Summary of the important points in a 22 page complaint/lawsuit against President Biden and Secretary of State Blinken:
The Trump admin signed into law the "Taylor Force Act" to prevent the U.S. government from sending funds to the Palestinian Authority. The Biden admin has broken this law.
A lawsuit has been filed to stop the Biden admin from continuing to fund the Palestinian Authority. The lawsuit details how the Biden admin has funded the Palestinian Authority with more than $1 Billion in taxpayer money, including their “Pay to Slay” program.
Under "Pay to Slay", the Palestinian Authority rewards terrorists and/or their families with money for committing terror attacks.
Terrorists who are married, or have children, or are Israeli residents/citizens receive an additional payment. Terrorists who spend more than 5 years in prison are paid a guaranteed salary by the Palestinian Authority for the rest of their lives.
Every terrorist is paid by the Palestinian Authority. This includes members of designated terror organizations, such as Hamas, Palestinian Islamic Jihad, and the Popular Front for the Liberation of Palestine, who kill U.S. citizens.
Contrary to the Taylor Force Act, which Trump signed into to law, the Biden admin has transferred American taxpayer dollars to directly subsidize the Palestinian Authority. The defendants are unlawfully laundering U.S. taxpayer funds through non-governmental organizations [NGO’s].
Since the date of the filing of the complaint/lawsuit, 12/20/22, the defendants admit that the Palestinian Authority operates "Pay to Slay" to encourage terrorist attacks against persons living in and visiting Israel.
The complaint states that the Palestinian Authority's goal is to terminate the State of Israel.
Because of the Palestinian Authority’s incitement, support for terrorism, and corruption, the Trump Administration terminated all Economic Support.
On or about May 11, 2021, Biden sent a letter to the Palestinian Authority promising his direct support. At that time, Biden officials, including Secretary of State Blinken, warned Israel to cease defensive anti-terrorism activities and to stop applying Israeli law in Jerusalem.
On or about May 26, 2021, defendant Blinken confirmed the payment of more than $360 million in U.S. funding directly benefiting the Palestinian Authority.
On March 16, 2022, the defendants announced “significant increases” in assistance, from $75 million in 2021 to $219 million in 2022 to directly benefit the Palestinian Authority.
On March 26, 2022, the defendants issued a “Fact Sheet” asserting that they had transferred over half a billion U.S. taxpayer dollars, all of it directly benefiting the Palestinian Authority.
The defendants, through the U.S. Palestinian Affairs Unit Public Diplomacy Section, are funneling U.S. taxpayer funds to actively subvert Israeli sovereignty in Jerusalem over to Palestinians.
On May 10, 2022, the defendants submitted a report to Congress documenting payments made by the Palestinian Authority of over $150 million to convicted terrorists and another $191 million to the families of terrorists who were “martyred” while attacking persons living in or visiting Israel.
On or about June 8, 2022, the defendants confirmed that they had opened a separate diplomatic office, which they called the Office of Palestinian Affairs, for the benefit of the Palestinian Authority in Jerusalem. This "office" acts independently from the U.S. Embassy in Jerusalem and reports directly to Biden Administration in Washington.
This "office" ensures that funds be laundered through non-governmental organizations directly benefiting the Palestinian Authority.
On or about July 31, 2022, the Palestinian Authority celebrated the 20th anniversary of the Hebrew University Cafeteria bombing that killed nine people and injured more than 80, by announcing a 15% increase in its monthly payments to the terrorists responsible for the attack.
At that point, "Pay to Slay" payments to the persons responsible for the attack totaled approximately $2.6 million.
On or about October 15, 2022, the defendants reported to Congress that the Palestinian Authority continues to fund "Pay to Slay."
On October 27, 2022, the Palestinian Authority’s Deputy Chairman affirmed that there was no separation between the U.S. trained and funded Palestinian Authority security forces (that are supposed to be combating terror) and the terrorists themselves.
The deputy chairman admits Palestinian Authority security forces are working together with terrorists.
Congress has found specifically that the Palestinian Authority’s "Pay to Slay" program is an incentive for terrorism against persons who live in or visit the State of Israel.
At all times, the defendants knew that they were subsidizing "Pay to Slay" and violating the Taylor Force Act.
Full complaint below.
The Trump admin signed into law the "Taylor Force Act" to prevent the U.S. government from sending funds to the Palestinian Authority. The Biden admin has broken this law.
A lawsuit has been filed to stop the Biden admin from continuing to fund the Palestinian Authority. The lawsuit details how the Biden admin has funded the Palestinian Authority with more than $1 Billion in taxpayer money, including their “Pay to Slay” program.
Under "Pay to Slay", the Palestinian Authority rewards terrorists and/or their families with money for committing terror attacks.
Terrorists who are married, or have children, or are Israeli residents/citizens receive an additional payment. Terrorists who spend more than 5 years in prison are paid a guaranteed salary by the Palestinian Authority for the rest of their lives.
Every terrorist is paid by the Palestinian Authority. This includes members of designated terror organizations, such as Hamas, Palestinian Islamic Jihad, and the Popular Front for the Liberation of Palestine, who kill U.S. citizens.
Contrary to the Taylor Force Act, which Trump signed into to law, the Biden admin has transferred American taxpayer dollars to directly subsidize the Palestinian Authority. The defendants are unlawfully laundering U.S. taxpayer funds through non-governmental organizations [NGO’s].
Since the date of the filing of the complaint/lawsuit, 12/20/22, the defendants admit that the Palestinian Authority operates "Pay to Slay" to encourage terrorist attacks against persons living in and visiting Israel.
The complaint states that the Palestinian Authority's goal is to terminate the State of Israel.
Because of the Palestinian Authority’s incitement, support for terrorism, and corruption, the Trump Administration terminated all Economic Support.
On or about May 11, 2021, Biden sent a letter to the Palestinian Authority promising his direct support. At that time, Biden officials, including Secretary of State Blinken, warned Israel to cease defensive anti-terrorism activities and to stop applying Israeli law in Jerusalem.
On or about May 26, 2021, defendant Blinken confirmed the payment of more than $360 million in U.S. funding directly benefiting the Palestinian Authority.
On March 16, 2022, the defendants announced “significant increases” in assistance, from $75 million in 2021 to $219 million in 2022 to directly benefit the Palestinian Authority.
On March 26, 2022, the defendants issued a “Fact Sheet” asserting that they had transferred over half a billion U.S. taxpayer dollars, all of it directly benefiting the Palestinian Authority.
The defendants, through the U.S. Palestinian Affairs Unit Public Diplomacy Section, are funneling U.S. taxpayer funds to actively subvert Israeli sovereignty in Jerusalem over to Palestinians.
On May 10, 2022, the defendants submitted a report to Congress documenting payments made by the Palestinian Authority of over $150 million to convicted terrorists and another $191 million to the families of terrorists who were “martyred” while attacking persons living in or visiting Israel.
On or about June 8, 2022, the defendants confirmed that they had opened a separate diplomatic office, which they called the Office of Palestinian Affairs, for the benefit of the Palestinian Authority in Jerusalem. This "office" acts independently from the U.S. Embassy in Jerusalem and reports directly to Biden Administration in Washington.
This "office" ensures that funds be laundered through non-governmental organizations directly benefiting the Palestinian Authority.
On or about July 31, 2022, the Palestinian Authority celebrated the 20th anniversary of the Hebrew University Cafeteria bombing that killed nine people and injured more than 80, by announcing a 15% increase in its monthly payments to the terrorists responsible for the attack.
At that point, "Pay to Slay" payments to the persons responsible for the attack totaled approximately $2.6 million.
On or about October 15, 2022, the defendants reported to Congress that the Palestinian Authority continues to fund "Pay to Slay."
On October 27, 2022, the Palestinian Authority’s Deputy Chairman affirmed that there was no separation between the U.S. trained and funded Palestinian Authority security forces (that are supposed to be combating terror) and the terrorists themselves.
The deputy chairman admits Palestinian Authority security forces are working together with terrorists.
Congress has found specifically that the Palestinian Authority’s "Pay to Slay" program is an incentive for terrorism against persons who live in or visit the State of Israel.
At all times, the defendants knew that they were subsidizing "Pay to Slay" and violating the Taylor Force Act.
Full complaint below.
COMPLAINT
1. This case is about the Palestinian Authority’s decades-long program of
financial payments, social services, misinformation, and indoctrination to incentivize
terrorist attacks against persons living in or visiting the State of Israel. The program
is known as “Pay to Slay.”
2. Under Pay to Slay, the Palestinian Authority rewards terrorists and/or
their families with increased rewards in proportion to the casualties inflicted.
Terrorists who are married, or have children, or are Israeli residents/citizens receive
an additional payment. Terrorists who spend more than 5 years (in a single term or
cumulatively) in prison are paid a guaranteed salary by the Palestinian Authority for
3. Every terrorist, regardless of their affiliations or the identity of their
victims, is paid by the Palestinian Authority. This includes members of designated
terror organizations, such as Hamas, Palestinian Islamic Jihad, and the Popular
Front for the Liberation of Palestine, who kill U.S. citizens.
