Showing posts with label DOJ. Show all posts
Showing posts with label DOJ. Show all posts

Wednesday, April 24, 2024

24-Apr-24: The Sbarro bomber: Betrayal, lies, politics and grief

Nuland, Biden, Blinken [Image Source]
On March 14, 2024, under the headline "Betrayal, lies, politics and grief | The world’s refusal to bring my child’s killer to justice.", the Jewish News Syndicate published a first-person opinion piece authored by Arnold Roth.

Its appearance was timed to coincide with the anniversary of the day in 2017 when federal terrorism charges, kept secret up to that point by the US government for years, were finally made public.

Since the op ed was republished by no more than a handful of JNS syndication outlets, we think it's right to repost it (with light changes and additional hyperlinks). 

What's said here is important to us - important enough that we continue to press the government of the United States to finally do what its law enforcement arms have endeavored to do since 2013 when it indicted Ahlam Aref Ahmad al-Tamimi under seal: to put her on trial in Washington and if convicted, to put her behind bars for the rest of her life.

For murky reasons which we think we understand but which have never been revealed by any news media anywhere, those US federal charges remained secret from the world, the media and the families of Tamimi's victims for four years, until March 14, 2017. 

But they were not kept secret from the Hashemite Kingdom of Jordan which is bound by bilateral treaty to the United States to extradite Tamimi to the US. Via a formal ruling by one of its appellate courts, just six days after the charges became public knowledge in 2017, Jordan flatly refused. It still refuses until today.

Here's the updated version of what Arnold Roth wrote for the JNS in March.

* * *

Seven years have passed since criminal charges were brought in Washington, D.C. against the woman who murdered my sunny, lovely, empathetic 15-year-old daughter Malki. The anniversary of the charges being made public is today, March 14.

As milestones go, this one is dark. The fugitive killer admits to her central role in the massacre for which she is being prosecuted. Though she brags about her atrocity, she lives the life of a celebrity and an inspiration to others. 

Yet her ongoing freedom gets negligible attention in the news industry and public discourse—even in the U.S. To the extent that the Arab media report on her, it is overwhelmingly favorable and sympathetic.

The dry details of Ahlam Aref Ahmad al-Tamimi’s long-thwarted prosecution are easy to find. The mugshots, biographical details and charges are accessible via three sites: The FBI’s list of Most Wanted Terrorists, the 2017 Department of Justice unveiling of the hitherto secret charges and the State Department’s 2018 post of a $5 million reward that is still unclaimed two full decades after it first went public.

What’s behind Tamimi’s freedom is harder to ascertain. 

Those who know don’t talk openly and those with a stake in her ongoing freedom are too often untruthful about it. Understanding this and conjecturing why it is the case is at the heart of the nightmare my wife and I endure years after our beautiful child’s life was extinguished.

* * *

Tamimi was recruited by Hamas in 2001. The first female to become one of its jihadists, she was given the mission of bombing one of Jerusalem’s few large department stores.

Hamashbir Lazarchan, located on busy King George Street, was an easy hit. On July 30, 2001, she entered its basement supermarket with an explosives-filled beer can. No security people stood at the doors in those innocent days. Tamimi placed the bomb on a shelf among other beverage containers and strolled out.

An FBI “Most Wanted Terrorist” poster for
Jordanian terrorist Ahlam Ahmad Tamimi [Source: FBI]

Still flush with excitement in a 2012 interview on an Arab TV station, she recounted what resulted:

“The supermarket completely exploded... The Israelis said that nobody had been killed or wounded... This was the beginning of the intifada, and it was normal for them to conceal the number of casualties in order to avoid panic among the Zionists” (Arabic-to-English transcript).

A calmer version from the standpoint of the bombmaker, a Kuwaiti kinsman of Tamimi by the name of Abdallah Barghouti, stated, 

“The operation was not intended to cause deaths or injuries but was intended to test the occupation’s security precautions” (source).

Both accounts are absolutely untrue. No one was injured by the bomb, though the aim was to cause a bloodbath. And when it failed, Tamimi badgered her Hamas handlers to immediately give her a better bomb for a second shot at jihadi fame.

That came just a week later on Aug. 9, 2001. An exploding guitar case fabricated by Barghouti was handed to Tamimi by a Hamas handler who paired her up with a religious zealot willing to sling it across his shoulder and carry it inside the target she had selected: central Jerusalem’s bustling Sbarro pizzeria.

From Ramallah, she accompanied the suicidal human bomb by bus and cab to Jerusalem. Then on foot through its downtown streets where, unknown to Tamimi or the young man by her side, the Israel Police had been put on alert following an intelligence tip that a terrorist attack was about to take place. 

Tragically, the general public was never told.

Sbarro, central Jerusalem, the afternoon of August 9, 2001
[Image credit: Avi Ohayon, Israel Govt Press Office]

The massive explosion gutted Sbarro at two o’clock on a hot school vacation afternoon, erasing 16 lives and injuring 130 other innocents. Three Americans were murdered, one of them Malki.

Tamimi was arrested weeks later. Tried in Jerusalem, she was convicted and sentenced to 16 terms of life imprisonment. The three-judge panel, horrified by the smiling accused who admitted all the charges against her, recommended from the bench to the Israeli authorities that Tamimi should never be set free—not in any political deal, not on bail, not for any reason.

Their advice was ignored.

Tamimi walked free in a 2011 deal between Hamas and Israel for the release of a young IDF soldier held hostage for five years. Israel paid heavily, conditionally commuting the sentences of 1,027 convicted Palestinian Arab and other Arab terrorists and setting them loose. More than half had blood on their hands.

Tamimi was bused to Cairo on the day of the release. Following a high-profile media event there in which Hamas leader Khaled Mashaal blessed her arrival, she left on a VIP flight to Jordan and a tumultuous welcome at its main airport and instant, noisy stardom. 

In the years that followed, she hosted her own made-in-Amman terror-friendly Hamas show that was beamed globally via satellite TV. She settled into a jihad-centric talk circuit that got her in front of television cameras, on public event panels and before live audiences throughout the Middle East, as well as opinion pieces in influential Arabic mainstream and social media outlets. Tamimi’s position as one of Islamist terror’s most influential icons is beyond doubt.

* * *

Meanwhile, starting in 2012, just weeks after she left her Israeli cell, Tamimi became a person of interest to the U.S. Department of Justice. A core factor was that two of her victims were U.S. citizens, one of them Malki. (A third, who suffered profound injuries in the atrocity, died in May 2023, having never regained consciousness.)

Those charges were signed off by a U.S. federal judge in July 2013. But they became public only much later on March 14, 2017 via a Department of Justice announcement

As this was happening, we were quietly told that Jordan, which is obligated by a 1995 treaty with the Clinton administration to extradite Tamimi, had flatly refused to comply. “You’re now in the court of public opinion,” one of the officials told me. “Good luck.”

