” denying, restricting, or otherwise impeding U.S.-backed humanitarian assistance in any areas where the country was using those U.S. defense articles.
The report noted that it’s hard to collect accurate information in a war zone. Often, the information has to come from participants or third parties, and sometimes that information comes only from the country the U.S. is supplying with weapons. It also noted that the human-rights-based Leahy Laws prohibit the U.S. from supplying weapons to a foreign military unit if the departments of state or defense have credible information that the unit has committed a gross violation of human rights, including torture, rape, extrajudicial killing, or enforced disappearance.
The report concluded that Colombia appears to be in compliance. Iraqi security forces have been credibly alleged to be violating international law, but the U.S. does not supply those units. Those it does supply have received U.S. training on compliance with international humanitarian law, and Iraqi leadership is working closely with the U.S. to professionalize. It has not restricted humanitarian aid.
Kenya has repeatedly violated international human rights law, but it is working to come into compliance and has not misused U.S. weapons. Nigerian forces routinely use excessive force and torture. They are expanding the legal advice in the professionalizing army, and there are no credible reports of U.S. matériel used in ways that are inconsistent with international law.
Somalia has violated humanitarian law and human rights law, arbitrarily killing and torturing people and committing sexual violence. The U.S. supplies the counterterrorism Danab Brigade of the Somali National Army and works closely with it. The State Department assesses that the brigade has not used U.S. weapons in any violations of humanitarian or human rights law.
That leaves Israel and Ukraine.
The report begins by noting that in the October 7 attack on Israel, Hamas and other Palestinian terrorists killed an estimated 1,200 individuals, wounded more than 5,400, and took 253 hostages, including U.S. citizens. Hamas, it notes, “does not follow any portion of and consistently violates” international humanitarian law.
Then it takes on the numbers of Palestinians killed and injured, saying that the Hamas-controlled Gaza Ministry of Health, “which international organizations generally deem credible,” estimates that 34,700 Palestinians have been killed. Another 78,200 have been wounded, “a significant percentage of whom are reported to be women and children.” The Gaza Ministry of Health does not differentiate between Hamas fighters and civilians, but Israel says that about half the 34,700 killed were Hamas fighters. The State Department says that “we do not have the ability to verify this estimate.” It also notes that “[t]he conflict has displaced the vast majority of Palestinians in Gaza and resulted in a severe humanitarian crisis.”
The State Department notes that the U.S. government has emphasized Israeli compliance with international humanitarian law and that Israel has “institutions and processes charged with upholding” those laws. Israel has been conducting assessments, including criminal investigations, into alleged violations of international humanitarian law.
The next paragraph, though, says that when asked, Israel shared some information that gave insight into Israel’s procedures and rules, but that information was incomplete. Among other things, “Israel has not shared complete information to verify whether U.S. defense articles covered under NSM-20 were specifically used in actions that have been alleged as violations of [international humanitarian law or international human rights law] in Gaza, or in the West Bank and East Jerusalem during the period of the report.” However, the authors concluded, because “certain Israeli-operated systems are entirely U.S.-origin (e.g., crewed attack aircraft),” they “are likely to have been involved in incidents that raise concerns about Israel’s [international humanitarian law] compliance.”
The report goes on to say that while it is difficult to determine whether specific U.S. weapons have been used improperly, “there have been sufficient reported incidents to raise serious concerns…. Given the nature of the conflict in Gaza, with Hamas seeking to hide behind civilian populations and infrastructure and expose them to Israeli military action, as well as the lack of [U.S. government] personnel on the ground in Gaza, it is difficult to assess or reach conclusive findings on individual incidents. Nevertheless, given Israel’s significant reliance on U.S.-made defense articles, it is reasonable to assess that defense articles covered under NSM-20 have been used by Israeli security forces since October 7 in instances inconsistent with its [international humanitarian law] obligations or with established best practices for mitigating civilian harm.”
The State Department says it is “not aware” of U.S. weaponry being misused. It also said that it “has had deep concerns…about action and inaction by Israel” that hampered humanitarian aid efforts and that, while that aid still is insufficient, “we do not currently assess that the Israeli government is prohibiting or otherwise restricting the transport or delivery of U.S. humanitarian assistance.”
The report also assessed that Ukraine had occasionally violated international humanitarian law and international human rights law, torturing those suspected of collaborating with Russia, for example. The Ukraine government has committed to adhere to the rule of law. It has apparently not used U.S. weapons in those violations and has facilitated U.S. humanitarian assistance.
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Notes:
https://www.npr.org/2024/05/10/1250504958/steve-bannon-contempt-upheld
https://www.cnn.com/2024/03/19/politics/peter-navarro-jail-contempt-of-congress/index.html
Twitter (X):
While determining the truth regarding violations of international law is complex in war zones, the destruction in Gaza is clearly due to the Israeli military’s indiscriminate use of U.S. bombs. And, thankfully, Biden, has stopped sending them.
Bannon was convicted on the contempt of Congress charges in July 2022 and sentenced to four months in October 2022. His appeal wasn’t heard until November or December 2023. And we finally have an appellate decision in May 2024. He still has not served a day in confinement nearly two years since his conviction, and his sentence is still on hold pending further appeal. The wheels of justice turn slowly, but in his case they grind not at all.