4. Pay to Slay program beneficiaries include the family of Bashar Masalha
who stabbed 11 people and murdered 28-year-old U.S. Army Iraq and Afghanistan
war veteran and West Point graduate Taylor Force on March 8, 2016. Mr. Force was
visiting Israel as part of his graduate program.
5. After Mr. Force’s murder, Congress passed, and President Donald J.
Trump signed, the Taylor Force Act, Pub. L. 115–141, div. S, title X, 132 Stat. 1143
(Mar. 3, 2018). There was considerable bipartisan support for the Taylor Force Act
with 22 Republican and 10 Democrat Senators who were co-sponsors, and 164 co-
sponsors in the House, 155 of whom were Republicans and 14 Democrats.
6. In the Taylor Force Act, Congress determined that “The Palestinian
Authority’s practice of paying salaries to terrorists serving in Israeli prisons, as well
as to the families of deceased terrorists, is an incentive to commit acts of terror.” Id.
at § 1002(a).
7. Therefore, Congress prohibited the Executive Branch from providing
any grant or award from U.S. taxpayer funds available for assistance under chapter
4 of part II of the Foreign Assistance Act of 1961 that “directly benefits the
Palestinian Authority” unless the Secretary of State certifies that the Palestinian
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Authority is taking credible steps to end acts of violence against Israeli citizens and
United States citizens and has terminated Pay to Slay. 22 U.S.C. § 2378c-1(a)(1).
8. In the Taylor Force Act, Congress made it clear that the Palestinian
Authority could directly benefit from U.S. taxpayer-funded projects in the West Bank
or Gaza, or operate the Pay to Slay program, but not both.
9. The Palestinian Authority chose Pay to Slay.
10. Consequently, the Trump Administration terminated funding.
11. However, the defendants took power on January 20, 2021, with a new
plan: Transfer hundreds of millions of dollars from U.S. taxpayers to the Palestinian
Authority despite Pay to Slay and contrary to the Taylor Force Act. Contrary to law,
they have transferred nearly half a billion American taxpayer dollars to directly
benefit and subsidize the Palestinian Authority. U.S. Dept. of State, Fact Sheet: U.S.
Support for the Palestinian People (Mar. 26, 2022), https://bit.ly/3yZaMOf. Among
other things, the defendants are unlawfully laundering U.S. taxpayer funds through
non-governmental organizations to directly benefit the Palestinian Authority.
12. As of the date of this Complaint, the defendants admit that the
Palestinian Authority operates Pay to Slay to encourage terrorist attacks against
persons living in and visiting the State of Israel.
13. The plaintiffs have each been directly and concretely harmed by the
defendants’ unlawful conduct, and each is a person within the Taylor Force Act’s zone
of interests.
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14. They sue to stop the defendants’ cynical subversion of the Constitution
and the Taylor Force Act, and to end the Biden Administration’s unlawful transfer of
hundreds of millions of U.S. taxpayer dollars to directly benefit the Palestinian
Authority.
Jurisdiction, Relief, and Venue
15. This Court has jurisdiction under 28 U.S.C. § 1331, 28 U.S.C. § 1651.
and 5 U.S.C. § 704.
16. Declaratory and injunctive relief are authorized by 28 U.S.C. §§ 2201
and 2202.
17. Venue is proper under 28 U.S.C. § 1391(b)(2).
Parties
18. Plaintiff Dr. Ronny Jackson is a Member of the United States House of
Representatives from the 13th Congressional District of the State of Texas. He is a
resident of the State of Texas and a citizen of the United States. Dr. Jackson has
recently visited and, both as a part of his official duties as a Member of Congress and
as a private citizen, will again visit the State of Israel in the immediate near future.
Because, as the Congress found, Pay to Slay incentivizes terrorism, he faces a greater
risk of physical harm or death when traveling to or visiting Israel because of the
defendants’ ultra vires conduct. Dr. Jackson is a person within the zone of interests
protected by the Taylor Force Act.
19. Plaintiffs Stuart and Robbi Force are residents of the State of Texas and
citizens of the United States. They are the parents of Taylor Force, a West Point
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graduate and veteran of the U.S. Army Iraq and Afghanistan war. The Palestinian
Authority has paid, and continues to pay, a Pay to Slay bounty to the family of Taylor
Force’s murderer. The defendants’ intentional and knowing disregard for and
violations of the Taylor Force Act cause Stuart and Robbi Force extreme mental and
physical distress because the defendants are facilitating and subsidizing the
Palestinian Authority’s payments to their son’s killer. Also, Stuart and Robbi Force
have recently visited and intend to visit the State of Israel in the immediate near
future. Because, as the Congress found, Pay to Slay incentivizes terrorism, they face
a greater risk of physical harm or death while traveling to and visiting Israel because
of the defendants’ ultra vires conduct. Mr. and Mrs. Force are persons within the zone
of interests protected by the Taylor Force Act.
20. Plaintiff Sarri Singer is a resident of the State of New York and a citizen
of the United States. She is a survivor of a Palestinian terrorist attack conducted by
a suicide bomber who exploded a bomb on a bus in Jerusalem, Israel, killing
seventeen innocent people. The Palestinian Authority has paid, and continues to pay,
a Pay to Slay bounty to the murderer’s family. The defendants’ intentional and
knowing disregard for and violations of the Taylor Force Act cause Ms. Singer
extreme mental and physical distress because the defendants’ knowing disregard for
and violations of the law prohibiting U.S. taxpayer funds from being used to directly
benefit the Palestinian Authority helps facilitate the Palestinian Authority’s
payments to the family of the man who tried to kill her. Also, Ms. Singer routinely
visits Israel and will do so again in the immediate near future. Because, as the
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Congress found, Pay to Slay incentivizes terrorism, she therefore faces a greater risk
of physical harm or death because of the defendants’ ultra vires conduct. Ms. Singer
is a person within the zone of interests protected by the Taylor Force Act.
21. Defendant Joseph R. Biden, Jr., is the President of the United States.
He is sued in his official capacity.
22. Defendant Antony Blinken is the Secretary of State. He is sued in his
official capacity.
Facts
The Palestinian Pay to Slay Program
23. The Palestinian Authority is a corrupt, repressive, and violent oligarchy
that exists for two primary reasons: first, to enrich its officials and their clans through
extortion, graft, and theft; and second, to terminate the State of Israel.
24. Accordingly, it shirks basic governance obligations such as building
roads, providing water, sanitation, and hygiene, supporting the poor, and building a
functional civil society in favor of funding, conducting, and celebrating, inter alia, eco-
terrorism, hate speech, Islamic supremacy, misinformation, and violent extremism.
25. At all times relevant, the defendants knew or should have known that
the Palestinian Authority has funneled vast sums every year into Pay to Slay
bounties for terrorists and their families, with increased rewards in proportion to
increased casualties, for the express purpose of promoting terrorist attacks against
persons who live in and visit Israel.
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26. The payments, known as “shahids” payments, have been made through
an entity called “the Institution for Families of Martyrs (sic) and the Injured.” To
receive a bounty, the families of deceased terrorists apply with information about the
deceased, the date, place, and circumstances of death, the number of Jews, Israelis,
or others killed, and proof of death.
27. Between 2013 and 2020, the Palestinian Authority made Pay to Slay
payments of more than $1.5 billion. The Palestinian Authority has made Pay to Slay
payments under the guise of “diplomatic” salaries to terrorists “working” in
Palestinian Authority embassies and ministries, developed a payment system to
circumvent banks that refused to move money to terrorists, and scrubbed evidence of
the payments from its financial reports.
The Taylor Force Act and the End of U.S. Funding
28. The Taylor Force Act covers grants and awards authorized to be
appropriated or otherwise made available for assistance under chapter 4 of part II of
the Foreign Assistance Act of 1961 and available for assistance for the West Bank
and Gaza (“Economic Support Funds”).
29. Specifically, it prohibits the U.S. government from making any
Economic Support Fund grant or award available for assistance that “directly
benefits the Palestinian Authority” unless and until the Secretary of State certifies
in writing that the Palestinian Authority has:
a. Taken “credible steps to end acts of violence against Israeli citizens and
United States citizens that are perpetrated or materially assisted by
individuals under their jurisdictional control,” and
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b. “terminated payments for acts of terrorism against Israeli citizens and
United States citizens,” and
c. “revoked any law, decree, regulation, or document authorizing or
implementing a system of compensation for imprisoned individuals that
uses the sentence … of an individual imprisoned for an act of terrorism
to determine the level of compensation paid,” and
d. “publicly condemn[ed]” terrorism and taken “steps to investigate or are
cooperating in investigations of such acts to bring the perpetrators to
justice.”