The court of public opinion doesn’t have a single address but many. As Malki’s parents, we have tried to reach all of them. We have gone to Congress, assailed the mainstream Western media, written privately to the Biden administration and to the two that came before it, turned to a herd of America’s Jewish organizational insiders, sought help from the government of Israel, and engaged with numerous respected commentators and analysts with expertise in the field.

One or two have said getting Tamimi prosecuted is a bad idea if it offends Jordan. The vast majority either fail to respond or acrobatically avoid dealing directly with the issue even as they sit in the room with my wife and me. The result is mostly the same: We come away frustrated and dismayed by the miles-wide gap between the values they profess and their inaction or actual obstruction.

We have written or spoken about some of those beating-our-head-against-the-wall encounters, but not all. I present a small sample:

  • Jordan signed an extradition treaty with the U.S. in 1995 and complied with it for years. There’s no doubt that it remains valid and enforceable. But a Jordanian court, suspiciously ruling just a week after the charges against Tamimi were unsealed in Washington seven years ago, said the treaty needed to be ratified by the parliament but never was and thus was invalid.
  • No reporter whom I have contacted has ever pressed the Jordanians about the patent falseness of this claim. If it’s true, Jordan created the problem and Jordan can fix it by simply ratifying the treaty tomorrow morning. But as we discovered by suing the State Department in 2021 under the Freedom of Information Act, King Hussein—the father of Jordan’s present King Abdullah—personally ratified the treaty and swore not to allow its violation. That should have ended the controversy but, of course, it hasn’t.
  • Years of appeals to senior American Jewish leaders have been brushed off. 
  • But two significant breakthroughs came this past year: The American Jewish Committee (AJC) wrote to Attorney General Merrick Garland in July 2023 and the Conference of Presidents wrote to Secretary of State Antony Blinken in January 2024. Each asked the U.S. to press Jordan harder so Tamimi is handed over for trial in Washington. Both requests have failed to get a response of any kind.
  • My wife Frimet is a registered voter in Queens, New York, where she lived for 20-some years. Our requests to the lawmakers who represent her to take up the Tamimi issue with the State Department have gone unanswered or gone nowhere. Both parties in Congress have shown the same unwillingness to tackle the issue.
  • All our encounters with Washington’s ambassadors to Israel have been, putting it respectfully, a disappointment.
That’s also true of the things we have done to get reactions from the top of the pyramid. I have avoided publicizing this but I feel justified in sharing how our polite, cogent personal appeals to various presidents, secretaries of state ["27-Aug-21: What we said to Secretary of State Blinken about our child's murder and how he replied"] and current National Security Advisor Jake Sullivan have been brushed aside as if the Tamimi case were not worth addressing.

* * *

Out of the blue, months after we decided to stop wasting further time on them, a letter dated October 25, 2022 arrived from Victoria Nuland, at the time the Under-Secretary of State for Political Affairs and Deputy Secretary of State. She has just retired.

She opened with some startling words: 

“On behalf of the President, Secretary Blinken and National Security Advisor Sullivan I want to reiterate…”

She then listed things no government figure has until now: Tamimi must be held accountable; the U.S. is fully committed to getting her into a U.S. court; it’s pursuing “all viable options” with Jordan; and getting justice for Malki and others “is a foremost priority for the United States.”

The most distressing part of Nuland’s letter was its final sentence: 

“We will stay in contact with you regarding our ongoing efforts to ensure Tamimi is held accountable for her despicable crimes.” 

She hasn’t stayed in contact at all. And now she's left her job as America's third-highest ranking diplomat.

On one level, the ongoing pain of our bitter experience stems from the failures of U.S. justice, Congress and the executive branch, reinforced by a depressing propensity for clear-cut issues to fall victim to politics both domestic and global. 

On another level, especially painful for us, there are the lessons about American Jewish life and its leadership’s failure to lead. 

On yet another level, ours is simply a human story of parents fighting so that the killer of our teenage daughter is brought in chains to a U.S. court to face prosecution. 

Tamimi hosted an Arabic language TV series,
"Breezes of the Free", beamed from Amman to the entire
Arabic-speaking world for five years.
The U.S. and the world want to see the Israel-Hamas war wrapped up. In some ways, there’s a mood of “whatever it takes” in the air, and therefore a realistic prospect that Israel will free Palestinian Arab terrorists, including senior Hamas figures. (We’re totally opposed.) 

Some of them might go to Jordan.

So what would it mean if the incomprehensibly generous grant of impunity that Jordan, one of the world’s most antisemitic entities, has enjoyed while illicitly holding tight to Tamimi were extended to cloak those terrorists? 

The Tamimi case is a red light for what may lie ahead.

* * *

Our battle for justice and against the terrorists has been personal from the outset; not because it’s important for us alone (it’s more important than that) but because it’s driven by pain and grief. Those feelings grew even more intense a few weeks ago when our son-in-law, the beloved husband of one of Malki’s sisters and adored father of two of our toddler granddaughters, was killed fighting Hamas in Gaza.

It’s time to change how America views the war against the terrorists and those who stand with them. Everything dear to us depends on getting that right.

Monday, August 14, 2023

14-Aug-23: Getting Tamimi to US justice: A modest positive step

The admitted Sbarro bomber hosted a made-in-Jordan weekly TV
show from Amman between February 2012 and September 2016.
Taking a robustly pro-terror line, it went to air globally via the
Hamas
Al Quds TV satellite channel with a generous
assist 
from YouTube.
A small but meaningful step forward by America's organized Jewish communities in addressing a subject they have avoided confronting for years happened, to our surprise and appreciation, a month ago. 

But first some background.

The woman who brought a suicidal/murderous human bomb to the door of a pizzeria in the center of Jerusalem 22 years ago this week lives in Jordan today. 

A fugitive with a $5 million reward on her head from the Rewards for Justice unit of the US State Department, she's free but not only that. 

She's also a media celebrity. A 21 year old TV news reader when she spearheaded the Sbarro massacre, she went on to host a television program aimed at a global Arabic-speaking audience that was produced in Amman, Jordan's capital, and beamed from there throughout the world weekly from February 2012 for the next almost-five years. 

If she wasn't already famous, the terror-focused show called "Breezes of the Free" turned her into a pan-Arab public figure. If anyone has a claim to being an icon of Islamist terror, a person who more than anyone else embodies murderous lust for dead Jews and Israelis, it is Ahlam Ahmad Aref Al-Tamimi

But this isn't about her. 

What's disturbed us more than any other single factor through the years that we have striven to see her arrested in Jordan, put on a plane and brought in chains to Washington where federal US charges have faced her since July 15, 2013, is the incomprehensible passivity of so many parts of American society.

