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"I care about human rights," said the New York congresswoman in response to her Democratic colleague in the Senate. "I care that billions of U.S. tax dollars' worth of weapons are carrying out unspeakable atrocities."
New York Rep. Alexandria Ocasio-Cortez criticized fellow Democrat and Pennsylvania Sen. John Fetterman on Wednesday for failing to hold the U.S.-armed Israeli military accountable for killing and harming civilians in the Gaza Strip.
Ocasio-Cortez's remarks came in response to Fetterman's dismissal of her earlier call for an arms embargo on Israel, which has received billions of dollars worth of weapons and other military aid since the Hamas-led October 7 attack.
"The tragedy in Gaza is 100% on Hamas," Fetterman wrote on social media with a screengrab of a Hill headline outlining Ocasio-Cortez's remarks. "Stop using civilians and hospitals as shields, surrender, and release all remaining hostages—and this ends."
Ocasio-Cortez then retweeted Fetterman's words with her own rebuttal.
"I dunno man. I care about little kids dying," the New York lawmaker replied. "I care about human rights. I care that billions of U.S. tax dollars' worth of weapons are carrying out unspeakable atrocities. I care enough for us to do better."
"Hope this bleak dunk attempt gets you whatever it is you're going for," she concluded.
The exchange comes as Israel has intensified its assault on northern Gaza in recent days, bombing homes and schools-turned-shelters in the Jabalia refugee camp and issuing new evacuation orders for the beleaguered region yet placing snipers on roofs and shooting people who try to flee. On Saturday, the Palestinian Deputy Observer to the United Nations Majed Bamya called Israel's escalation in the north a "genocide within the genocide" and the World Food Program said that no food had been able to reach the area since October 1, warning that the ramped up attacks were having "a disastrous impact on food security for thousands of Palestinian families." However, 50 trucks carrying aid including food were allowed to enter the north on Wednesday.
Ocasio-Cortez's remarks that prompted Fetterman's rejoinder came in response to the weekend's atrocities.
"The horrors unfolding in northern Gaza are the result of a completely unrestrained Netanyahu gov, fully armed by the Biden admin while food aid is blocked and patients are bombed in hospitals," she wrote on social media on Monday. "This is a genocide of Palestinians. The U.S. must stop enabling it. Arms embargo now."
Ocasio-Cortez has been an outspoken critic of Israel's assault on Gaza and the U.S. response. She backed a House resolution calling for a cease-fire weeks into the war, and demanded an end to the flow of weapons from the House floor in March, when she described Israel's actions in Gaza as an "unfolding genocide."
Fetterman, meanwhile, has faced protests from some of his more progressive constituents over his hardline pro-Israel stance.
On Tuesday, news broke that the Biden administration had reportedly written a letter to the Israeli government threatening to cut off the flow of weapons to the country unless it took "urgent and sustained actions" to improve the humanitarian situation in Gaza within 30 days.
"ICC warrants against Israel and Hamas will offer the West a choice: Either torpedo the international criminal justice project they have advanced since 1945 for good or hypocritically demand impunity for Israeli war crimes."
White House Press Secretary Karine Jean-Pierre on Monday reaffirmed the Biden administration's opposition to the International Criminal Court potentially issuing an arrest warrant for Israeli Prime Minister Benjamin Netanyahu or other top officials related to Israel's war on the Gaza Strip.
"Would the U.S. or the White House see any potential arrests by the ICC as an aggravating factor in the negotiations?" one journalist asked about talks to end the bloodshed and free hostages.
Jean-Pierre responded: "So, we've been really clear about the ICC investigation. We do not support it. We don't believe that they have the jurisdiction. And I'm just gonna leave it there for now."
#WATCH | On International Criminal Court's (ICC) investigation into Israel's conduct in Gaza, White House press secretary Karine Jean Pierre says, "...We don't believe is in the ICC jurisdiction in this situation. We do not support the investigation. And I think that kind of… pic.twitter.com/du8NpEtLxj
— ANI (@ANI) April 29, 2024
Asked later about President Joe Biden's Sunday call with Netanyahu and whether the U.S. government is involved in any attempts to avert warrants from the Hague-based court, the press secretary echoed her previous comments.
The exchanges followed reporting that the Israeli government, in partnership with the U.S., is "making a concerted effort to head off" possible arrest warrants from the ICC targeting Netanyahu as well as Israeli Defense Minister Yoav Gallant and Israel Defense Forces (IDF) Chief of Staff Herzi Halevi.
Citing two unnamed Israeli officials, Axiosreported that Netanyahu on Sunday asked Biden to help prevent the ICC from issuing warrants. A spokesperson for the White House National Security Council told the outlet that "as we have publicly said many times, the ICC has no jurisdiction in this situation and we do not support its investigation."
Neither Israel nor the United States is a party to the Rome Statute of the International Criminal Court, the treaty that established the tribunal, but Palestine accepted its jurisdiction over alleged crimes committed "in the occupied Palestinian territory, including East Jerusalem," in 2015.
The ICC formally launched its war crimes investigation in the occupied Palestinian territories in 2021, long before the IDF began its ongoing retaliation for the Hamas-led attack October 7 on Israel. The probe includes crimes going back to June 13, 2014.
Urging Biden "to intervene as part of the administration's ongoing commitment to Israel," U.S. Sen. John Fetterman (D-Pa.) on Monday declared that "it would be a fatal blow to the judicial and moral standing of ICC to pursue this path against Israel."
Mark Kersten, an assistant professor at the University of the Fraser Valley, responded: "Now a Democratic senator is threatening the ICC's very existence if it does what it was created to do: Impartially and independently investigate international crimes, without fear or favor. I hope this grotesque threat and atrocity-denialism is roundly condemned."
