Politics
The DOJ has a very long memory. Hamas leaders may not want to call that bluff.
Why? And why now?
Those were the first questions that sprang to mind Tuesday, when the Justice Department unsealed a criminal complaint charging six leaders of Hamas for their roles in the Oct. 7, 2023, terrorist attack in Israel that killed around 1,200 people, including 40 U.S. citizens. A DOJ press statement said the attack was the “culmination of Hamas’s decades-long campaign of terrorism and violence against Israel and its allies, including American citizens.”
According to the complaint filed in the Southern District of New York, Hamas was founded “to create an Islamic Palestinian state throughout Israel by eliminating the State of Israel through violent holy war.” The complaint further states that “Hamas has murdered and injured dozens of Americans as part of its campaign of violence and terror,” and has done so “in retaliation for and in an effort to weaken American support for Israel’s right to exist and defense of that right.” The 38-page document details decades of brutal attacks and atrocities going back to 1997 that were allegedly committed by a group the U.S. government has designated a foreign terrorist organization since.
The Justice Department has long been in the business of using criminal prosecution to hold terrorists who kill American citizens accountable.
Let’s start with the first question. Why would the DOJ file charges against Hamas leaders it is unlikely to ever arrest and bring to trial, particularly when three of those leaders have been already been killed?
First, the Justice Department has long been in the business of using criminal prosecution to hold terrorists who kill American citizens accountable, even when the conduct occurs overseas. For example, in 2002, the Justice Department announced charges against Ahmed Omar Saeed Sheikh for his role in the brutal killing of journalist Daniel Pearldespite the defendant’s pending charges in Pakistan. In 2017, Ahmed Abu Khatallah was convicted in a U.S. court for helping to plan and carry out the 2012 attack on the U.S. Mission in Benghazi that resulted in the death of U.S. Ambassador Christopher Stevens and three other Americans posted in Libya.
In some instances, it can take years or even decades to bring defendants to justice, but the DOJ has pursued terrorists relentlessly across administrations. In 2020, the Justice Department unsealed charges against the accused maker of the bomb that destroyed Pan Am 103 and killed 190 Americans over Lockerbie, Scotland, 34 years earlier. In 2021, the U.S. attorney for the Southern District of New York announced charges against Taliban commander Haji Najibullah for his alleged role in the killing of three American service members in 2008. In 2011, prosecution of the 1998 bombings of the U.S. embassies in Kenya and Tanzania was completed with the life sentence of the fifth defendant, Ahmad Ghailani.
As Attorney General Merrick Garland noted in his press remarks this week, “the Justice Department has a long memory,” vowing to pursue terrorists responsible for murdering Americans “for the rest of their lives.”
The second reason to file criminal charges is to achieve what the DOJ and other experts sometimes refer to as “naming and shaming.” Even when charges do not result in a criminal conviction and penalty, they can serve as a sort of moral condemnation on the world stage, in this case forcing foreign governments to take note of Hamas’ record of terrorism.
To the extent Hamas portrays itself as a legitimate political entity or one engaged in humanitarian efforts, the indictment paints a starkly different picture of a group that engages in vicious violence. The complaint describes the October 7 attack as a “massacre,” detailing abductions, the burning of homes, shootings with machine guns at point-blank range and sexual violence against women, including rape and genital mutilation. It details brutality against grandparents and young children.
The complaint also calls out Iran for allegedly supporting, supplying and training Hamas to achieve its own objectives of “damaging, weakening, and ultimately destroying both the United States and Israel.” Hezbollah, another group the U.S. government designates a terrorist organization, is also named in the complaint as an ally of Hamas that assisted in the Oct. 7 attack. Calling Iran, Hezbollah and Hamas the “axis of resistance,” the complaint lays out a damning account of their conduct against the United States and its citizens.
A third reason to file a criminal complaint against Hamas may be to curtail its fundraising capabilities. The complaint specifies in great detail how the organization solicited and received $7.7 million in funds to promote terrorist activities through cryptocurrency payments, ostensibly to protect donor anonymity. By disclosing that the U.S. government is capable of tracking payments, prosecutors may hope to deter donors from contributing further.
The announcement of charges comes at a time when cease-fire negotiations between Israel and Gaza seem especially fragile.
But even if the reasons for filing the complaint may be compelling, the question remains as to why now. The announcement of charges comes at a time when cease-fire negotiations between Israel and Gaza seem especially fragile. During the weekend, Israeli authorities recovered in a tunnel beneath Gaza the bodies of six hostages who had recently been killed. On Monday, Benjamin Netanyahu responded to massive protests seemed to double down on his demands. His remarks made the odds of a resolution soon feel even less likely.