And none more incomprehensible than America's Jewish organizational leadership. 

The still-thwarted US prosecution of Tamimi ought to have been embraced as an American-Jewish issue par excellence. The woman is open about having targeted Jews, and in particular Jewish children, in the massacre she engineered at Jerusalem's Sbarro pizzeria on August 9, 2001. And in this, she succeeded on a shattering scale: a death toll of sixteen, half of them children, most of the rest women, and three US nationals among them. 

She is on the record saying that nothing she did left her feeling any moral or other doubt: 

I have no regrets, and no Palestinian prisoner regrets what he or she has done. We were defending ourselves. What are we supposed to regret? Should we regret defending ourselves? Should we regret that the Israelis killed one of us so we killed a different one of them? We have no regrets. [Palestinian Media Watch]

And not only no regrets but redemptive theological conviction:

This is the path. I dedicated myself to Jihad for the sake of Allah, and Allah granted me success. You know how many casualties there were [in the 2001 attack on the Sbarro pizzeria]. This was made possible by Allah. Do you want me to denounce what I did? That's out of the question. I would do it again today, and in the same manner (Source; Tamimi interviewed in Jordan in October 2011 - translated by MEMRI).

Referring to two separate Jerusalem bombng attacks which she spearheaded, she brags (to a Turkish audience in October 2021) that 

Allah let me have a membership in the ‘Izz ad-Deen al-Qassam battalions and [allowed me to] participate in two jihad operations that produced, by the Lord’s virtue, the deaths of fifteen zionists with 122 zionists wounded in two Jihad operations. We ask Allah to accept this. These two jihad operations are a crown on my head. By Allah’s virtue, I entered history by doing the finest of deeds, the finest operations, in the finest of ways, which are the ways of jihad. Praise Allah, He has prescribed me this fate.

With years of detailed, recorded and filmed interviews, speeches and public rallies behind her, there is absilutely no reason to doubt Tamimi's deep belief in the righteousness of the crimes that have made her one of the FBI's twenty-four Most Wanted Terrorists

* * *

Jordan's supremely shabby role in keeping this appalling woman free and out of reach of America's law enforcement agencies is a matter of record. 

The Hashemite Kingdom entered into an extradition treaty with the United States in 1995. But in March 2017, just six days after the Justice Department in Washington unsealed its long-secret 2013 charges against Tamimi, it repudiated the bilateral agreement ["20-Mar-17: The Hashemite Kingdom's courts have spoken: The murdering FBI fugitive will not be handed over"]

There is no legal validity to Jordan's judicial assertions, whatever the Jordanians may claim. 

The United States has made a variety of official statements - some relatively forceful, some whispered, and none of them directed at Jordan in any public way - confirming that it views the treaty as in force. We summarize them here: "29-Mar-23: The Sbarro bomber's thwarted extradition from Jordan: Where does the State Department actually stand?

It's a troubling chronology.

Treaties and legal obligations are. of course, only as effective as the people who enforce them. In the Tamimi case, no one answers to that description with the exception, as we know from our own experience, of the prosecutors and investigators of the Department of Justice and of the FBI. Almost all the obstacles we know about, and to a large extent have experienced, emanate from the Department of State.

How do State Department officials justify stepping into the path of US law enforcement? How can they explain taking measures to ensure Tamimi isn't handed over to US marshals? Why would they align their interests and those of the US government with a monstrous terrorist responsible for he deaths of sixteen innocents including three Americans?

They don't. 

In fact, in an unclassified October 2022 fax to the parents of Malki Roth, one of Tamimi's many victims, they assert that Tamimi

must be held accountable for her role in the terrorist attack that claimed the life of your daughter and 14 others [that became 15 in March 2023 with the death of an American woman who had been left in a coma in the pizzeria atrocity]... The U.S. government remains fully committed to bringing Tamimi to the united States to face federal terrorism-related charges in U.S. courts. The U.S. government is pursuing all viable options to hold Tamimi accountable, including ongoing engagements with the Government of Jordan. I can sure you that pursuing justice for American victims of terrorism, including Malki, is a formost priority for the United States...

and so on.

Nothing substantive has happened to bring this loathsome woman to US justice in more than a decade. Nontheless some of the most senior officials at the pinnacle of US power continue to say how much they want her, how hard they're working to get her, that their thoughts and prayers go out to the families of her victims. 

It's not a terribly complex picture. Most people can figure out the truth of what's actually going on.

* * *

But in the midst of this remarkable saga where America's lawmakers, senior government officials and - to a surprising extent - America's mainstream media all show a striking passivity, there has been a long-overdue positive development

One of American Jewish life's leading advocacy organisations made an announcement a month ago that marks one of the very few positive moments in the years-long struggle to prosecute the Sbarro bomber. They addressed the US government with a request that efforts be made to get this extradition done. This is good news.

Here's how Jewish Insider reported it on July 13, 2023.

Wednesday, March 29, 2023

29-Mar-23: The Sbarro bomber's thwarted extradition from Jordan: Where does the State Department actually stand?

Al Arabiya News, April 5, 2021 [Image Source]

One of the useful indicators of how Washington views terror and terrorists comes in an annual publication, "Country Reports on Terrorism". Though mandated by Congress and issued by the State Department's Bureau of Counterterrorism, it gets surprisingly little public attention.

The State Department itself gives this background:

U.S. law requires the Secretary of State to provide Congress, by April 30 of each year, a full and complete report on terrorism with regard to those countries and groups meeting criteria set forth in the legislation. This annual report is entitled Country Reports on Terrorism. Beginning with the report for 2004, it replaced the previously published Patterns of Global Terrorism.

The report covers developments in countries in which acts of terrorism occurred, countries that are state sponsors of terrorism, and countries determined by the Secretary to be of particular interest in the global war on terror. As provided in the legislation, the report reviews major developments in bilateral and multilateral counterterrorism cooperation as well. The report also provides information on terrorist groups responsible for the death, kidnapping, or injury of Americans...

If you're reading this on the This Ongoing War blog site, you probably know our interest isn't academic or theoretical. We want our child's killer, an admitted bomber, a zealous terrorist and for more than a decade a media celebrity in Jordan, brought to Washington to face trial for her central role in the 2001 Sbarro pizzeria massacre atrocity. 

Her name is Ahlam Aref Ahmad Al-Tamimi

She has so far evaded American justice thanks to a dubious and highly problematic claim made by the Hashemite Kingdom of Jordan in March 2017 that the Jordan/US extradition treaty is invalid.

The problematic part of this stems from how the US has demonstrated incredible and almost totally-unreported deference towards its Jordanian ally by deflecting attention and commentary away from the embarrassment of America's most lavishly funded foreign-aid beneficiary sticking a finger in Washington's eye.

