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A Center for Constitutional Rights lawyer called on Kathy Jennings to "use her power to stop this dangerous entity that is masquerading as a charitable organization while furthering death and violence in Gaza."
A leading U.S. legal advocacy group on Wednesday urged Delaware Attorney General Kathy Jennings to pursue revoking the corporate charter of the Gaza Humanitarian Foundation, whose aid distribution points in the embattled Palestinian enclave have been the sites of near-daily massacres in which thousands of Palestinians have reportedly been killed or wounded.
Last week, the Center for Constitutional Rights (CCR) urgently requested a meeting with Jennings, a Democrat, whom the group asserted has a legal obligation to file suit in the state's Chancery Court to seek revocation of the Gaza Humanitarian Foundation's (GHF) charter because the purported charity "is complicit in war crimes, crimes against humanity, and genocide."
CCR said Wednesday that Jennings "has neither responded" to the group's request "nor publicly addressed the serious claims raised against the Delaware-registered entity."
"GHF woefully fails to adhere to fundamental humanitarian principles of humanity, neutrality, impartiality, and independence and has proven to be an opportunistic and obsequious entity masquerading as a humanitarian organization," CCR asserted. "Since the start of its operations in late May, at least 1,400 Palestinians have died seeking aid, with at least 859 killed at or near GHF sites, which it operates in close coordination with the Israeli government and U.S. private military contractors."
One of those contractors, former U.S. Army Green Beret Col. Anthony Aguilar, quit his job and blew the whistle on what he said he saw while working at GHF aid sites.
"What I saw on the sites, around the sites, to and from the sites, can be described as nothing but war crimes, crimes against humanity, violations of international law," Aguilar told Democracy Now! host Amy Goodman earlier this month. "This is not hyperbole. This is not platitudes or drama. This is the truth... The sites were designed to lure, bait aid, and kill."
Israel Defense Forces officers and soldiers have admitted to receiving orders to open fire on Palestinian aid-seekers with live bullets and artillery rounds, even when the civilians posed no security threat.
"It is against this backdrop that [President Donald] Trump's State Department approved a $30 million United States Agency for International Development grant for GHF," CCR noted. "In so doing, the State Department exempted it from the audit usually required for new USAID grantees."
"It also waived mandatory counterterrorism and anti-fraud safeguards and overrode vetting mechanisms, including 58 internal objections to GHF's application," the group added. "The Center for Constitutional Rights has submitted a [Freedom of Information Act] request seeking information on the administration's funding of GHF."
CCR continued:
The letter to Jennings opens a new front in the effort to hold GHF accountable. The Center for Constitutional Rights letter provides extensive evidence that, far from alleviating suffering in Gaza, GHF is contributing to the forced displacement, illegal killing, and genocide of Palestinians, while serving as a fig leaf for Israel's continued denial of access to food and water. Given this, Jennings has not only the authority, but the obligation to investigate GHF to determine if it abused its charter by engaging in unlawful activity. She may then file suit with the Court of Chancery, which has the authority to revoke GHF's charter.
CCR's August 5 letter notes that Jennings has previously exercised such authority. In 2019, she filed suit to dissolve shell companies affiliated with former Trump campaign officials Paul Manafort and Richard Gates after they pleaded guilty to money laundering and other crimes.
"Attorney General Jennings has the power to significantly change the course of history and save lives by taking action to dissolve GHF," said CCR attorney Adina Marx-Arpadi. "We call on her to use her power to stop this dangerous entity that is masquerading as a charitable organization while furthering death and violence in Gaza, and to do so without delay."
CCR's request follows a call earlier this month by a group of United Nations experts for the "immediate dismantling" of GHF, as well as "holding it and its executives accountable and allowing experienced and humanitarian actors from the U.N. and civil society alike to take back the reins of managing and distributing lifesaving aid."
After the disappointing results in November, Democrats in blue states should be using their power to show how government can make life better for working people.
The anger and frustration Americans are feeling toward the Democratic Party reached a boiling point earlier this month, after ten Senate Democrats joined the Republicans in voting for a federal funding bill that slashes everything from disaster relief to school meals for our kids. Presented with an opportunity to stand up for working people, Senate Democrats immediately tossed in the towel. But the Democratic leadership crisis isn’t limited to the U.S. Capitol. In states where Democrats hold the majority, the reasons they’re losing working people become painfully clear.
Over the first two months of the new administration, we’ve seen states with Democratic trifectas and supermajorities duck for cover. Instead of exercising their power to make life better for working people and respond to the devastating actions at the federal level, they’ve kowtowed to corporate lobbyists and wealthy donors.
Look at Delaware—a bright blue state with a governing trifecta—where Democrats worked hand-in-hand with Elon Musk’s lawyers to land Musk a $56 billion pay package. Displeased with a court ruling that denied his bloated Tesla pay package, Musk made good on his threat to move the company’s copyright registration to Texas. But he didn't want to leave without his payday, and state Democrats were eager enablers.
Any person living in these blue states should be demanding that their governor, attorney general, and state legislatures use their power to stand up to Trump and Musk.
Democratic spines in other blue trifecta states are no sturdier. In Colorado, Democrats have advanced a bill to slash the tipped minimum wage, which could result in $8,000 a year in lost income for full-time food service workers. Directly to the south, in New Mexico, Democrats compromised their own paid family and medical leave bill that now leaves too many working-class state residents behind.