The complaint offers some tells about its timing. The last page of the complaint asks the court to seal the document except as needed “to secure the defendants’ arrest, extradition, or expulsion, or as otherwise required for purposes of national security.” That page also indicates that the complaint was filed in February, before the three deceased defendants were killed. To the extent authorities had hoped to find and arrest them in a country that permits extradition, their deaths reduce the complaint’s need for secrecy.
This is not the DOJ going rogue. I know from my own experience as a federal prosecutor that policy prohibits charging decisions on the basis of politics. When a case may affect national security or foreign policy, it always involves interagency coordination. The White House and the State Department most certainly would have been briefed and asked to assess this case in light of the United States’ objectives in the Middle East. Garland himself hinted at this coordination when he referred to “the whole-of-government effort to bring the Americans still being held hostage home.” Similarly, State Department spokesman Matt Miller said Tuesday, “when it comes to U.S. policy, we have long made clear that our first priority when it comes to terrorists is to see terrorists apprehended and brought the United States to stand trial for their crimes.”
It’s also possible recent events actually prompted the DOJ’s decision to unseal the complaint. Hamas’ refusal to release hostages will remain a sticking point to any cease-fire resolution. This may be DOJ’s way of reminding Hamas that the U.S. is in the fight for the long haul.
As Miller said Tuesday, “It is time to finalize that deal. The people of Israel cannot afford to wait any longer. The Palestinian people, who are also suffering the terrible effects of this war, cannot afford to wait any longer. The world cannot afford to wait any longer.”
Barbara McQuade is an BLN columnist and NBC News and BLN legal analyst. She is the author of “Attack from Within: How Disinformation is Sabotaging America,”as well as a professor at the University of Michigan Law School and a former U.S. attorney for the Eastern District of Michigan.
Some top congressional Republicans have privately concluded that it is likely impossible for them to keep control of the House of Representatives in the midterm elections, and they are now focused on limiting the scale of the defeat and salvaging the party’s Senate majority.
Five senior Republican lawmakers, all granted anonymity to speak candidly about their party’s dire position, told Blue Light News the House had all but slipped away.
One senior House Republican said the GOP’s goal at this point was to “save as many Republican seats as we can.” The president, this person said, was not helping.
“President Trump has made this election all about himself,” the lawmaker said. “Now we have to survive that political storm.”
A second Republican member of Congress said the movement of campaign advertising made plain which side was in control of the midterms. This lawmaker predicted Democrats would pick up about 10 seats, more than enough to take control of the chamber.
Even in newly redistricted red states like Florida and Texas, this person said, Republican candidates were “hanging on with their fingernails.”
Republicans have already fallen back from several contested House districts that they feel are no longer winnable, including those held by Rep. Mariannette Miller-Meeks of Iowa and Tom Kean Jr. of New Jersey. Trump carried their districts just two years ago. The party last week gave up on an Omaha-based district held by retiring Rep. Don Bacon.
Trump officials and other top GOP operatives say more candidates may be cut off in the coming days, in order to shift advertising money to races where it can make more of a difference. Republican groups have already given up on multiple races where they once hoped to unseat Democratic lawmakers.
The Republican Party is under extreme pressure across the Midwest, where it is now spending heavily to defend Senate seats in once-reliably MAGA states like Iowa, Nebraska and Kansas.
Bacon, a maverick often at odds with the White House, said there was no mystery in his party’s political tribulations.
“I’ve talked to some who are making these decisions: The biggest problem is the president’s polling numbers and unfavorables,” Bacon said.
White House officials insist they’re not giving up on either chamber of Congress. In a statement, White House spokeswoman Liz Huston said Trump remained “committed to maintaining Republican majorities in both the House and Senate.”
As he departed on Tuesday to campaign in Alaska for embattled GOP Sen. Dan Sullivan, Trump professed optimism about the midterms but acknowledged that sitting presidents typically see their party lose seats in the off year.
“But I’m doing a tour right now and I’m doing rallies,” Trump added. “The level of enthusiasm for the Republican Party is way up.”
House Speaker Mike Johnson went even further, flatly declaring during a campaign stop in deep-red Texas that “the polling is wrong” in showing his party on the brink of a broad defeat.
Yet at a tactical level, the Republican Party’s moves to shift money away from defending the House and toward saving the Senate are clear enough. In recent days, the Congressional Leadership Fund, the top super PAC for House Republicans, canceled advertising for key House candidates in Nebraska and Iowa and allowed the Senate Leadership Fund – a Republican group focused on the upper chamber – to swoop in and claim the airtime to support Nebraska Sen. Pete Ricketts and Rep. Ashley Hinson, who is running for Senate in Iowa.