At the same time, in one of the exceedingly rare communications we have gotten from any State Department officials, a senior figure in Washington sent us a letter dated October 25, 2022 which makes some bold and serious-sounding claims about what the sender calls "a foremost priority for the United States" when referring to bringing Tamimi to US justice.

In the five months since that letter was sent to us, we have responded to that official in writing on seven occasions. Number of responses received by us: nil.

The last photo taken of our daughter Malki
the evening before her murder

Country reports

You get a sense of that by looking at the Jordan section of State's Country Reports on Terrorism over the past several years. 

But first this.

The Justice Department filed a criminal complaint against Tamimi almost a decade ago on July 15, 2013: see "US -v- Ahlam Al-Tamimi - Criminal Complaint (Sbarro Pizzeria Bombing)". She's been free the entire time. And not only free but influential in the worst way. She's a poster child for terrorism with access for most of the past decade to high-powered media channels. 

Now read on.

At the request of DOJ prosecutors, the criminal complaint (essentially the same as an indictment) was then immediately sealed. In other words, it remained undisclosed and unknown to us and to the general public for the next four years. 

We wrote about the eventual announcement here: "14-Mar-17: Sbarro massacre mastermind is now formally charged and her extradition is requested".

What we were quietly told by people familiar with the details is that between the summer of 2013 and the spring of 2017, the US made repeated but unsuccessful efforts to persuade the Jordanians to extradite Tamimi to Washington. They were doing their best to get a strategic US ally to respect and comply with their bilateral treaty. And they failed.

It's likely those efforts continued after the charges were made public. But no details have ever been made public. 

However there's little doubt about the bottom line: the Jordanians were not willing and remain unwilling today to do what their solemn bilateral treaty demands they do. What the US position is in all of this is worth trying to decipher.

What the reports reveal

If you look at the annual State Department Country Reports on Terrorism for the years 2014, 2015 and 2016, there's a consistent and unmissable emphasis on how true Jordan is to the mission of defeating the terrorists. The praise flows without interruption down through the years.

The 2014 report, issued a couple of months after the deadline in June 2015 [PDF] says in its Overview to the Jordan section starting at page 182, that in the year under review - 

Jordan remained a key ally and a model partner in combating terrorism and extremist ideology. Jordan’s geographic location leaves it vulnerable to a variety of regional threats, while also facilitating its regional leadership in confronting them... Jordan demonstrated regional leadership in the fight against ISIL, joined the Global Coalition from the outset, and participated fully on the diplomatic, political, financial, and military fronts...

There's no mention here of Tamimi. She had been received as a hero in Jordan in October 2011 and hosted a weekly made-in-Jordan global TV show starting in early 2012 and continuing for the next five years. This Hamas-aligned program, beamed throughout the world and garnering an international audience of Arabic speakers, had a singular focus of encouraging support for terror. That show, "Breezes of the Free", was still thrilling its worldwide audience weekly at the time the report was published. 

The 2015 report, issued in June 2016 a little more delayed than the previous year's edition and adopting similar but not identical language, says at page 191 that -
Jordan remained a key U.S. ally in countering terrorism and violent extremist ideology in 2015. Jordan’s location in a tumultuous region made it vulnerable to a variety of threats, yet also facilitated its regional leadership in confronting them. Jordan continued to take part in all key aspects of the Global Coalition to Counter Islamic State of Iraq and the Levant (ISIL)...
Once again, no mention of Tamimi. Nor of the 1995 treaty or its breach or her weekly terror-promoting TV show.

The 2016 report came out on July 19, 2017, later than in the past. By then, the US criminal charges against Tamimi had been unsealed in Washington (that was done on March 14, 2017). And Jordan's Court of Cassation had ruled on March 20, 2017 that Jordan was free to ignore the 1995 Extradition Treaty with the United States because it was flawed and for that reason invalid. [See "Jordan court blocks extradition of bombing suspect to US", Associated Press]
 
The court's ruling makes clear the flaw, if there is any flaw at all, is a Jordanian flaw - a failure by Jordan to comply with its own rules

Using similar phrasing, this 2016 report says 
Jordan remained a committed partner on counterterrorism and countering violent extremism in 2016. As a regional leader in the Global Coalition to Defeat ISIS, Jordan played an important role in Coalition successes in degrading the terrorist group’s territorial control and operational reach. Jordan faced a marked increase in terrorist threats, both domestically and along its borders...  

Tamimi once again isn't mentioned at all.

The 2017 report emerged on September 19, 2018, nearly five months after Congress' statutory deadline. By that time Tamimi, who continued to be harbored by Jordan in breach of the 1995 treaty but was never in hiding and lived an unusually high profile public life, had already been an FBI Most Wanted for a year and a half. Her TV show had meanwhile come to an end. 

The report again says 

Jordan remained a committed partner on counterterrorism and countering violent extremism in 2017. As a regional leader in the Global Coalition to Defeat ISIS, Jordan played an important role in Coalition successes in degrading the terrorist group’s territorial control and operational reach. Although Jordan experienced a decrease in terrorist activity in 2017 compared to the previous year, the country faced a continued threat posed by terrorist groups, both domestically and along its borders...

This time, however, the Tamimi case is a key part of the discussion:

A U.S. criminal complaint was unsealed in March charging Ahlam Aref Ahmad Al-Tamimi, a Jordanian national in her mid-30s, with conspiring to use a weapon of mass destruction against U.S. nationals outside the United States resulting in death. The charge is related to her participation in an August 9, 2001, suicide bomb attack at a restaurant in Jerusalem that killed 15 people, including two U.S. nationals. Four other U.S. nationals were among the approximately 122 others injured in the attack. Also unsealed was a warrant for Al-Tamimi’s arrest and an affidavit in support of the criminal complaint and arrest warrant. Jordan’s courts have ruled that their constitution forbids the extradition of Jordanian nationals.

We were gratified to note that the State Department narrative explicitly mentions Tamimi's victims in addition to the fugitive zealot herself. At the same tine, it raised some troubling concerns:

  • The validity of the 1995 US/Jordan treaty isn’t discussed here at all. 
  • What does get mentioned is the Jordanian view that their constitution forbids the extradition of Jordanian nationals. Whatever the compleixities of Jordan's stand, this claim is plainly untrue. There's abundant evidence that Jordan has - and is very public about - the multiple extradition treaties it has negotiated with numerous countries. 
  • What's more - and this too goes unmentioned - Jordan has extradited to the US multiple times in the past.
  • Does the United States regard the extradition of Tamimi as being within the power of Jordan to do? There's no examination here of that question.
The 2018 report was published on November 1, 2019 - later than those that came before. Its Jordan chapter this time is explicit about the Tamimi case:
A U.S. criminal complaint was unsealed in 2017 charging Ahlam Aref Ahmad Al-Tamimi, a Jordanian national in her mid-30s, with conspiring to use a weapon of mass destruction against U.S. nationals outside the United States resulting in death. The charge is related to her participation in the August 9, 2001 suicide bomb attack at a restaurant in Jerusalem that killed 15 people, including two U.S. nationals. Four other U.S. nationals were among the approximately 122 others injured in the attack. Also unsealed was a warrant for Al-Tamimi’s arrest and an affidavit in support of the criminal complaint and arrest warrant. In 2018, Jordan continued to cite a court ruling that its constitution forbids the extradition of Jordanian nationals.  The United States regards the extradition treaty as valid.
We were glad to see these aspects covered: 
  • The extradition treaty is mentioned.
  • For the first time, the US calls it valid. That should never gave been a contentious issue but it's good to see it there in black and white.