22 U.S.C. § 2378c-1(a)(1).
30. The only exceptions are for payments made to the East Jerusalem
Hospital Network, assistance for wastewater projects not exceeding $5,000,000 in any
one fiscal year; and assistance for any other program, project, or activity that provides
vaccinations to children not exceeding $500,000 in any one fiscal year. 22 U.S.C. §
2378c-1(b).
31. Historically, the U.S. taxpayer subsidized the Palestinian Authority’s
activities. Since 1993, the government has transferred more than $6.3 billion in U.S.
taxpayer-funded bilateral assistance, nearly all of which directly benefits the
Palestinian Authority. GAO-21-332, West Bank and Gaza Aid: Should Funding
Resume, Increased Oversight of Subawardee Compliance with USAID's Antiterrorism
Policies and Procedures May Reduce Risks (Mar. 29, 2021), https://bit.ly/3Ui7lug.
32. Between FY 2012 and FY 2016, the Obama Administration transferred
more than $1.3 billion in U.S. taxpayer-funded Economic Support Funds for
assistance that directly benefits the Palestinian Authority. Jim Zanotti, Cong. Res.
Ser., U.S. Resumption of Foreign Aid to the Palestinians at 3 (Apr. 14, 2021),
https://bit.ly/3sOLPlf.
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33. However, because of the Palestinian Authority’s incitement, support for
terrorism, and corruption, the Trump Administration terminated all Economic
Support Fund and other U.S. taxpayer assistance to it.
The Defendants Resume Using U.S. Taxpayer Funds to Directly Benefit the Palestinian Authority
34. On or about May 6, 2020, candidate Joe Biden promised to reverse, inter
alia, the Trump Administration’s decision to stop sending U.S. taxpayer funds to the
Palestinian Authority and its instrumentalities. See Yaron Steinbuch, Joe Biden vows
to restore US aid to Palestinians as president, The New York Post.com (May 7, 2020),
https://bit.ly/3Vxc9wU.
35. On or about September 4, 2020, Rep. Doug Lamborn, one of the Taylor
Force Act’s original sponsors, said that “You can’t restore funding to the Palestinians
and comply with the Taylor Force Act except for some very, very limited
humanitarian types of funding, Basically, if you agree with the sentiment behind the
Taylor Force Act, you don’t restore funding to the Palestinians. I think Joe Biden is
showing some mental incoherence when [he pledges to restore U.S. funding].”
Jackson Richman, GOP congressman calls Biden’s pledge to restore US funding to
Palestinians ‘mental incoherence’, JNS.org (Sep. 3, 2020), https://bit.ly/3iGQCn6.
36. Upon information and belief, immediately upon taking power on
January 20, 2021, the defendants began executing their plan to circumvent the Taylor
Force Act and make U.S. taxpayer funds available for assistance that directly benefits
the Palestinian Authority.
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37. On February 7, 2021, in an interview with France 24 Arabic TV, the
Palestinian Authority’s Prime Minister Dr. Mohammad Shtayyeh said “Yes, there
has been a phone call between myself and Mr. Hady Amr – Deputy Assistant
Secretary for Israeli and Palestinian affairs. Mr. Amr reaffirmed what this
administration declared during the election campaign: It will restore the aid, it will
reopen the PLO office in Washington, and it will open a U.S. consulate in East
Jerusalem.” (Emphasis added.) Video clip, Palestinian PM Mohammad Shtayyeh:
Biden Administration Assured Me That It Will Restore Aid, UNRWA, PLO Office In
D.C., Open Consulate In East Jerusalem, MEMRI.org (Feb. 7, 2021),
https://bit.ly/3TUpMp3.
38. On or about March 3, 2021, the Palestinian Authority issued “Law-by-
Decree No.7/2021,” explicitly taking operational control over all non-governmental
organizations operating within its jurisdiction. At all times relevant, the defendants
were aware of this decree.
39. On March 4, 2021, a Palestinian official admitted paying approximately
$181 million in Pay to Slay bounties during calendar year 2020. Aaron Boxerman,
PLO says $15 million per month being paid in terror stipends, The Times of Israel.com
(Mar. 4, 2021), https://bit.ly/3gQOckG.
40. On March 18, 2021, the Biden Administration transmitted a nonpublic
report to the Congress advising, inter alia, that the Palestinian Authority had not
ended Pay to Slay and that the defendants were unable to certify compliance with the
Taylor Force Act. Sharon Wrobel, State Department Report Acknowledges Palestinian
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Authority Payments to Terrorists as Biden Administration Seeks to Resume Aid,
Algemeiner.com (Mar. 24, 2021), https://bit.ly/3Dlwiya.
41. On March 26, 2021, the Biden Administration transmitted a nonpublic
“program narrative” to Congress appropriating $75,000,000 in Economic Support
Funds for “programs that USAID/West Bank and Gaza intends to carry out.” These
funds were for assistance that directly benefits the Palestinian Authority, and none
of the funded programs fell within the Taylor Force Act’s exceptions. Nevertheless,
the defendants commenced funding on April 10, 2021.
42. On April 14, 2021, the Congressional Research Service reported that the
defendants had provided $150 million in U.S. taxpayer-funded Economic Support
Funds for assistance that directly benefits the Palestinian Authority in FY 2020 and
FY 2021.
43. On or about May 11, 2021, Biden sent a letter to the Palestinian
Authority promising his direct support for its activities. At the same time, Biden
officials, including the Secretary of State and the national security advisor, warned
Israel to cease defensive anti-terrorism activities and to stop applying Israeli law in
Jerusalem, Israel’s U.S.-recognized capital.
44. On or about May 26, 2021, defendant Blinken confirmed the payment
and/or obligation of more than $360 million in U.S. funding directly benefiting the
Palestinian Authority. This package, including the above-referenced $75 million
Economic Support Funds laundered through Palestinian Authority instrumentalities
for projects that were specifically intended to directly benefit the Palestinian
Authority, was clearly prohibited by the Taylor Force Act.
45. On or about June 5, 2021, Palestinian “president” Mahmoud Abbas
authorized a Pay to Slay payment of $42,000 to the family of a terrorist who killed
two Israelis. Laila Ghannam, governor of Ramallah’s Al-Bireh district, personally
handed the money to the family of Muhannad Al-Halabi, a member of the Palestinian
Islamic Jihad terror group. Al-Halabi fatally stabbed two Israeli civilians in 2015
before being shot by police.
46. On June 9, 2021, Sen. James E. Risch, Ranking Member of the Senate
Foreign Relations Committee, advised defendant Biden that the Palestinian
Authority was incentivizing violence through Pay to Slay. Letter from James E. Risch
to Joseph R. Biden, Jr. (June 9, 2021), https://bit.ly/3t6JjXT.
47. On or about July 1, 2021, the defendants falsely reported to Congress
under the PLO Commitments Compliance Act of 1989, Title VIII of Public Law 101-
246 (1990). Specifically, derogatory information regarding the Palestinian
Authority’s support for terrorism was intentionally and wrongly deleted. Adam
Kredo, Biden Admin Deletes References to Palestinian Terror Incitement From
Palestinian Authority and its non-governmental instrumentalities, thereby
“smoothing” the transfer of U.S. taxpayer funds for its benefit.
48. On December 14, 2021, the defendants issued a “Joint Statement on
United States and Palestinian Authority Renewal of the U.S.-Palestinian Economic
Dialogue,” https://bit.ly/3DPHTXG. It stated, in relevant part:
e. “Participants recognized the importance of restored political and
economic relations between the U.S. government and the Palestinian
Authority and pledged to expand and deepen cooperation and
coordination across a range of sectors.”
f. “[S]enior U.S. and Palestinian officials discussed key topics, including
infrastructure development, access to U.S. markets, U.S. regulations,
free trade, financial issues, renewable energy and environmental
initiatives, connecting Palestinian and American businesses, and
addressing obstacles to Palestinian economic development.”
g. “The U.S. government outlined programs that could support the
Palestinian Authority’s efforts towards financial issues, trade, and
promoting foreign direct investment. This year’s dialogue was a
testament to the importance of U.S.-Palestinian economic relations and
the opportunity to increase collaboration on economic issues of shared
importance.”
h. “The U.S. delegation included Acting Assistant Secretary of State for
Near Eastern Affairs Yael Lempert (U.S. Chair), Deputy Assistant
Secretary for Israel and Palestinian Affairs Hady Amr, U.S. Palestinian
Affairs Unit Chief George Noll, Deputy Assistant Secretary for Treasury
Eric Meyer, Senior Commerce Official Robyn Kessler, USAID Deputy
Assistant Administrator Megan Doherty, USAID West Bank and Gaza
Mission Director Aler Grubbs, Development Finance Corporation Senior
Advisor Kyle Murphy and other officials from the Departments of State,
Treasury, Agriculture, Commerce and Energy; the U.S. Agency for
International Development; and the Development Finance
Corporation.”