Also noting Fetterman's comments, Alonso Gurmendi, a lecturer in international relations at King's College London, said: "They really don't realize just how isolated Western governments are on this. Even among their own populations. This won't be a fatal blow to the ICC. It will relaunch its relationship with the global majority. Fighting this will only isolate and weaken the West further."
In January, the International Court of Justice found that Israel is "plausibly" engaged in genocide in Gaza. As of Monday, the Israeli bombardment and blockade had killed at least 34,488 Palestinians in the Hamas-governed strip, injured another 77,643, left thousands more missing in bombed-out communities, and displaced around 90% of the enclave's 2.3 million people.
Since October, the United States has ramped up its billions of dollars in military support for Israel. The Biden administration has been accused of being complicit in genocide in federal court. The next hearing in the case is scheduled for June.
One critic said that "the bill doesn't touch the homegrown spyware U.S. companies churn out" and "also strikes at the First Amendment right to receive information."
Digital rights defenders on Wednesday slammed the passage of a U.S. foreign aid package containing a possible nationwide TikTok ban as unconstitutional, xenophobic, and ill-advised during an election year in which President Joe Biden desperately needs as many young votes as possible.
Biden signed the $95 billion bill late Wednesday morning after senators voted 79-18 the previous evening to approve the package, which includes tens of billions of dollars in U.S. military assistance for Ukraine, Taiwan, and Israel—which is waging a genocidal war against Palestinians in Gaza.
One of the bill's provisions would force ByteDance, TikTok's Chinese parent company, to sell the app to a non-Chinese company within a year or face a federal ban. Approximately 170 million Americans use TikTok, which is especially popular among members of Gen-Z and small-to-medium-sized businesses, and
contributes tens of billions of dollars to the U.S. economy annually.
"Whether it's dressed up as a ban or a forced sale, the bill targeting TikTok is one of the stupidest and most authoritarian pieces of tech legislation we've seen in years," Fight for the Future director Evan Greer said in a statement.
Jenna Leventoff, senior policy counsel at the ACLU, called the provision "nothing more than an unconstitutional ban in disguise."
"Banning a social media platform that hundreds of millions of Americans use to express themselves would have devastating consequences for all of our First Amendment rights, and will almost certainly be struck down in court," she added.
Jameel Jaffer, executive director of the Knight First Amendment Institute at Columbia University,
said:
The First Amendment means that the government can't restrict Americans' access to ideas, information, or media from abroad without a very good reason for it—and no such reason exists here. Repackaging the government's reasons for the ban in the language of "national security" does not change the analysis. There's no national security exception to the First Amendment, and creating such an exception would make the First Amendment a dead letter.
Proponents of the possible ban attempted to spin it as something else and pointed to precedents including the 2020 forced sale of the popular LGBTQ+ dating app Grindr, formerly owned by a Chinese company.
"I want to be very clear: This is not a 'TikTok ban,'" Sen. John Fetterman (D-Pa.), who voted to approve the bill, said in a statement. "I have no interest in banning TikTok. This bill will simply make TikTok safer by separating it from the Chinese Communist Party so that the data of 170 million Americans—many of whom are children—is protected."
Senate Commerce Committee Chair Maria Cantwell (D-Wash.) said before Tuesday's vote that "Congress is acting to prevent foreign adversaries from conducting espionage, surveillance, maligned operations, harming vulnerable Americans, our servicemen and women, and our U.S. government personnel."
"Banning TikTok without passing real tech regulation will just further entrench monopolies like Meta and Google, without doing anything to protect Americans from data harvesting or government propaganda."
However, Kate Ruane, who directs the Center for Democracy & Technology's Free Expression Project, asserted that "Congress shouldn't be in the business of banning platforms. They should be working to enact comprehensive privacy legislation that protects our private data no matter where we choose to engage online."
Greer said that "not only is this bill laughably unconstitutional and a blatant assault on free expression and human rights, it's also a perfect way to derail momentum toward more meaningful policies like privacy and antitrust legislation that would actually address the harms of Big Tech and surveillance capitalism."
Greer continued:
Banning TikTok without passing real tech regulation will just further entrench monopolies like Meta and Google, without doing anything to protect Americans from data harvesting or government propaganda.
We could be months away from another Trump administration, and top Democrats are busy expanding mass surveillance authority and setting the precedent that the government can ban an entire social media app based on vague 'national security' concerns that haven't been explained to the public.
Some critics questioned the wisdom of Biden signing off on a potential ban of the most popular social media app among many young users during an election year in which many younger voters are disappointed in the president's record on climate, student debt relief, the Gaza genocide, and more.
One user of X, the social platform formerly known as Twitter, said earlier this year that signing the bill would demonstrate a "comical level of political malpractice, the equivalent of seeing the rake on the ground and purposefully stepping on it."
Moments after Biden signed the bill, TikTok CEO Shou Zi Chew
vowed, "We aren't going anywhere."
"The facts and the Constitution are on our side and we expect to prevail again," he said, referring to the three times when federal judges blocked efforts to ban TikTok.
TikTok CEO Shou Chew responds to the bill that could ban the app: “Make no mistake, this is a ban, a ban of TikTok and a ban on you and your voice.”
“Rest assured, we aren’t going anywhere.”
pic.twitter.com/qElI8JvY0D
— philip lewis (@Phil_Lewis_) April 24, 2024
In the most recent case, U.S. District Court Judge Donald Molloy ruled last December that a Montana law that would have banned the app "violates the Constitution in more ways than one" and had a "pervasive undertone of anti-Chinese sentiment."
It is unclear who would buy TikTok. Analysts estimate the platform is worth upward of $100 billion, placing it out of reach for all but the biggest U.S. tech titans and, ironically, setting up possible antitrust challenges from the very administration that ultimately forced the sale.