The 2019 report was published on June 24, 2020. It covers terrain similar to that of the previous edition but significantly more than in earlier years.

In 2019, Jordan did not extradite Ahlam Aref Ahmad Al-Tamimi, a Jordanian national in her mid-30s, who has been charged in the United States with conspiring to use a weapon of mass destruction against U.S. nationals outside the United States resulting in death. The charge is related to her participation in the August 9, 2001, suicide bomb attack at a pizzeria in Jerusalem that killed 15 people, including two U.S. nationals. Four other U.S. nationals were among the approximately 122 others injured in the attack. Following publication of the 2018 Country Reports on Terrorism, Foreign Minister Ayman al-Safadi confirmed that U.S. authorities asked Jordan to extradite Tamimi, and he expressed the view that Jordan’s constitution does not allow the extradition of a Jordanian citizen to a third country. The United States regards the extradition treaty with Jordan as valid and in force.

Notably it adds the view of Jordan's foreign minister (who has also been the kingdom's deputy prime minister since 2021) that Jordan had indeed been asked by its American ally and benefactor to comply with the extradition request made under the treaty. And that in US government eyes the treaty is not only valid (as the 2018 report says it is) but also "in force". 

In this battle of contending claims, every word counts and the implied assertions about Jordan being in breach encouraged us.

Then the 2020 report appeared (on December 16, 2021, later than ever) and the mood changed. Throughout that year, the US was under a Trump administration. But the report itself was published after almost a year of a Biden presidency.

Jordan remained a committed partner on counterterrorism and countering violent extremism.  As a regional leader in the Global Coalition to Defeat ISIS, Jordan played an important role in Defeat-ISIS successes by preventing the terrorist group from regaining any territorial control and restricting its operational reach…

But then this:
The United States continued to press Jordan to extradite Jordanian citizen Ahlam al-Tamimi for her role in a 2001 suicide bomb attack at a pizzeria in Jerusalem that killed 15, including 2 U.S. citizens.
And that's all they say. We were alarmed by how

  • While the word “extradition” does appear...
  • the 1995 treaty is not mentioned at all.
  • The legal duty to comply with a treaty obligation is translated to an absurdly, misleadingly bland formulation in which the US continues to press. Pressing for a decade? Is that even called a press?
  • No statement that Jordan breaches the treaty 
  • No mention of the fact that the US views the treaty as being valid and in full force. 
  • And this: The State Department's authoritative Treaties in Force, an on-line compendium whose name describes its contents and function well, lists the Clinton-era Jordan/US extradition treaty at page 245 of the downloadable PDF in these words: "LAW ENFORCEMENT - Extradition treaty. - Signed at Washington March 28, 1995 - Entered into force July 29, 1995."
And finally the 2021 report. It's the last one to have appeared so far and was published just a month ago on February 27, 2023. The mandated deadline was April 30, 2022. But the 10 month delay for an annual report doesn't seem to have troubled anyone. 

Its full text is downloadable herethe Jordan chapter is here. It opens with the now-customary formulation that

Jordan remained a committed partner on counterterrorism and countering violent extremism in 2021. As a regional leader etc.

and then goes on to say this about Tamimi and her scandalous freedom:

The United States has emphasized to the Jordanian government the importance of holding Ahlam al-Tamimi accountable in a U.S. court for her admitted role in a 2001 bombing in Jerusalem that included two Americans among the 15 victims. She had been serving a prison sentence in Israel for a terrorism conviction related to the bombing before she was released by Israel as part of a prisoner exchange.

It's fair to say the cold disdain to which we, the parents of one of Tamimi's victims, have been treated at the hands of State Department officials in all the years since Tamimi's indictment, ought to have prepared us for this. But it didn't and we were stunned. 

Note what's said and what is not:

  • As with the report covering 2020, the cornerstone 1995 Jordan/US extradition treaty gets no mention here at all.
  • In fact, the word ‘extradition’ doesn't even appear.
  • The Jordanian court decision invalidating it in 2017 gets no mention either.
  • Nor do the grounds on which the invalidation was based by the Jordanian judges.
  • Nothing is said about the nature of the flaw alleged by the Jordanian court six years ago. Even if it is real and even if it has legal consequences (both very unlikely), this is a self-inflicted Jordanian flaw. 
  • And by definition - since it involves a failure by the Jordanian parliament to take a certain step - it's a flaw that could have been cured by the Jordanian parliament on any day that its members sat in session from 1995 right up until this morning. That a defective Jordanian procedure hasn't been repaired is a result of Jordan deciding to leave it that way.
  • No mention of the US government's position as articulated in previous State Department Country Reports on Terrorism. The US says the treaty is valid and in force. Why after years of asserting what is plainly true is this central issue now dropped from the State Department analysis?
  • No statement that Jordan is breaching it. 
  • But what is mentioned, and for the first time, is that Tamimi was imprisoned and then released by Israel. There's surely a good reason for the Bureau of Counterterrorism in Washington doing that. But right now we can only think of reasons that are not good.
  • Something else that could have - and perhaps should have - been included in this important survey: some mild expression of US determination that in fighting terrorism the US has its principles and red lines. Whether or not the DOJ people articulating them in the 2017 unsealing ceremony for the Tamimi charges believed what they said, they said important things about justice and US determination. Check it out: "Individual Charged in Connection With 2001 Terrorist Attack in Jerusalem That Resulted in Death of Americans" [Department of Justice Media Release, March 14, 2017].
  • Has that important moment been flushed away along with the principles and the determination? 
As we said, stunning

But also revealing about what the US government wants Americans to know about Tamimi's ongoing freedom.
The take-aways
  1. We're not giving up.
  2. But if we could tap into wider and stronger support from Americans (and not only Americans) who get the same sickening sense we do that Jordan unjustly benefits from unprincipled backing in Washington, we and our pursuit of accountability and justice would be in a better place. 
  3. If only the State Department's annual reports got more attention.

Monday, September 12, 2022

12-Sep-22: What, officially, does Jordan hear from the US embassy about the Tamimi extradition?