49. Upon information and belief, the Taylor Force Act was recognized as an
“obstacle” to U.S. support for the Palestinian Authority. However, the defendants’
representatives repeatedly affirmed that the United States would continue providing
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U.S. taxpayer funds and political support to the Palestinian Authority,
notwithstanding the Taylor Force Act, Pay to Slay, or the Palestinian Authority’s
virulent eliminationist anti-Semitism, misinformation, Islamic supremacy, and
support for violent extremism against people who visit or live in Israel.
50. On March 16, 2022, the defendants announced “significant increases” in
Economic Support Fund assistance, from $75 million in FY 2021 to $219 million in
FY 2022 for assistance that directly benefits the Palestinian Authority by, inter alia,
relieving it of its civic and governance obligations. According to USAID, “The nearly
threefold increase in economic and development assistance will greatly increase the
U.S. government’s ability to support the Palestinian people.” USAID, Bureau for the
Middle East, Appropriations Act for FY 2022 Increases Assistance for the West Bank
and Gaza (Mar. 16, 2022) (emphasis added), https://bit.ly/3SXERou.
51. On March 26, 2022, the defendants issued a “Fact Sheet” asserting that
they had transferred over half a billion U.S. taxpayer dollars, all of it directly
benefitting the Palestinian Authority, since April 2021. U.S. Dept. of State, Fact
Sheet: U.S. Support for the Palestinian People (Mar. 26, 2022), https://bit.ly/3yZaMOf.
Among other things, this “Fact Sheet” shed light on the defendants’ strategy for
evading the Taylor Force Act and benefitting the Palestinian Authority by laundering
money through non-governmental organizations.
52. The Palestinian Authority claims Jerusalem as its capital. In a
statement published by its official news organ, Al-Hayat Al Jadida, the Palestinian
Authority stated Jerusalem “has been Palestinian since it was established 5,000
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years ago,” that “Jerusalem is Jerusalem of the Arab Palestinians…[that] belongs
only to believers of the religion of Islam” and that it is necessary to “expel from it the
Zionist herds who are stealing the Palestinian land and Judaism to their lairs (sic),
until it will be liberated peacefully or through other means of struggle.” Itamar
Marcus, PA wants religious war, calls to fight Jerusalem flag parade, Palestinian
Media Watch.org (May 29, 2022), https://bit.ly/3fjwTZr.
53. The U.S. recognizes Jerusalem as Israel’s capital. The White House,
Proclamation 9683, Recognizing Jerusalem as the Capital of the State of Israel and
Relocating the United States Embassy to Israel to Jerusalem, 82 Fed. Reg. 58311 (Dec.
6, 2017), https://bit.ly/3Y3rJlQ.
54. However, to directly benefit the Palestinian Authority, the defendants,
through the U.S. Palestinian Affairs Unit Public Diplomacy Section, are funneling
U.S. taxpayer funds to actively subvert Israeli sovereignty in that city by, inter alia,
“[partnering] with Palestinian and American organizations to support projects in
Jerusalem that increase exchange between our two peoples and advance shared goals.
Our American Spaces in Jerusalem serves as a venue and hub for many of these
programs.” [Cleaned up.] U.S. Dept. of State, Fact Sheet: U.S. Support for the
Palestinian People (Mar. 26, 2022), https://bit.ly/3yZaMOf.
55. On May 10, 2022, the defendants submitted a non-public report to
Congress documenting payments made by the Palestinian Authority of over $150
million to convicted terrorists and another $191 million to the families of terrorists
who were “martyred” while attacking persons living in or visiting the State of Israel.
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They admitted that “The [Palestinian Authority] has not terminated payments for
acts of terrorism against Israeli and U.S. citizens to any individual, after being fairly
tried, who has been imprisoned for such acts of terrorism and to any individual who
died committing such acts of terrorism, including to a family member of such
individual.”
56. On or about June 8, 2022, the defendants confirmed that they had
opened a separate diplomatic office for the benefit of the Palestinian Authority, called
the “Office of Palestinian Affairs,” in Israel’s capital. This office acts independently of
the U.S. Embassy in Jerusalem and reports directly to Biden Administration political
officials in Washington. Upon information and belief, the Office of Palestinian Affairs
has operational responsibility for ensuring the Economic Support Funds being
laundered through non-governmental organizations are directly benefiting the
Palestinian Authority.
57. On or about July 31, 2022, the Palestinian Authority celebrated the
twentieth anniversary of the Hebrew University’s Frank Sinatra Cafeteria bombing
that killed nine people, including five Americans, and injured more than 80, by
announcing a fifteen percent increase in its monthly payments to the terrorists
responsible for the attack. At that point, Pay to Slay payments to the persons
responsible for the attack totaled approximately $2.6 million. Maurice Hirsch, PA to
raise salaries of terrorists who bombed the Hebrew University in Jerusalem,
Palestinian Media Watch.org (July 31, 2022), bit.ly/3DpGjKF.
Case 2:22-cv-00241-Z Document 1 Filed 12/20/22 Page 16 of 22 PageID 1617
58. On or about October 15, 2022, the defendants reported to Congress that
the Palestinian Authority continues to fund Pay to Slay. Adam Kredo, Palestinian
Government Still Pays Terrorists as US Aid Dollars Flow, Non-public State
Department report confirms Palestinians are not living up to promises, Free
Beacon.com (Oct. 18, 2022), https://bit.ly/3DqjEPz.
U.S. Funds Encourage Palestinian Terrorism
59. Since April 2021, the defendants have transferred over half a billion
dollars in Economic Support Funds and other assistance to the West Bank and Gaza
for the benefit of the Palestinian Authority. U.S. Dept. of State, Fact Sheet: U.S.
Support for the Palestinian People (Mar. 26, 2022), https://bit.ly/3yZaMOf.
60. The defendants transferred these funds with actual knowledge that U.S.
taxpayer dollars, whether in the form of Economic Support Funds or otherwise, are
subsidizing Pay to Slay, Palestinian incitement, and violent extremism.
61. For example, on September 14, 2022, a fatal attack was carried out by a
terrorist who was a member of the defendant-subsidized Palestinian Authority
security forces “by day,” and a member of the terrorist “Al-Aqsa Martyrs’ Brigade” by
“night.” Nan Jacques Zilberkik, PA Security Forces/Fatah terrorist becomes Fatah’s
new poster boy to incite more attacks, Palestinian Media Watch.org (Sep. 29, 2022),
https://bit.ly/3fmszZp.
62. On October 27, 2022, the Palestinian Authority’s “Deputy Chairman”
Mahmoud Al-Aloul, whose position was created especially for him by Palestinian
Authority President Mahmoud Abbas, affirmed that there was no separation between
Case 2:22-cv-00241-Z Document 1 Filed 12/20/22 Page 17 of 22 PageID 1718
the U.S. trained and funded Palestinian Authority security forces that are meant to
be combatting terror and the terrorists themselves. Abbas deputy admits PA security
forces are working together with terrorists, Palestinian Media Watch.org (Oct. 27,
2022), https://bit.ly/3DvAH1u.
63. On November 2, 2022, thirty-eight Members of Congress wrote to
defendant Blinken stating that they were concerned because the hundreds of millions
of dollars sent by the defendants to the Palestinians are “tragically enabling the
Palestinian Authority’s payments to terrorists and the families of terrorists who kill
innocent Americans and people of Jewish descent – also commonly referred to as ‘pay-
to-slay.’” See Letter to the Hon. Antony J. Blinken from Rep. Lauren Boebert and Rep.
Doug Lamborn, et al (Nov. 2, 2022), https://bit.ly/3UzFjtW.
64. This letter requested answers to a series of questions regarding the
Biden Administration’s funding of the Palestinian Authority, with a return date of on
or before November 7, 2022, for Congressional oversight purposes.
65. Upon information and belief, the defendants have failed to respond.
First Claim for Relief
(Non-Statutory Review of Ultra Vires Action)
66. The plaintiffs repeat paragraphs 1-65.
67. Congress found specifically that the Palestinian Authority’s Pay to Slay
program is an incentive for terrorism against persons who live in or visit the State of
Israel. Pub. L. 115–141, title X, §1002(1) (Mar. 23, 2018).
68. Therefore, it enacted the Taylor Force Act and conditioned the
defendants’ authority to make Economic Support Funds available for projects that
Case 2:22-cv-00241-Z Document 1 Filed 12/20/22 Page 18 of 22 PageID 1819
directly benefit the Palestinian Authority on a certification by defendant Blinken that
the Palestinian Authority, the Palestine Liberation Organization, and any successor
or affiliated organizations: (A) are taking credible steps to end acts of violence against
Israeli citizens and United States citizens that are perpetrated or materially assisted
by individuals under its jurisdictional control; (B) have terminated payments for acts
of terrorism against Israeli and United States citizens; (C) have revoked any law,
decree, regulation, or document authorizing or implementing a system of
compensation for imprisoned individuals that uses the sentence of an individual
imprisoned for an act of terrorism to determine the level of compensation paid; and
(D) are “publicly condemning” terrorism and taking appropriate steps to investigate
or are cooperating in investigations of such acts to bring the perpetrators to justice.