During the election, Donald Trump and Musk were able to capitalize on the Democrats’ disregard for working-class voters. However, it hasn’t taken long for Trump and Musk to show their true face. They’re already signaled their plans to make deep cuts to Medicaid, Medicare, and Social Security. Republicans have no interest in governing on behalf of working people. Democratic pundits from across the spectrum have emphasized the need for Democrats to put working people at the center of the party. But the Democrat’s lack of a coherent message or plan of action to address the Trump-Musk destruction is pushing away those exact voters.
The steady drift of working-class people from the Democratic Party is the reason the Working Families Party was founded 27 years ago. And in the absence of a clear plan from Democratic leaders, WFP legislators are stepping up to fill the void. In Rhode Island, WFP legislators are pushing a 13-point agenda that, among other things, guards against cuts to Medicaid, lowers the cost of healthcare, and protects tenants against retaliatory evictions. In New York, WFP legislators are fighting to pass the Working Families Tax Credit, which will put money back into the pockets of working families. And in Philadelphia, housing protections enacted by Working Families Party City Council members have led to a 41% drop in eviction filings over the last year.
After the disappointing results in November, Democrats in blue states should be using their power to show how government can make life better for working people. Yet after months of soul-searching and post-mortems, the lessons of the past election have quickly worn off.
As Indivisible points out in their handbook, there are nine more states with Democratic trifectas than there were in 2017, and the 15 states with trifectas are major economic powerhouses making up nearly half of the country’s gross domestic product.
Any person living in these blue states should be demanding that their governor, attorney general, and state legislatures use their power to stand up to Trump and Musk. They have the ability to protect residents and ensure uninterrupted access to the services and benefits we all need. Waving the white flag and enabling their money grab doesn’t show working people that you’re in their corner.
Democratic legislators in triple blue states can choose to be courageous, unlike many of their congressional counterparts. In state after state, Working Families Democrats are putting forward a plan of action. It’s on their fellow legislators to follow their lead.
As Musk is trying to gut the agencies that enforce federal regulations, state corporate law is poised to become even more important. Delaware should have held firm.
While Elon Musk attacks federal agencies’ ability to protect us from the worst excesses of corporate power, a little known Musk initiative sailed through the Delaware legislature this week. Delaware’s corporate law drew Musk’s ire when its well-regarded Court of Chancery sided with Tesla shareholders and tossed out his $56 billion pay package. Musk packed up his Tesla toys and moved the company’s incorporation to Texas, but his lawyers still pushed Delaware lawmakers to twist the state’s laws to suit his oligarchic interests and give him more power over our lives.
The Delaware House passed Senate Bill 21 (SB 21) on March 25, after the Delaware Senate passed it on March 13. Governor Matt Meyer, who played a central role in the bill’s passage, promptly signed it into law.
Most companies operate under Delaware’s corporate law, with about two-thirds of S&P 500 companies incorporated in the state, and most corporate lawsuits occur in Delaware’s special Court of Chancery. And as corporate interests have eroded many federal tools of corporate accountability—like federal financial, environmental, and worker safety regulations—Delaware corporate law has become one of the last mechanisms of corporate accountability, especially for shareholder lawsuits. Now, as Musk is trying to gut the agencies that enforce federal regulations, state corporate law is poised to become even more important.
Insulating the self-serving decisions of corporate insiders from challenge and gutting the federal agencies and protections that hold corporate power accountable are two sides of the same coin.
Regular shareholders like working peoples’ pensions can bring lawsuits challenging corporate misconduct. But corporate law gives directors and officers broad latitude to make decisions free from liability—even if they are very costly to the corporation and its stakeholders. Courts, however, look more closely at decisions by corporate insiders—including controlling shareholders like Musk, Mark Zuckerberg, and private equity firms that often retain significant stakes in companies after they take them public—when there are conflicts of interest.
The case challenging Musk’s $56 billion Tesla pay package was one of those instances. Upset that a Delaware judge ruled against him in that case, Musk disparaged her and Delaware courts, reincorporated Tesla and SpaceX in Texas, and called on others to do the same.
Corporate insiders convinced Delaware legislators that they were in a hostage situation: Either overhaul their state’s corporate law to give more power to Zuckerberg, private equity firms, and other corporate insiders to everyone else’s detriment by passing SB 21 immediately, or face a mass exodus of corporations and a corresponding slashing of their state budget. Delaware Rep. Madinah Wilson-Anton said, “Our budget is being held hostage and we’re supposed to just listen to the demands, but we have not been told who they’re coming from.”
However, since SB 21 would make it much harder for regular shareholders to hold insiders accountable for their self-serving actions in Delaware courts, many organizations representing regular shareholders have spoken out against the bill, saying its passage would make Delaware less attractive as a state of incorporation. Rep. Wilson-Anton noted: “When we continue to pass bills that are catering to a very small minority of companies that have lost in court and are upset they lost in court, it creates an environment where other companies say, ‘You know what, we’re just gonna stay in our home state because Delaware is just a state where the highest bidder gets to write the law.’” Meanwhile, a recent poll found that only 16% of Delaware voters believe that SB 21 should have passed as is and 63% are less likely to vote for legislators who back SB 21.
Rewriting Delaware corporate law at the behest of Musk and other corporate insiders makes no sense. Insulating the self-serving decisions of corporate insiders from challenge and gutting the federal agencies and protections that hold corporate power accountable are two sides of the same coin. Heads Big Tech oligarchs win, tails the rest of us lose. As the former head of the Office of Information and Regulatory Affairs K. Sabeel Rahman said, “a world without government isn’t a world where we’re not being governed. It’s just we’re being governed in a super undemocratic way.”