Source: Yesterday's Jordan Times
There are reports in the Jordanian media today about a Congressional Delegation ("a CoDel") visit to the royal palace in Amman yesterday.

The only Congressional name that appears in any of the numerous news items we saw is that of Senator Michael Rounds, a Republican and the junior senator from South Dakota. He sits on the Senate Foreign Relations Committee.

He was accompanied by the American ambassador, Henry Wooster. Other American-looking visitors (possibly staffers) are seen in the accompanying news video but the Jordanian reports don't name any of them. 

The visit was clearly appreciated by the hosts. That's evident from seeing which Jordanians participated. King Abdullah II; his son Crown Prince Hussein; Jordan's Foreign Minister and Deputy Prime Minister, Ayman Safadi; and the director of the king's office, Jafar Hassan. There may have been others.

As we have said in previous posts, official American delegations to Jordan's sumptuous Al Husseiniya Palace raise thorny, even disturbing, questions about how the United States views the Hashemite Kingdom's years-long breach of the 1995 Extradition Treaty between the two countries


The 1995 treaty we mentioned is the one invoked by the US Department of Justice when it filed a criminal complaint on July 15, 2013 against the Jordanian woman charged with bringing a powerful and very deadly bomb - an exploding human being, a human bomb - to a central Jerusalem Sbarro pizzeria thronged with a lunch-hour crowd of families and children. The children. as we learned later from the mouth of the monster who made the decision, were the target.

Our daughter Malki, 15, was one of the children murdered there that day. 

No official account reports what happened after the charges were signed off by Magistrate Judge Deborah Robinson in the United States District Court for the District of Columbia. 

But from several sources, our understanding is that the DOJ promptly (we think in mid-2013) notified its Jordanian counterparts of the court order. And then delivered a request that the fugitive bomber be extradited under the treaty as other Jordanian fugitives had been extradited by the Jordanians before her each time Jordan was formally requested to do so by the Americans.

In the specific case of the Sbarro bomber - and on more than one occasion - Jordan rejected the request. 

* * *

Let's now fast-forward almost four years. The criminal complaint against the Jordanian woman, a Hamas agent named Ahlam Aref Ahmad Al-Tamimi, was eventually made public on March 14, 2017. It had been kept secret under seal until then. 

Did the US make energetic efforts to get Tamimi extradited under the treaty through all those years? There's no way to know for sure. But the answer is almost certainly yes.

Then, just six days after the unsealing and the formal announcement [see Individual Charged in Connection With 2001 Terrorist Attack in Jerusalem That Resulted in Death of Americans] of the terrorism charges against Tamimi, Jordan's highest court sprang into action. In a stunning and brief ruling, it said Jordan had no obligation to hand her to the Americans because the then-22-year-old bilateral agreement suffered from flaws. 

On closer examination, it was clear they meant flaws created by Jordanflaws that only Jordan could fix if -- and it's a large if -- they were indeed real
The Al-Husseiniya Palace in Amman 

But no one was giving their ruling closer examination. And no news report at the time cast any doubt at all on the soundness of the Jordanian judges' argument. That's a shame because to us it's clearly built on deception and inaccuracies. (We choose not to use blunter words.)

Tamimi herself, by then an icon in her homeland, was triumphantly hugged to Jordan's breast. 

Some excerpts from an Associated Press article under the by-lines of Karin Laub (AP's then Jordan bureau chief) and Mohammed Daraghmeh:
A Hamas activist on the FBI’s list of “most wanted terrorists” said she is relieved Jordan’s highest court has blocked her extradition to the U.S., where she faces charges in a suicide bombing that killed 15 people, including two Americans, at a crowded Jerusalem pizzeria.
Ahlam al-Tamimi, 37, who chose the target of the 2001 attack and guided the bomber there, told The Associated Press that she “lived in fear” for her life until this week’s high court ruling, in part because she had received threats, including from U.S. citizens, on social media. She said she can’t leave her native Jordan for fear of arrest if she travels abroad.
Al-Tamimi has been unapologetic about her role in one of the deadliest of scores of Hamas suicide bombings during the second Palestinian uprising against Israeli rule. She said Palestinians have a right to resist by any means, including with such attacks, against what she portrayed as a brutal military occupation.
“We are an oppressed people defending ourselves,” al-Tamimi said in an interview this week in her home in the Jordanian capital, Amman. “We want Israel to leave our land so we can live in quiet.”
Asked about her role in the killing of civilians, including children, she said: “I don’t target children, but when the bomb goes off, it goes everywhere.”
The blast at the Sbarro restaurant in downtown Jerusalem went off on the afternoon of Aug. 9, 2001. The assailant detonated explosives hidden in a guitar case packed with nails. Fifteen people were killed, including seven between the ages of two and 16, and scores of people were wounded.
Al-Tamimi was arrested by Israel several weeks after the bombing and sentenced to 16 life terms. She was released in a 2011 Israel-Hamas prisoner swap.
Since then, she has been a familiar media presence, including at one point hosting a talk show on a Beirut-based Hamas-run TV station about Palestinians imprisoned by Israel.
She has also spoken repeatedly about the attack, saying she was pleased with the high death toll.
On Monday, Jordan’s high court ruled that al-Tamimi cannot be extradited from Jordan to the United States because the two countries don’t have an extradition treaty.
[Source: "Jordan planner of 2001 blast relieved US extradition blocked", AP, March 23, 2017 - originally posted here and now archived]
There's much more to be said about whether the Jordan/US treaty is valid including very significant information we (Frimet and Arnold Roth) obtained when we sued the US government under the Freedom of Information Act. Note: sued. Simply applying under the FOIA law got us nowhere.

The US, at least for the record, has consistently said the 1995 treaty is as valid today as it was when new, and remains binding on the parties and in full effect. The treaty is listed in the State Department official online Treaties in Force compendium

In the course of many consultations and discussions we have had with officials of the US government and legal experts, not one of them has contradicted that or brought it into question.

On the other hand, getting US officials to state the obvious has proven incredibly frustrating. To say it plainly, if the treaty is valid, then the failure by Jordan to comply with its treaty obligation in the Tamimi case is a breach. And if it's a breach, why is no one saying so? The simple answer, friends and neighbors, and there is one, is that it's all about politics. 

Meanwhile, Tamimi lives free as a bird in Jordan as the Department of Justice prosecutors in Washington and the FBI agents charged with delivering her to US law enforcement cool their heels. 


* * *

Henry T. Wooster, a career diplomat, was nominated in November 2019 to become the US ambassador to Jordan, a position that had remained unfilled since Alice Wells departed in March 2017. (A Foreign Policy article at the time said that soon after taking office, "President Donald Trump pushed out the US ambassador to Jordan after complaints from the country’s king, even though there was no evidence the diplomat had misrepresented Washington’s policies.")