22 U.S.C. § 2378c-1(a)(1).
69. The defendant Blinken has not and cannot so certify.
70. The defendants have claimed that they comply with the Taylor Force
Act and all other U.S. laws. Staff, Renewed U.S. aid to Palestinians ‘consistent’ with
U.S. law - State Department spokesman, Reuters.com (Apr. 7, 2021),
https://reut.rs/3F6H0ex. This is false.
71. For example, to circumvent Congress and the Taylor Force Act and fund
the Palestinian Authority, inter alia, the defendants are intentionally laundering
Economic Support Fund grants and awards through non-governmental organizations
that are in fact or by operation of “Law-by-Decree 7/2021” Palestinian Authority
affiliates or instrumentalities. The goal and purpose of the defendants’ conduct is to
Case 2:22-cv-00241-Z Document 1 Filed 12/20/22 Page 19 of 22 PageID 1920
directly benefit the Palestinian Authority by relieving it of direct financial
responsibility for its infrastructure, governance, and civil society obligations in the
West Bank and Gaza, thereby allowing it to fund Pay to Slay, among other things.
72. At all times relevant, the defendants knew that they were subsidizing
Pay to Slay and violating the Taylor Force Act, and that their conduct was ultra vires
and contrary to U.S. Const. Art. I, §§ 1 (separation of powers) and 9, cl. 7
(appropriations clause), and U.S. Const. Art. II, § 3 (take care clause).
73. The defendants’ conduct as described herein has concretely and
foreseeably damaged the plaintiffs by causing them emotional and physical injury
and distress, by increasing their risk of injury and/or death when visiting Israel, and
by violating the separation of powers.
74. Non-statutory judicial review is appropriate because the defendants’
conduct in this case is utterly lawless. They have exceeded their delegated power and
are knowingly and intentionally violating the Taylor Force Act. Also, without judicial
review, plaintiffs will be wholly deprived of a meaningful opportunity to vindicate
their rights.
Second Claim for Relief
(5 U.S.C. § 706)
75. The plaintiffs repeat paragraphs 1-74.
76. The defendants’ grants and awards of Economic Support Funds are final
agency action under 5 U.S.C. §§ 551(11)(a) and (13), for which there is no other
adequate remedy in a court.
Case 2:22-cv-00241-Z Document 1 Filed 12/20/22 Page 20 of 22 PageID 2021
77. Pursuant to 5 U.S.C. § 706, this court should declare unlawful all
Economic Support Fund grants and awards that directly benefit the Palestinian
Authority, including but not limited to all grants and awards to persons and/or non-
governmental organizations under its jurisdiction, for such grants and awards are
contrary to the defendants’ constitutional right, power, and privilege, in excess of
their statutory authority, and short of their statutory rights.
WHEREFORE, the plaintiffs respectfully request the following relief:
A. A declaration that the defendants have violated and are in continuing
violation of the Taylor Force Act, 22 U.S.C. § 2378c-1.
B. Under 5 U.S.C. § 705, all necessary and appropriate process to freeze all
Economic Support Fund grants or awards that directly benefit the Palestinian
Authority, and to preserve status or rights pending conclusion of the review requested
in this case.
C. A permanent injunction barring the defendants from making Economic
Support Funds available for assistance in the West Bank and Gaza that directly
benefits the Palestinian Authority except in compliance with 22 U.S.C. § 2378c-1(a).
D. Such other relief as this Court deems just.
Case 2:22-cv-00241-Z
Document 1 Filed 12/20/22
1. This case is about the Palestinian Authority’s decades-long program of
financial payments, social services, misinformation, and indoctrination to incentivize
terrorist attacks against persons living in or visiting the State of Israel. The program
is known as “Pay to Slay.”
2. Under Pay to Slay, the Palestinian Authority rewards terrorists and/or
their families with increased rewards in proportion to the casualties inflicted.
Terrorists who are married, or have children, or are Israeli residents/citizens receive
an additional payment. Terrorists who spend more than 5 years (in a single term or
cumulatively) in prison are paid a guaranteed salary by the Palestinian Authority for
3. Every terrorist, regardless of their affiliations or the identity of their
victims, is paid by the Palestinian Authority. This includes members of designated
terror organizations, such as Hamas, Palestinian Islamic Jihad, and the Popular
Front for the Liberation of Palestine, who kill U.S. citizens.
4. Pay to Slay program beneficiaries include the family of Bashar Masalha
who stabbed 11 people and murdered 28-year-old U.S. Army Iraq and Afghanistan
war veteran and West Point graduate Taylor Force on March 8, 2016. Mr. Force was
visiting Israel as part of his graduate program.
5. After Mr. Force’s murder, Congress passed, and President Donald J.
Trump signed, the Taylor Force Act, Pub. L. 115–141, div. S, title X, 132 Stat. 1143
(Mar. 3, 2018). There was considerable bipartisan support for the Taylor Force Act
with 22 Republican and 10 Democrat Senators who were co-sponsors, and 164 co-
sponsors in the House, 155 of whom were Republicans and 14 Democrats.
6. In the Taylor Force Act, Congress determined that “The Palestinian
Authority’s practice of paying salaries to terrorists serving in Israeli prisons, as well
as to the families of deceased terrorists, is an incentive to commit acts of terror.” Id.
at § 1002(a).
7. Therefore, Congress prohibited the Executive Branch from providing
any grant or award from U.S. taxpayer funds available for assistance under chapter
4 of part II of the Foreign Assistance Act of 1961 that “directly benefits the
Palestinian Authority” unless the Secretary of State certifies that the Palestinian
Case 2:22-cv-00241-Z Document 1 Filed 12/20/22 Page 2 of 22 PageID 23
Authority is taking credible steps to end acts of violence against Israeli citizens and
United States citizens and has terminated Pay to Slay. 22 U.S.C. § 2378c-1(a)(1).
8. In the Taylor Force Act, Congress made it clear that the Palestinian
Authority could directly benefit from U.S. taxpayer-funded projects in the West Bank
or Gaza, or operate the Pay to Slay program, but not both.
9. The Palestinian Authority chose Pay to Slay.
10. Consequently, the Trump Administration terminated funding.
11. However, the defendants took power on January 20, 2021, with a new
plan: Transfer hundreds of millions of dollars from U.S. taxpayers to the Palestinian
Authority despite Pay to Slay and contrary to the Taylor Force Act. Contrary to law,
they have transferred nearly half a billion American taxpayer dollars to directly
benefit and subsidize the Palestinian Authority. U.S. Dept. of State, Fact Sheet: U.S.
Support for the Palestinian People (Mar. 26, 2022), https://bit.ly/3yZaMOf. Among
other things, the defendants are unlawfully laundering U.S. taxpayer funds through
non-governmental organizations to directly benefit the Palestinian Authority.
12. As of the date of this Complaint, the defendants admit that the
Palestinian Authority operates Pay to Slay to encourage terrorist attacks against
persons living in and visiting the State of Israel.
13. The plaintiffs have each been directly and concretely harmed by the
defendants’ unlawful conduct, and each is a person within the Taylor Force Act’s zone
of interests.
Case 2:22-cv-00241-Z Document 1 Filed 12/20/22 Page 3 of 22 PageID 34
14. They sue to stop the defendants’ cynical subversion of the Constitution
and the Taylor Force Act, and to end the Biden Administration’s unlawful transfer of
hundreds of millions of U.S. taxpayer dollars to directly benefit the Palestinian
Authority.
Jurisdiction, Relief, and Venue
15. This Court has jurisdiction under 28 U.S.C. § 1331, 28 U.S.C. § 1651.
and 5 U.S.C. § 704.
16. Declaratory and injunctive relief are authorized by 28 U.S.C. §§ 2201
and 2202.
17. Venue is proper under 28 U.S.C. § 1391(b)(2).
Parties
18. Plaintiff Dr. Ronny Jackson is a Member of the United States House of
Representatives from the 13th Congressional District of the State of Texas. He is a
resident of the State of Texas and a citizen of the United States. Dr. Jackson has
recently visited and, both as a part of his official duties as a Member of Congress and
as a private citizen, will again visit the State of Israel in the immediate near future.
Because, as the Congress found, Pay to Slay incentivizes terrorism, he faces a greater
risk of physical harm or death when traveling to or visiting Israel because of the
defendants’ ultra vires conduct. Dr. Jackson is a person within the zone of interests
protected by the Taylor Force Act.
19. Plaintiffs Stuart and Robbi Force are residents of the State of Texas and
citizens of the United States. They are the parents of Taylor Force, a West Point
Case 2:22-cv-00241-Z Document 1 Filed 12/20/22 Page 4 of 22 PageID 45
graduate and veteran of the U.S. Army Iraq and Afghanistan war. The Palestinian
Authority has paid, and continues to pay, a Pay to Slay bounty to the family of Taylor
Force’s murderer. The defendants’ intentional and knowing disregard for and
violations of the Taylor Force Act cause Stuart and Robbi Force extreme mental and
physical distress because the defendants are facilitating and subsidizing the
Palestinian Authority’s payments to their son’s killer. Also, Stuart and Robbi Force
have recently visited and intend to visit the State of Israel in the immediate near
future. Because, as the Congress found, Pay to Slay incentivizes terrorism, they face
a greater risk of physical harm or death while traveling to and visiting Israel because
of the defendants’ ultra vires conduct. Mr. and Mrs. Force are persons within the zone
of interests protected by the Taylor Force Act.
