Editorial: Advocacy by Omission

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U.S. Representative Rashida Tlaib
U.S. Representative Rashida Tlaib (Brian Thorpe, House Creative Services via Wikimedia Commons)

Forty members of Congress, led by Rep. Rashida Tlaib, are demanding that Secretary of State Marco Rubio secure the immediate release of Sama Safi, a 20-year-old U.S. citizen being held by Israel. Their concern for Safi’s health is legitimate. Their demand for humane treatment, proper medication, access to counsel and a fair judicial process is entirely appropriate.

Their demand that she simply be released is not.

The reason is not complicated. Safi has now been formally charged with membership in the Popular Front for the Liberation of Palestine, a U.S.-designated Foreign Terrorist Organization. That fact is not a technicality. It changes the nature of the case.

Before charges were filed, Congress could fairly ask why an American citizen was being held without a formal accusation. Once prosecutors charged Safi with membership in a terrorist organization, however, the question became different: Is there sufficient evidence? Is the process fair? Is detention justified? Is her health being protected?

Those are serious questions. They are not the same as whether she should simply be freed.

A criminal charge does not establish guilt. Safi denies the allegation, and her lawyer is contesting her detention. The evidence may ultimately prove weak or insufficient. But a formal charge means there is now a specific accusation to test, evidence to examine, a defense to mount and a court to persuade. That is precisely why the omission in the August 25 congressional letter is so troubling.

The lawmakers repeatedly emphasize that Safi was originally detained without charge, yet never acknowledge that charges were subsequently filed or explain what they are. They continue to describe her detention as “wrongful” and demand her immediate release while leaving out the central fact that explains why she remains in custody. That is advocacy by omission.

And the nature of the charge matters. Membership in the PFLP is not some vague regulatory offense. The United States itself classifies the organization as terrorist. Congress need not accept Israel’s accusation. But lawmakers demanding intervention by the U.S. government surely have an obligation to tell the public that the prosecution involves alleged membership in an organization Washington itself condemns.

There is, meanwhile, enough evidence of medical difficulty to justify pressure on Israel. Safi suffers from Familial Mediterranean Fever. Her family says medication has been inconsistent, and her doctors have warned that prolonged inflammation could cause permanent damage. Her attorney argues that detention is worsening her condition.

Israel should provide every necessary treatment, permit appropriate medical evaluation, ensure consular access and consider medical bail if her health cannot safely be managed in custody. But humane treatment and unconditional release are not synonyms.

Congress had a strong case available to it: insist on proper care, demand transparency, press for prompt proceedings, seek bail if medically warranted and monitor the case closely. Instead, these lawmakers chose to prejudge the outcome while suppressing the fact most inconvenient to their argument.

Citizenship deserves protection, not immunity. Due process means testing the charge, not pretending it does not exist.

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