The nomination was made by the Trump White House.

US ambassadors need to be confirmed before their appointments are official. The confirmation process involves public hearings in the US Senate. 

Our focus now shifts to what Mr Wooster said when going through that process in a video conference session of the Senate Committee on Foreign Relations on May 13, 2020 presided over by Hon. John Barrasso, (Republican, Wyoming). The candidate, according to the chairperson's introduction in the official protocol, is:
a career member of the Senior Foreign Service, Class of Minister-Counselor. Mr. Wooster is currently the Deputy Assistant Secretary of State for the Maghreb and—or Egypt in the Bureau of Northeastern Affairs. He has previously worked as the Deputy Chief of Mission and then Charge´s d’Affaires at the U.S. Embassy in Jordan. Mr. Wooster has also served as Deputy Chief of Mission in the U.S. Embassy in France.

The years Mr Wooster previously served in America's Jordan embassy evidently warmed him to the charms of the kingdom. He underscored this in answering a question about the possible impact on Jordanian feelings if the US were to cut back its financial support refugees:

Well, Senator, no one knows this better than the Jordanians—no one is a better friend to Jordan than the United States is. And we can say that with integrity. And I can look you in the virtual eye and say it. And that is true by orders of magnitude. It is not simply a debating distinction. It is true if you look at the record. And the record shows, again and again and again, and with orders of magnitude, there is no friend that is better to the Hashemite Kingdom than the United States. So, we do not want these people to be beleaguered, and we do not want them left out in the dark. I mean, these are allies and strategic partners, and we are going to stand by them. We are going to make sure that they are not left with a deal that is bad for Jordan, too. [Source: The official protocol]

Diplomats as effusive as Mr Wooster aren't all that common.

But let's compare that now with what happened in the non-face-to-face part of the confirmation hearing when questions for the record are submitted ahead of time by the Senators and the candidate responds after taking some time to prepare a written answer. This doesn't always happen - but it happened in the Wooster confirmation.

In the protocol, the exchange that follows is headed "RESPONSES TO ADDITIONAL QUESTIONS FOR THE RECORD SUBMITTED TO HENRY T. WOOSTER BY SENATOR TED CRUZ". 

Question. Please describe the extent to which Jordan’s refusal to extradite Tamimi has affected U.S.-Jordanian relations?

Answer. We continue to ask that the Government of Jordan arrest Ahlam Aref Ahmad Al-Tamimi and agree to extradite her to the United States. The Government of Jordan has been unwilling to accede to our request due to the Court of Cassation’s ruling that our bilateral extradition treaty is not valid. We continue to dispute the court’s claim, as we exchanged instruments of ratification that brought the treaty into force on July 29, 1995 and the treaty has not been terminated. We continue to raise this issue at the highest levels in order to reach a satisfactory solution.

Question. What options and leverage does the United States have to secure Tamimi, including potentially withholding assistance to the Government of Jordan?

Answer. The United States has multiple options and different types of leverage to secure Ahlam Aref Ahmad Al-Tamimi’s extradition. We will continue to engage Jordanian officials at all levels not only on this issue, but also on the extradition treaty more broadly. U.S. generosity to Jordan in Foreign Military Financing as well as economic support and other assistance is carefully calibrated to protect and advance the range of U.S. interests in Jordan and in the region.

Question. Can you commit to using those options and leverage to secure Tamimi’s extradition?

Answer. If confirmed, I would explore all options to bring Ahlam Aref Ahmad Al-Tamimi to justice, secure her extradition, and address the broader issues associated with the extradition treaty.

It's the kind of forthright response a well-prepared ambassador ought to give. But we're left wondering how closely His Excellency Henry T. Wooster, Ambassador Extraordinary and Plenipotentiary to the Hashemite Kingdom of Jordan (as he has been since August 27, 2020), hews to the approach he outlined to the Senate.

* * *

As of today, Tamimi is still free and still making public appearances replete with messages encouraging terror. 

As for Jordan, its senior officials (with the notable exception of Foreign Minister Safadi) have maintained a policy by which they carefully avoid making public statements about the treaty even as they hold tight to the kingdom's celebrity terrorist. The principal principle seems to be: just don't get into spats with the Americans

The United States through three administrations (Obama, Trump, Biden) takes a reciprocal approach and is sticking to it. And justice be damned. 

The exception to the game-plan is Safadi. We have published two blog posts reporting how, on two occasions a year apart, he has asserted publicly in Arabic to domestic audiences that refusing to hand over the mass-murderer as required by the treaty is actually evidence Jordan respects the law: see "13-Nov-19: Thank you, Mr Foreign Minister" and "16-Nov-20: Justice, the Tamimi extradition and what Jordan tells Arabic media but not the world".

(We haven't yet written about the numerous occasions on which Jordan's king, speaking off the record in what are often closed-door meetings in the US, offers a range of near-plausible explanations for his Tamimi strategy.)

2001 The site of the Sbarro massacre (Peter Dejong, AP)
If Mr Wooster were the kind of person who answers letters, we would want to pose some questions to him based on what he placed on the record. 

For instance,

  1. Has he or his staff in the Amman embassy explored all options to bring Tamimi to justice? Is there a plan to start exploring this at some point in the foreseeable future? 
  2. Can he outline for us what "all options" might look like?
  3. Those "broader issues associated with the extradition treaty" - can we get a preview of what they are? 
  4. Can we count on them getting public exposure even as the FBI Most Wanted fugitive terrorist is hosted by Jordan? 
  5. In continuing to dispute the Jordanian court’s claim about the validity and applicability of the treaty, and raising the issue "at the highest levels in order to reach a satisfactory solution", is there progress? It's been years, Your Excellency. Can we get some teeny tiny indication of how the process is going? 
  6. And where the sticking points are?
  7. Would the Ambassador like to know a little about our murdered daughter Malki? About her beautiful life and about the really fine non-sectarian, apolitical and tremendously constructive work done in her memory via the Malki Foundation?
From experience, we fear each of our questions would get the same answer.

Friday, July 22, 2022

22-Jul-22: The loneliest battle of my life

An edited version of the article that follows, written in English by Frimet Roth, was published in Hebrew in the pages of Haaretz and on its Hebrew website last week [here]. The title, translated into English: "The woman responsible for my daughter's murder remains free."

My husband Arnold and I never expected to be involved in political activities of any kind, and certainly not at this stage of our lives. 

We have raised children who are now raising their own children. By our own standards we have lived constructive lives. And we have kept away from politics and politicians the whole time.

Now, more than thirty years after we settled in Jerusalem as olim from Australia and the United States, we find ourselves in one of the loneliest battles it’s possible to imagine.

There is a woman who lives about an hour from here, a woman we have never met. We have spent years trying to get her imprisoned for the rest of her life.