20. Plaintiff Sarri Singer is a resident of the State of New York and a citizen
of the United States. She is a survivor of a Palestinian terrorist attack conducted by
a suicide bomber who exploded a bomb on a bus in Jerusalem, Israel, killing
seventeen innocent people. The Palestinian Authority has paid, and continues to pay,
a Pay to Slay bounty to the murderer’s family. The defendants’ intentional and
knowing disregard for and violations of the Taylor Force Act cause Ms. Singer
extreme mental and physical distress because the defendants’ knowing disregard for
and violations of the law prohibiting U.S. taxpayer funds from being used to directly
benefit the Palestinian Authority helps facilitate the Palestinian Authority’s
payments to the family of the man who tried to kill her. Also, Ms. Singer routinely
visits Israel and will do so again in the immediate near future. Because, as the
Case 2:22-cv-00241-Z Document 1 Filed 12/20/22 Page 5 of 22 PageID 56
Congress found, Pay to Slay incentivizes terrorism, she therefore faces a greater risk
of physical harm or death because of the defendants’ ultra vires conduct. Ms. Singer
is a person within the zone of interests protected by the Taylor Force Act.
21. Defendant Joseph R. Biden, Jr., is the President of the United States.
He is sued in his official capacity.
22. Defendant Antony Blinken is the Secretary of State. He is sued in his
official capacity.
Facts
The Palestinian Pay to Slay Program
23. The Palestinian Authority is a corrupt, repressive, and violent oligarchy
that exists for two primary reasons: first, to enrich its officials and their clans through
extortion, graft, and theft; and second, to terminate the State of Israel.
24. Accordingly, it shirks basic governance obligations such as building
roads, providing water, sanitation, and hygiene, supporting the poor, and building a
functional civil society in favor of funding, conducting, and celebrating, inter alia, eco-
terrorism, hate speech, Islamic supremacy, misinformation, and violent extremism.
25. At all times relevant, the defendants knew or should have known that
the Palestinian Authority has funneled vast sums every year into Pay to Slay
bounties for terrorists and their families, with increased rewards in proportion to
increased casualties, for the express purpose of promoting terrorist attacks against
persons who live in and visit Israel.
Case 2:22-cv-00241-Z Document 1 Filed 12/20/22 Page 6 of 22 PageID 67
26. The payments, known as “shahids” payments, have been made through
an entity called “the Institution for Families of Martyrs (sic) and the Injured.” To
receive a bounty, the families of deceased terrorists apply with information about the
deceased, the date, place, and circumstances of death, the number of Jews, Israelis,
or others killed, and proof of death.
27. Between 2013 and 2020, the Palestinian Authority made Pay to Slay
payments of more than $1.5 billion. The Palestinian Authority has made Pay to Slay
payments under the guise of “diplomatic” salaries to terrorists “working” in
Palestinian Authority embassies and ministries, developed a payment system to
circumvent banks that refused to move money to terrorists, and scrubbed evidence of
the payments from its financial reports.
The Taylor Force Act and the End of U.S. Funding
28. The Taylor Force Act covers grants and awards authorized to be
appropriated or otherwise made available for assistance under chapter 4 of part II of
the Foreign Assistance Act of 1961 and available for assistance for the West Bank
and Gaza (“Economic Support Funds”).
29. Specifically, it prohibits the U.S. government from making any
Economic Support Fund grant or award available for assistance that “directly
benefits the Palestinian Authority” unless and until the Secretary of State certifies
in writing that the Palestinian Authority has:
a. Taken “credible steps to end acts of violence against Israeli citizens and
United States citizens that are perpetrated or materially assisted by
individuals under their jurisdictional control,” and
Case 2:22-cv-00241-Z Document 1 Filed 12/20/22 Page 7 of 22 PageID 78
b. “terminated payments for acts of terrorism against Israeli citizens and
United States citizens,” and
c. “revoked any law, decree, regulation, or document authorizing or
implementing a system of compensation for imprisoned individuals that
uses the sentence … of an individual imprisoned for an act of terrorism
to determine the level of compensation paid,” and
d. “publicly condemn[ed]” terrorism and taken “steps to investigate or are
cooperating in investigations of such acts to bring the perpetrators to
justice.”
22 U.S.C. § 2378c-1(a)(1).
30. The only exceptions are for payments made to the East Jerusalem
Hospital Network, assistance for wastewater projects not exceeding $5,000,000 in any
one fiscal year; and assistance for any other program, project, or activity that provides
vaccinations to children not exceeding $500,000 in any one fiscal year. 22 U.S.C. §
2378c-1(b).
31. Historically, the U.S. taxpayer subsidized the Palestinian Authority’s
activities. Since 1993, the government has transferred more than $6.3 billion in U.S.
taxpayer-funded bilateral assistance, nearly all of which directly benefits the
Palestinian Authority. GAO-21-332, West Bank and Gaza Aid: Should Funding
Resume, Increased Oversight of Subawardee Compliance with USAID's Antiterrorism
Policies and Procedures May Reduce Risks (Mar. 29, 2021), https://bit.ly/3Ui7lug.
32. Between FY 2012 and FY 2016, the Obama Administration transferred
more than $1.3 billion in U.S. taxpayer-funded Economic Support Funds for
assistance that directly benefits the Palestinian Authority. Jim Zanotti, Cong. Res.
Ser., U.S. Resumption of Foreign Aid to the Palestinians at 3 (Apr. 14, 2021),
https://bit.ly/3sOLPlf.
Case 2:22-cv-00241-Z Document 1 Filed 12/20/22 Page 8 of 22 PageID 89
33. However, because of the Palestinian Authority’s incitement, support for
terrorism, and corruption, the Trump Administration terminated all Economic
Support Fund and other U.S. taxpayer assistance to it.
The Defendants Resume Using U.S. Taxpayer Funds to Directly Benefit the Palestinian Authority
34. On or about May 6, 2020, candidate Joe Biden promised to reverse, inter
alia, the Trump Administration’s decision to stop sending U.S. taxpayer funds to the
Palestinian Authority and its instrumentalities. See Yaron Steinbuch, Joe Biden vows
to restore US aid to Palestinians as president, The New York Post.com (May 7, 2020),
https://bit.ly/3Vxc9wU.
35. On or about September 4, 2020, Rep. Doug Lamborn, one of the Taylor
Force Act’s original sponsors, said that “You can’t restore funding to the Palestinians
and comply with the Taylor Force Act except for some very, very limited
humanitarian types of funding, Basically, if you agree with the sentiment behind the
Taylor Force Act, you don’t restore funding to the Palestinians. I think Joe Biden is
showing some mental incoherence when [he pledges to restore U.S. funding].”
Jackson Richman, GOP congressman calls Biden’s pledge to restore US funding to
Palestinians ‘mental incoherence’, JNS.org (Sep. 3, 2020), https://bit.ly/3iGQCn6.
36. Upon information and belief, immediately upon taking power on
January 20, 2021, the defendants began executing their plan to circumvent the Taylor
Force Act and make U.S. taxpayer funds available for assistance that directly benefits
the Palestinian Authority.
Case 2:22-cv-00241-Z Document 1 Filed 12/20/22 Page 9 of 22 PageID 910
37. On February 7, 2021, in an interview with France 24 Arabic TV, the
Palestinian Authority’s Prime Minister Dr. Mohammad Shtayyeh said “Yes, there
has been a phone call between myself and Mr. Hady Amr – Deputy Assistant
Secretary for Israeli and Palestinian affairs. Mr. Amr reaffirmed what this
administration declared during the election campaign: It will restore the aid, it will
reopen the PLO office in Washington, and it will open a U.S. consulate in East
Jerusalem.” (Emphasis added.) Video clip, Palestinian PM Mohammad Shtayyeh:
Biden Administration Assured Me That It Will Restore Aid, UNRWA, PLO Office In
D.C., Open Consulate In East Jerusalem, MEMRI.org (Feb. 7, 2021),
https://bit.ly/3TUpMp3.
38. On or about March 3, 2021, the Palestinian Authority issued “Law-by-
Decree No.7/2021,” explicitly taking operational control over all non-governmental
organizations operating within its jurisdiction. At all times relevant, the defendants
were aware of this decree.
39. On March 4, 2021, a Palestinian official admitted paying approximately
$181 million in Pay to Slay bounties during calendar year 2020. Aaron Boxerman,
PLO says $15 million per month being paid in terror stipends, The Times of Israel.com
(Mar. 4, 2021), https://bit.ly/3gQOckG.
