[Congressional Record Volume 168, Number 200 (Thursday, December 22, 2022)]
[Senate]
[Pages S10077-S10078]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           SHIREEN ABU AKLEH

  Mr. LEAHY. Mr. President, the 11th of December marked the 6-month 
anniversary of the violent death of widely respected Palestinian-
American journalist Shireen Abu Akleh. On May 19, I echoed Secretary of 
State Blinken's call for an ``independent, credible investigation'' of 
her killing. At that time, several Members of Congress called for the 
FBI to be involved, as did I. That would be appropriate after a tragedy 
like this involving an American citizen killed overseas under 
questionable circumstances. Secretary Blinken later said, and I agree, 
that ``[w]hen that investigation happens, we will follow the facts, 
wherever they lead. It's as straightforward as that.''
  Unfortunately, there has been no independent, credible investigation, 
at least not yet. Three months ago, the Israeli Government, after first 
blaming the Palestinians for Ms. Abu Akleh's death, stated that she was 
likely shot, by mistake, by an unnamed Israeli soldier. The U.S. 
Security Coordinator--USSC--also stated, at the time, that gunfire from 
Israeli Defense Force--IDF--positions was likely responsible, but that 
there was ``no evidence to indicate her killing was intentional.'' The 
State Department acknowledges that conclusion was not the result of an 
investigation, but rather a review of information they were provided by 
the IDF and the Palestinian Authority. We were told that ``the 
Administration continues to believe that cooperation among Israel, the 
Palestinian Authority, and the USSC is the best path to support a 
thorough, transparent, and impartial investigation.''
  Neither the Palestinian Authority nor the IDF can be relied on to 
objectively determine and make public all the facts of what happened in 
this case--nor have they. For the State Department to assert, 
prematurely, that fatally shooting an unarmed person, and in this case 
one with ``PRESS'' written in bold letters on her clothing, was not 
intentional, without providing any facts to support that conclusion, 
calls into question the Department's commitment to an independent, 
credible investigation and to ``follow the facts, wherever they lead.''
  Before I was elected to the Senate, I was a prosecutor. I know a 
thing or two about homicide investigations, having participated in 
many. There are intentional, reckless, negligent, and justifiable or 
excusable homicides. Six months after Ms. Abu Akleh's death, key 
questions remain unanswered, including:
  What specific evidence was the basis for the conclusion that ``there 
is no reason to believe that this was intentional but rather the result 
of tragic circumstances?'' Has everyone--the IDF personnel, Al Jazeera 
employees, and any others--who were in the proximity at the time of her 
death been questioned, and if so by whom?
  What, specifically, were the ``tragic circumstances'' the State 
Department referred to?
  Was the soldier who likely fired the fatal shot a trained marksman? 
Was he looking through a scope? Was there anything obstructing his 
vision? If he did not intend to kill Ms. Abu Akleh, what did he intend? 
Did he have reason to believe that the shot would injure or kill her?
  Were the rifle and ammunition he used, or the armored personnel 
vehicle he was reportedly inside or shielded behind when he fired the 
fatal shot, supplied by the United States? What IDF unit was he a 
member of? Is he still a member of the IDF? If so, is he on active 
duty?
  If, as the Israeli authorities may be implying, the IDF soldier 
missed, who or what he was aiming at and killed Ms. Abu Akleh by 
mistake, who or what was he aiming at?
  There are reports of earlier exchanges of gunfire, although not in 
the immediate vicinity where Ms. Abu Akleh was standing and not at the 
time she was shot. Is there any evidence that the shots that killed her 
and injured Ali Sammoudi, another unarmed Al Jazeera journalist, were 
fired as a legitimate act of self-defense?
  How many shots were fired, and were they all fired by the same 
soldier? Have any other bullets been recovered, including the one that 
injured Mr. Sammoudi?
  On July 5, the State Department spokesperson said, ``We would want to 
see accountability in any case of a wrongful death. That would 
especially--and is especially the case in the wrongful death of an 
American citizen, as was Shireen Abu Akleh.'' Has anyone been held 
accountable, and if so, in what manner? What steps does the Department 
plan to take to ensure such accountability? What steps has the 
Department taken to determine whether the Leahy Law applies in this 
case?
  Imagine if Shireen Abu Akleh were your sister--or your aunt--or your 
daughter. Wouldn't you be asking these questions and expect answers? 
Six months after her death, shouldn't we already know the answers?
  Recently, it was reported that the FBI has opened an investigation in 
this case. I welcome that decision. The Israeli authorities immediately 
announced they would not cooperate with the FBI. I hope they 
reconsider, especially given that this involves the untimely death of 
an American citizen by the actions of a soldier of a country that 
receives by far the largest amount of U.S. military training and 
equipment. I have voted for that aid because I believe we should help 
Israel defend itself, especially with Iran financing anti-Israel 
terrorist groups and regularly calling for Israel's annihilation. But 
that does not prevent me from asking relevant questions and calling for 
a thorough, independent investigation of the violent death of an 
American journalist, likely by an IDF soldier. In fact, it compels me 
to do so.
  There is an increasing foreboding that, as in so many other cases and 
like the murder of Jamal Khashoggi, there will never be the 
independent,

[[Page S10078]]

thorough investigation and accountability that Ms. Abu Akleh's family, 
the Secretary of State, I, and others have called for. That would 
further jeopardize the safety of journalists everywhere who 
courageously risk their lives to gather facts and inform the public. 
This year alone, according to the Committee to Protect Journalists, at 
least 38 journalists have been killed, 294 have been imprisoned, and 64 
are missing. Whether Shireen Abu Akleh's killing was a tragic mistake 
or the result of a reckless or intentional act, there must be a full 
accounting. And if it was intentional and if those responsible are not 
brought to justice, then the Leahy Law must be applied.

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