On March 14, 2017, the Department of Justice in Washington charged Ahlam Aref Ahmad Al-Tamimi with “conspiring to use a weapon of mass destruction against US nationals outside the US, resulting in death.

Her weapon of mass destruction was a human: a man with an explosives-and-shrapnel-filled guitar-case on his back. He detonated while standing at the counter of the crowded Sbarro pizzeria in the center of Jerusalem on August 9. 2001. The powerful blast decapitated him and destroyed the bustling premises and everything inside. Tamimi later called the massacre “my operation” in one of her many triumphant social posts.

Intending to kill as many children as possible, she came to Jerusalem on August 9, 2001, age 21 and dressed in clothes that made her look Israeli instead of the Islamist zealot that she really was. She had already chosen the pizzeria as her target and brought the bomb right up to its door. Instructing her young male companion on when and how to explode, she ran from the scene. By the time he did what she told him, she had already escaped to safety.

A few hours later, she was the reader of the evening news at a Palestinian TV station in Ramallah called Al-Istiqlal. We weren’t watching.

* * *

We buried our smiley, talented, much-loved Malki, 15, the next afternoon.

Tamimi descended into Israel’s military courts system and then prison in the weeks and years that followed. No one from the government ever contacted us; we knew only what the Israeli public knew. Our sources were the same as everyone else’s.

Then something incomprehensible happened. 

In October 2011, Netanyahu announced that he had done a deal to get back Gilad Shalit, a soldier held for ransom by Hamas. The price: freedom for 1,027 convicted terrorists, most of them killers. We turned to the media to express the incomprehensibility of what was being done and our rejection of the idea that the Sbarro bomber should ever be released under any conditions.

No one from the government of Israel informed us or asked us what we think – and Tamimi’s sixteen terms of life imprisonment ended just like that. Eight years after she was sentenced, the monster walked free.

* * *

Frimet was interviewed by Haaretz on the day
the Shalit Deal was consummated
The awful reality turned unbearable just a couple of months after Tamimi settled back in Jordan where she was born and educated: she was given her own shiny new weekly television show, beamed by satellite every Friday night into all parts of the Arabic speaking world via the Al-Quds TV channel operated by Hamas.

"Naseem Al Ahrar" (translation: “Breezes of the Free”), encouraged its audience to admire and support terror and those who do it. It became a hit that ran for five years.

The week it started to appear on television, my husband went to Washington. I couldn’t travel but I went with him in the form of a video clip we recorded at our home the night he traveled. Together the two of us tried to persuade a room full of senior Department of Justice and FBI officials that criminal charges should be brought against the Sbarro mastermind. No case of Palestinian Arab terror leading to the murder of Americans in Israel had ever been prosecuted by the US government before, though a law enabling this had been on the books for years. The key factor was that Malki had dual American and Israeli citizenship.

***

That Washington DC chapter happened in February 2012. We felt it went well, but no one told us that a federal judge signed the criminal complaint on July 15, 2013. We didn’t know US diplomats were negotiating with Jordan to extradite her. We were given no sign that the charges even existed.

We learned about them in a March 14, 2017 private meeting with DOJ representatives in Jerusalem. They came here to tell us. Tamimi became an FBI Most Wanted terrorist a few hours later, only the second woman ever to be put on that list. An arrest order and extradition request were delivered to the Hashemite Kingdom at about the same hour that we met with the Americans.

We imagined a road ahead leading to trial and imprisonment. In less than a week, we learned how naïve we were.

***

The five years that followed have been hard. The DOJ people making the Tamimi announcement in Washington seemed righteous and determined. But they very soon became unreachable, at least to us.

Jordan’s highest court ruled later that same week that the 1995 Clinton/King Hussein Extradition Treaty was invalid. The reasons were absurdly technical and as we have since learned, don’t hold water. We learned this by suing the US State Department two years ago. If we had any doubt before, we now knew that the Jordanian government was concealing the truth in order to keep this immensely popular figure safe from the Americans.

In the years since March 2017, the US has stated formally — but very quietly — that the treaty actually is valid. But they have never made a single public call telling Jordan to hand her over to US law enforcement. Meanwhile Jordan has become one of the three largest recipients of massive US foreign aid. Tamimi lives free in Amman, never in hiding for even a day.

It’s not only Washington that’s lost its voice. America’s major Jewish organizations have almost entirely failed to urge the US to enforce its own criminal code or its own treaty to bring Tamimi to justice.

Through writing, blogging, speaking via video conference wherever we are invited, we keep the campaign alive. We wrote to President Biden last Sunday asking him in a private letter to meet with us, to talk with us about how it can be that America’s most wanted female fugitive remains free to keep inciting other people, especially children and teenagers, to do more terror. The White House has not responded but told Associated Press on Monday that they have no intention of responding to the Roths’ letter.

In Israel’s power circles, our voices get close to zero attention, and not for lack of trying. Israel has done nothing to help bring Tamimi to American justice.

We understand the political calculus: terror bad, King Abdullah good, mustn’t undermine him. But if you see justice as a supreme value, it’s hard not to feel betrayed.

***

Four weeks from now, we will mark our precious Malki’s 21st yahrzeit, the anniversary of her murder. With time, it strangely becomes ever more painful to think about her. Perhaps this is because the list of milestones she has missed grows with each day for me.

I imagine her as a mother and wife. A musician perhaps - she played the classical flute exceptionally well already at the age of fifteen. As an occupational therapist – the field she told me she hoped to study.
Malki

I imagine conversations where I share personal experiences with her. She was not only my oldest daughter but a friend as well.

Kindness, empathy and generosity were second nature to her - towards her parents, her six siblings, her many friends. She even extended those traits to her youngest sibling, Haya, who was and remains profoundly disabled: blind, unable to speak, to stand, to sit, to respond in any way.

But Malki lavished love and attention on her and reached out as well to other children with disabilities in our neighborhood, at her school, in summer camps.

At school, she didn't excel but did passably well. Studying for exams only stole time from her other activities - artwork, heart-to-heart conversations at the youth group where she was an enthusiastic madricha.

I long to do more for her. But all that is left for me is to honor her by bringing her murderer to justice. With every letter my husband and I write to powerful and influential people, with every phone call we make, with every interview we give to the media, I feel that I am giving a gift to our Malki.

POSTSCRIPT: More than 20,000 justice-minded people from all parts of the world have already answered our request to sign our petition. It urges the Secretary of State in Washington to do what should have been in 2013 when a federal judge signed a criminal indictment against Tamimi: tell Jordan to hand her over to the still-waiting US law enforcement officials so she can be tried in a court of justice under US law as the Jordan/US extradition treaty explicitly requires. To sign the petition, go to change.org/ExtraditeTamimi. Thank you.