40. On March 18, 2021, the Biden Administration transmitted a nonpublic
report to the Congress advising, inter alia, that the Palestinian Authority had not
ended Pay to Slay and that the defendants were unable to certify compliance with the
Taylor Force Act. Sharon Wrobel, State Department Report Acknowledges Palestinian
Case 2:22-cv-00241-Z Document 1 Filed 12/20/22 Page 10 of 22 PageID 10 11
Authority Payments to Terrorists as Biden Administration Seeks to Resume Aid,
Algemeiner.com (Mar. 24, 2021), https://bit.ly/3Dlwiya.
41. On March 26, 2021, the Biden Administration transmitted a nonpublic
“program narrative” to Congress appropriating $75,000,000 in Economic Support
Funds for “programs that USAID/West Bank and Gaza intends to carry out.” These
funds were for assistance that directly benefits the Palestinian Authority, and none
of the funded programs fell within the Taylor Force Act’s exceptions. Nevertheless,
the defendants commenced funding on April 10, 2021.
42. On April 14, 2021, the Congressional Research Service reported that the
defendants had provided $150 million in U.S. taxpayer-funded Economic Support
Funds for assistance that directly benefits the Palestinian Authority in FY 2020 and
FY 2021.
43. On or about May 11, 2021, Biden sent a letter to the Palestinian
Authority promising his direct support for its activities. At the same time, Biden
officials, including the Secretary of State and the national security advisor, warned
Israel to cease defensive anti-terrorism activities and to stop applying Israeli law in
Jerusalem, Israel’s U.S.-recognized capital.
44. On or about May 26, 2021, defendant Blinken confirmed the payment
and/or obligation of more than $360 million in U.S. funding directly benefiting the
Palestinian Authority. This package, including the above-referenced $75 million
Economic Support Funds laundered through Palestinian Authority instrumentalities
for projects that were specifically intended to directly benefit the Palestinian
Authority, was clearly prohibited by the Taylor Force Act.
45. On or about June 5, 2021, Palestinian “president” Mahmoud Abbas
authorized a Pay to Slay payment of $42,000 to the family of a terrorist who killed
two Israelis. Laila Ghannam, governor of Ramallah’s Al-Bireh district, personally
handed the money to the family of Muhannad Al-Halabi, a member of the Palestinian
Islamic Jihad terror group. Al-Halabi fatally stabbed two Israeli civilians in 2015
before being shot by police.
46. On June 9, 2021, Sen. James E. Risch, Ranking Member of the Senate
Foreign Relations Committee, advised defendant Biden that the Palestinian
Authority was incentivizing violence through Pay to Slay. Letter from James E. Risch
to Joseph R. Biden, Jr. (June 9, 2021), https://bit.ly/3t6JjXT.
47. On or about July 1, 2021, the defendants falsely reported to Congress
under the PLO Commitments Compliance Act of 1989, Title VIII of Public Law 101-
246 (1990). Specifically, derogatory information regarding the Palestinian
Authority’s support for terrorism was intentionally and wrongly deleted. Adam
Kredo, Biden Admin Deletes References to Palestinian Terror Incitement From
Palestinian Authority and its non-governmental instrumentalities, thereby
“smoothing” the transfer of U.S. taxpayer funds for its benefit.
48. On December 14, 2021, the defendants issued a “Joint Statement on
United States and Palestinian Authority Renewal of the U.S.-Palestinian Economic
Dialogue,” https://bit.ly/3DPHTXG. It stated, in relevant part:
e. “Participants recognized the importance of restored political and
economic relations between the U.S. government and the Palestinian
Authority and pledged to expand and deepen cooperation and
coordination across a range of sectors.”
f. “[S]enior U.S. and Palestinian officials discussed key topics, including
infrastructure development, access to U.S. markets, U.S. regulations,
free trade, financial issues, renewable energy and environmental
initiatives, connecting Palestinian and American businesses, and
addressing obstacles to Palestinian economic development.”
g. “The U.S. government outlined programs that could support the
Palestinian Authority’s efforts towards financial issues, trade, and
promoting foreign direct investment. This year’s dialogue was a
testament to the importance of U.S.-Palestinian economic relations and
the opportunity to increase collaboration on economic issues of shared
importance.”
h. “The U.S. delegation included Acting Assistant Secretary of State for
Near Eastern Affairs Yael Lempert (U.S. Chair), Deputy Assistant
Secretary for Israel and Palestinian Affairs Hady Amr, U.S. Palestinian
Affairs Unit Chief George Noll, Deputy Assistant Secretary for Treasury
Eric Meyer, Senior Commerce Official Robyn Kessler, USAID Deputy
Assistant Administrator Megan Doherty, USAID West Bank and Gaza
Mission Director Aler Grubbs, Development Finance Corporation Senior
Advisor Kyle Murphy and other officials from the Departments of State,
Treasury, Agriculture, Commerce and Energy; the U.S. Agency for
International Development; and the Development Finance
Corporation.”
49. Upon information and belief, the Taylor Force Act was recognized as an
“obstacle” to U.S. support for the Palestinian Authority. However, the defendants’
representatives repeatedly affirmed that the United States would continue providing
Case 2:22-cv-00241-Z Document 1 Filed 12/20/22 Page 13 of 22 PageID 1314
U.S. taxpayer funds and political support to the Palestinian Authority,
notwithstanding the Taylor Force Act, Pay to Slay, or the Palestinian Authority’s
virulent eliminationist anti-Semitism, misinformation, Islamic supremacy, and
support for violent extremism against people who visit or live in Israel.
50. On March 16, 2022, the defendants announced “significant increases” in
Economic Support Fund assistance, from $75 million in FY 2021 to $219 million in
FY 2022 for assistance that directly benefits the Palestinian Authority by, inter alia,
relieving it of its civic and governance obligations. According to USAID, “The nearly
threefold increase in economic and development assistance will greatly increase the
U.S. government’s ability to support the Palestinian people.” USAID, Bureau for the
Middle East, Appropriations Act for FY 2022 Increases Assistance for the West Bank
and Gaza (Mar. 16, 2022) (emphasis added), https://bit.ly/3SXERou.
51. On March 26, 2022, the defendants issued a “Fact Sheet” asserting that
they had transferred over half a billion U.S. taxpayer dollars, all of it directly
benefitting the Palestinian Authority, since April 2021. U.S. Dept. of State, Fact
Sheet: U.S. Support for the Palestinian People (Mar. 26, 2022), https://bit.ly/3yZaMOf.
Among other things, this “Fact Sheet” shed light on the defendants’ strategy for
evading the Taylor Force Act and benefitting the Palestinian Authority by laundering
money through non-governmental organizations.
52. The Palestinian Authority claims Jerusalem as its capital. In a
statement published by its official news organ, Al-Hayat Al Jadida, the Palestinian
Authority stated Jerusalem “has been Palestinian since it was established 5,000
Case 2:22-cv-00241-Z Document 1 Filed 12/20/22 Page 14 of 22 PageID 1415
years ago,” that “Jerusalem is Jerusalem of the Arab Palestinians…[that] belongs
only to believers of the religion of Islam” and that it is necessary to “expel from it the
Zionist herds who are stealing the Palestinian land and Judaism to their lairs (sic),
until it will be liberated peacefully or through other means of struggle.” Itamar
Marcus, PA wants religious war, calls to fight Jerusalem flag parade, Palestinian
Media Watch.org (May 29, 2022), https://bit.ly/3fjwTZr.
53. The U.S. recognizes Jerusalem as Israel’s capital. The White House,
Proclamation 9683, Recognizing Jerusalem as the Capital of the State of Israel and
Relocating the United States Embassy to Israel to Jerusalem, 82 Fed. Reg. 58311 (Dec.
6, 2017), https://bit.ly/3Y3rJlQ.
54. However, to directly benefit the Palestinian Authority, the defendants,
through the U.S. Palestinian Affairs Unit Public Diplomacy Section, are funneling
U.S. taxpayer funds to actively subvert Israeli sovereignty in that city by, inter alia,
“[partnering] with Palestinian and American organizations to support projects in
Jerusalem that increase exchange between our two peoples and advance shared goals.
Our American Spaces in Jerusalem serves as a venue and hub for many of these
programs.” [Cleaned up.] U.S. Dept. of State, Fact Sheet: U.S. Support for the
Palestinian People (Mar. 26, 2022), https://bit.ly/3yZaMOf.
55. On May 10, 2022, the defendants submitted a non-public report to
Congress documenting payments made by the Palestinian Authority of over $150
million to convicted terrorists and another $191 million to the families of terrorists
who were “martyred” while attacking persons living in or visiting the State of Israel.
Case 2:22-cv-00241-Z Document 1 Filed 12/20/22 Page 15 of 22 PageID 1516
They admitted that “The [Palestinian Authority] has not terminated payments for
acts of terrorism against Israeli and U.S. citizens to any individual, after being fairly
tried, who has been imprisoned for such acts of terrorism and to any individual who
died committing such acts of terrorism, including to a family member of such
individual.”