“These are not the moves of a party that’s going to keep the House,” a third Republican lawmaker said.
In statements to Blue Light News, both CLF and the National Republican Congressional Committee said they had no intention of giving up on the fight for control of the House.
NRCC spokesperson Mike Marinella said districts are won “one by one,” and that the GOP has “the financial firepower and ground game needed to win.”
Chris Winkelman, president of CLF, said his group would keep moving money around to maximize the impact nationally.
The goal, he said, was to “keep the pressure on the most vulnerable Democrats and preserve a path to 218 seats.”
Former Rep. Carlos Curbelo, a Florida Republican who lost his swing seat in Trump’s first midterm election eight years ago, said his former colleagues were clear-eyed about where the election seemed to be headed.
“The environment is about as tough as one could expect,” Curbelo said. “There is no one who has privately stated that they believe Republicans can hold the House — not in recent weeks, anyway.”
Megan Messerly, Lauren Fedor, Lisa Kashinsky and Myah Ward contributed to this report.
Democratic Sen. Jon Ossoff said Tuesday he will not run for president in 2028 and committed to serving a full six-year Senate term if reelected.
“I have zero interest in running for president. I’m not running for president. I’m running for reelection to the Senate,” Ossoff said during a Georgia Senate debate against Republican Rep. Mike Collins.
Asked by Greg Bluestein of The Atlanta Journal-Constitution whether he would serve his full term if he wins in November, Ossoff replied: “Yes, I will.”
The remarks are Ossoff’s most forceful rejection yet of a potential 2028 presidential bid even as his name has repeatedly surfaced in national Democrats’ conversations about possible contenders for the party’s nomination. His public commitment to a full Senate term on Tuesday is the latest of his campaign’s many efforts to tamp down that speculation.
Ossoff gained national attention this year given his strong fundraising numbers, his consistent lead in public polling against Collins and his ability to generate viral moments on the campaign trail, particularly through his attacks on President Donald Trump. Democrats are bullish about Ossoff’s ability to hold onto his Senate seat — so much so that the Democratic-aligned Senate Majority PAC said Tuesday it was removing its ad spending in Georgia for the week.
He’s also taken steps to boost the state Democratic party in Georgia, a perennial battleground that has been and will be key to winning the presidency. If November brings historic wins up and down the ballot, Ossoff will get some of the credit — and he’ll have confirmed his status as a leader in the swing state.
Democrats may be discovering the political power of calling something rigged.
They’re leaning hard into anti-corruption messaging in the final weeks of the campaign as new research suggests that linking corruption to Americans’ economic struggles can boost Democrats into the home stretch.
Messaging from Democrats that tied corruption to housing, health care and the cost of living increased voter support for Democratic congressional candidates by about 3 percentage points, according to a national survey last month conducted by Blue Rose Research and Democratic-aligned Winning Jobs Narrative Action, which was obtained by POLITICO.
The findings align with a shift in how Democrats are talking about corruption — and help explain why that message has exploded on the campaign trail. From Sen. Jon Ossoff in Georgia to James Talarico in Texas and Abdul El-Sayed in Michigan, Democrats have zeroed in on a common argument: Washington is rigged to benefit the wealthy at the expense of everyday Americans.
“We have a corruption crisis in this country, and it is leading to an affordability crisis,” Iowa Democratic state Rep. Josh Turek said during his Senate debate against Rep. Ashley Hinson last week.
It’s a message that is reverberating across campaigns. In a recent presentation delivered to Democratic groups on Capitol Hill, longtime Democratic strategist Jesse Ferguson offered a succinct playbook: “Corruption is why your costs are high,” according to the presentation viewed by Blue Light News.
His presentation also encouraged Democrats to lead with the acknowledgement that costs are high and then go into corruption, acknowledge that it happens across parties and avoid making President Donald Trump the sole focus of their attacks. “Trump works as an example of corruption that raises costs, not as the whole case,” the presentation said.
Since April, Democratic candidates and outside groups in House and Senate races have spent roughly $104 million on advertising mentioning corruption, according to ad tracking firm AdImpact. Republicans, meanwhile, have spent $36 million across House and Senate campaigns over the same period.
“It’s not just like, ‘oh, look at what’s happening with the ballroom,’ or ‘boy, Donald Trump’s made a lot of money on crypto,’” Democratic strategist Chris Meagher said. “You have to be able to tie it to the impact on people’s lives.”
“The narrative works best when it’s an outsider candidate who is linking a rigged economy to a rigged political system,” longtime Democratic pollster Celinda Lake said of the anti-corruption messaging.