56. On or about June 8, 2022, the defendants confirmed that they had
opened a separate diplomatic office for the benefit of the Palestinian Authority, called
the “Office of Palestinian Affairs,” in Israel’s capital. This office acts independently of
the U.S. Embassy in Jerusalem and reports directly to Biden Administration political
officials in Washington. Upon information and belief, the Office of Palestinian Affairs
has operational responsibility for ensuring the Economic Support Funds being
laundered through non-governmental organizations are directly benefiting the
Palestinian Authority.
57. On or about July 31, 2022, the Palestinian Authority celebrated the
twentieth anniversary of the Hebrew University’s Frank Sinatra Cafeteria bombing
that killed nine people, including five Americans, and injured more than 80, by
announcing a fifteen percent increase in its monthly payments to the terrorists
responsible for the attack. At that point, Pay to Slay payments to the persons
responsible for the attack totaled approximately $2.6 million. Maurice Hirsch, PA to
raise salaries of terrorists who bombed the Hebrew University in Jerusalem,
Palestinian Media Watch.org (July 31, 2022), bit.ly/3DpGjKF.
Case 2:22-cv-00241-Z Document 1 Filed 12/20/22 Page 16 of 22 PageID 1617
58. On or about October 15, 2022, the defendants reported to Congress that
the Palestinian Authority continues to fund Pay to Slay. Adam Kredo, Palestinian
Government Still Pays Terrorists as US Aid Dollars Flow, Non-public State
Department report confirms Palestinians are not living up to promises, Free
Beacon.com (Oct. 18, 2022), https://bit.ly/3DqjEPz.
U.S. Funds Encourage Palestinian Terrorism
59. Since April 2021, the defendants have transferred over half a billion
dollars in Economic Support Funds and other assistance to the West Bank and Gaza
for the benefit of the Palestinian Authority. U.S. Dept. of State, Fact Sheet: U.S.
Support for the Palestinian People (Mar. 26, 2022), https://bit.ly/3yZaMOf.
60. The defendants transferred these funds with actual knowledge that U.S.
taxpayer dollars, whether in the form of Economic Support Funds or otherwise, are
subsidizing Pay to Slay, Palestinian incitement, and violent extremism.
61. For example, on September 14, 2022, a fatal attack was carried out by a
terrorist who was a member of the defendant-subsidized Palestinian Authority
security forces “by day,” and a member of the terrorist “Al-Aqsa Martyrs’ Brigade” by
“night.” Nan Jacques Zilberkik, PA Security Forces/Fatah terrorist becomes Fatah’s
new poster boy to incite more attacks, Palestinian Media Watch.org (Sep. 29, 2022),
https://bit.ly/3fmszZp.
62. On October 27, 2022, the Palestinian Authority’s “Deputy Chairman”
Mahmoud Al-Aloul, whose position was created especially for him by Palestinian
Authority President Mahmoud Abbas, affirmed that there was no separation between
Case 2:22-cv-00241-Z Document 1 Filed 12/20/22 Page 17 of 22 PageID 1718
the U.S. trained and funded Palestinian Authority security forces that are meant to
be combatting terror and the terrorists themselves. Abbas deputy admits PA security
forces are working together with terrorists, Palestinian Media Watch.org (Oct. 27,
2022), https://bit.ly/3DvAH1u.
63. On November 2, 2022, thirty-eight Members of Congress wrote to
defendant Blinken stating that they were concerned because the hundreds of millions
of dollars sent by the defendants to the Palestinians are “tragically enabling the
Palestinian Authority’s payments to terrorists and the families of terrorists who kill
innocent Americans and people of Jewish descent – also commonly referred to as ‘pay-
to-slay.’” See Letter to the Hon. Antony J. Blinken from Rep. Lauren Boebert and Rep.
Doug Lamborn, et al (Nov. 2, 2022), https://bit.ly/3UzFjtW.
64. This letter requested answers to a series of questions regarding the
Biden Administration’s funding of the Palestinian Authority, with a return date of on
or before November 7, 2022, for Congressional oversight purposes.
65. Upon information and belief, the defendants have failed to respond.
First Claim for Relief
(Non-Statutory Review of Ultra Vires Action)
66. The plaintiffs repeat paragraphs 1-65.
67. Congress found specifically that the Palestinian Authority’s Pay to Slay
program is an incentive for terrorism against persons who live in or visit the State of
Israel. Pub. L. 115–141, title X, §1002(1) (Mar. 23, 2018).
68. Therefore, it enacted the Taylor Force Act and conditioned the
defendants’ authority to make Economic Support Funds available for projects that
Case 2:22-cv-00241-Z Document 1 Filed 12/20/22 Page 18 of 22 PageID 1819
directly benefit the Palestinian Authority on a certification by defendant Blinken that
the Palestinian Authority, the Palestine Liberation Organization, and any successor
or affiliated organizations: (A) are taking credible steps to end acts of violence against
Israeli citizens and United States citizens that are perpetrated or materially assisted
by individuals under its jurisdictional control; (B) have terminated payments for acts
of terrorism against Israeli and United States citizens; (C) have revoked any law,
decree, regulation, or document authorizing or implementing a system of
compensation for imprisoned individuals that uses the sentence of an individual
imprisoned for an act of terrorism to determine the level of compensation paid; and
(D) are “publicly condemning” terrorism and taking appropriate steps to investigate
or are cooperating in investigations of such acts to bring the perpetrators to justice.
22 U.S.C. § 2378c-1(a)(1).
69. The defendant Blinken has not and cannot so certify.
70. The defendants have claimed that they comply with the Taylor Force
Act and all other U.S. laws. Staff, Renewed U.S. aid to Palestinians ‘consistent’ with
U.S. law - State Department spokesman, Reuters.com (Apr. 7, 2021),
https://reut.rs/3F6H0ex. This is false.
71. For example, to circumvent Congress and the Taylor Force Act and fund
the Palestinian Authority, inter alia, the defendants are intentionally laundering
Economic Support Fund grants and awards through non-governmental organizations
that are in fact or by operation of “Law-by-Decree 7/2021” Palestinian Authority
affiliates or instrumentalities. The goal and purpose of the defendants’ conduct is to
Case 2:22-cv-00241-Z Document 1 Filed 12/20/22 Page 19 of 22 PageID 1920
directly benefit the Palestinian Authority by relieving it of direct financial
responsibility for its infrastructure, governance, and civil society obligations in the
West Bank and Gaza, thereby allowing it to fund Pay to Slay, among other things.
72. At all times relevant, the defendants knew that they were subsidizing
Pay to Slay and violating the Taylor Force Act, and that their conduct was ultra vires
and contrary to U.S. Const. Art. I, §§ 1 (separation of powers) and 9, cl. 7
(appropriations clause), and U.S. Const. Art. II, § 3 (take care clause).
73. The defendants’ conduct as described herein has concretely and
foreseeably damaged the plaintiffs by causing them emotional and physical injury
and distress, by increasing their risk of injury and/or death when visiting Israel, and
by violating the separation of powers.
74. Non-statutory judicial review is appropriate because the defendants’
conduct in this case is utterly lawless. They have exceeded their delegated power and
are knowingly and intentionally violating the Taylor Force Act. Also, without judicial
review, plaintiffs will be wholly deprived of a meaningful opportunity to vindicate
their rights.
Second Claim for Relief
(5 U.S.C. § 706)
75. The plaintiffs repeat paragraphs 1-74.
76. The defendants’ grants and awards of Economic Support Funds are final
agency action under 5 U.S.C. §§ 551(11)(a) and (13), for which there is no other
adequate remedy in a court.
Case 2:22-cv-00241-Z Document 1 Filed 12/20/22 Page 20 of 22 PageID 2021
77. Pursuant to 5 U.S.C. § 706, this court should declare unlawful all
Economic Support Fund grants and awards that directly benefit the Palestinian
Authority, including but not limited to all grants and awards to persons and/or non-
governmental organizations under its jurisdiction, for such grants and awards are
contrary to the defendants’ constitutional right, power, and privilege, in excess of
their statutory authority, and short of their statutory rights.
WHEREFORE, the plaintiffs respectfully request the following relief:
A. A declaration that the defendants have violated and are in continuing
violation of the Taylor Force Act, 22 U.S.C. § 2378c-1.
B. Under 5 U.S.C. § 705, all necessary and appropriate process to freeze all
Economic Support Fund grants or awards that directly benefit the Palestinian
Authority, and to preserve status or rights pending conclusion of the review requested
in this case.
C. A permanent injunction barring the defendants from making Economic
Support Funds available for assistance in the West Bank and Gaza that directly
benefits the Palestinian Authority except in compliance with 22 U.S.C. § 2378c-1(a).
D. Such other relief as this Court deems just.
Case 2:22-cv-00241-Z
Document 1 Filed 12/20/22
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