Running against corruption is not new. But as Democrats looked for a way out of the political wilderness after 2024, they began turning a familiar attack — anti-corruption — into a broader message tied to voters’ economic pain. What once was an attack largely focused on Trump has become a more expansive argument for candidates trying to connect it to why Americans are struggling financially, potentially providing a blueprint for the party beyond November.
“Democrats used to talk about corruption as a crime. Now corruption is the explanation for costs,” Ferguson, the Democratic strategist, said.
The issue — and messaging around it — is also coming to the fore in a cycle when anger over the suppression of Epstein files hit a fever pitch and public pressure to ban Congress from trading stocks continues to mount.
And it’s not just the research by Blue Rose that shows the potential potency of that message.
In another recent survey from the Democratic group Navigator Research, obtained by Blue Light News, the vast majority of Americans — both Democrats and Republicans — say corruption is driving up their costs. That same survey of registered voters, conducted in August, found majorities, including roughly a quarter of Republicans, say Trump is bringing more corruption to Washington than fixing it.
And new results from the nonpartisan Center Square’s Voter Voice Poll, conducted this month by Noble Predictive Insights and shared first with Blue Light News, show 10% of voters ranking government corruption as the second most important issue facing Americans, tied with the economy and jobs, and only behind inflation and price increases.
In some instances, Democrats have wrested the word “rigged” away from Trump who has used it in the context of unproven election fraud and turned it into a mobilizing political talking point. That’s a departure from March 2024 when Democrats criticized then Rep. Katie Porter for accusing special interests of spending money to “rig” the California Senate race after she lost in the state’s primary. But now some Democrats are embracing that language as a way to rail against what they see as a corrupt system.
“They’re rigging the rules to benefit their wealthy donors and corporate special interests,” former Ohio Democratic Sen. Sherrod Brown said in a message to supporters announcing the launch of his campaign to return to office.
But the corruption resonates across parties. Republicans who spoke with Blue Light News said Democrats do not own the issue — voters everywhere are animated by it. While polling shows that voters in both major parties believe the government is corrupt, Republicans accuse Democrats of lacking credibility on the issue.
“Americans have been disgusted by the level of self-serving corruption that spread like herpes through the slimy politicians who run the Democrat Party, and now they’re suddenly changing their tune because it’s an election year,” National Republican Congressional Committee spokesperson Mike Marinella said in a statement. “Voters see through the facade, and they know Republicans are cleaning up the rot left behind by Democrat leaders.”
On the Senate side, National Republican Senatorial Committee spokesperson Bernadette Breslin pointed Blue Light News to a poll in Minnesota — a rare offensive opportunity for Senate Republicans this cycle — that shows there are just about as many voters who blame Democratic Gov. Tim Walz for widespread fraud of federally-funded government programs in the state as there are who blame the criminals. Walz’s lieutenant governor, Peggy Flanagan, is running for Senate against Republican Michele Tafoya, and corruption under Democratic rule is a key theme for Republicans in the race.
“The overwhelming majority of Minnesotans blame the Walz-Flanagan administration — and the criminals it aided and abetted — for plundering their hard-earned taxpayer dollars,” Breslin said. “They’ll vote for Michele Tafoya to right the ship this November.”
Steve Pierce, executive director at Winning Jobs Narrative Action, said one of the biggest shifts for Democrats this cycle on corruption has been a move away from a message largely rooted in concerns over democratic norms, which have struggled to break through in a way that moves voters in past cycles.
“You’ve seen Democrats, rather than connecting corruption to democracy, connecting it to affordability, connecting it to the top concern that voters have,” said Pierce. “It’s connecting it in a way that’s meaningful to voters around the things that they are thinking about every day.”
The anti-corruption message has played out across the country, and as an explanation for frustration against different economic pain points, including rising electric bills and local data center projects.
A recent memo on data centers from House Majority PAC, the main super PAC working to elect House Democrats, noted the “message environment in the 2026 election cycle has been dominated by costs, with an important secondary theme around corruption that began to emerge last year.” The group’s spokesperson, CJ Warnke, told Blue Light News that “every single poll and every single focus group shows affordability to be voters’ number one issue, and they specifically point to corrupt politicians as being responsible for driving up prices.”
Next month’s midterms will offer the clearest test yet of whether Democrats can turn this message into votes. But Democratic operatives increasingly see anti-corruption messaging as more than just a short-term political weapon — as long as they try to do something about it if they win control next year.
“I think the thing for Democrats, if they do want to keep it on the radar heading into 2028, and I think they should because I think it is a really potent issue for them, they are going to have to also deliver on it,” said Pierce.
“They have to be able to show up to get caught trying,” he said.
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