Sen. Elizabeth Warren’s Twisted Analysis

Sen. Elizabeth Warren (D-Mass.) is a law professor. By most accounts, she is a pretty good one. She has also been a United States senator for more than a decade, and even a presidential hopeful for a short time.

Her reviews on the political side of her career are mixed. She has staked out one of the harder left, progressive positions in her party and gained respect as an advocate for energy and environmental issues, consumer protection and a host of progressive agenda items.

Warren is also smart and articulate. And she is usually careful to apply the law to the facts in her presentations to explain or justify her positions. All in all, she must be doing something right since her constituents keep reelecting her to office.

In the days after Hamas’ Oct. 7 attack in Israel, Warren offered full-throated support for Israel. In an emotional speech delivered at a pro-Israel rally shortly thereafter, Warren proclaimed that there is “no justification for terrorism, ever” and pledged that America would be a “steadfast ally” to Israel.

But as the Gaza war effort progressed — with daily reports of the loss of life and suffocating human conditions among the civilian population in Gaza, relentless pressure on Warren from present and former staffers, demonstrations outside her office and other pressure from an array of progressive advocates — Warren’s language shifted. As she ratcheted up her criticism of the Netanyahu government, she moved from urging the minimization of civilian harm in Gaza to demanding an immediate cease-fire and has advocated cutting off further U.S. military shipments and other support to Israel.

Disappointing. But not surprising. What is surprising is how Warren’s march to the left in support of the Palestinian cause has muddled her usually sharp legal thinking.

Warren got a lot of attention last week when she declared that Israel’s war in Gaza would legally be considered a genocide. That pronouncement came during Warren’s appearance at the Islamic Center of Boston. She was asked: “Do you think that Israel is committing a genocide?” Her response: “If you want to do it as an application of law, I believe that they’ll find that it is a genocide, and they have ample evidence to do so.”

Warren’s response received cheers and applause at the Islamic Center. Lots of other people simply shook their heads. And Warren’s spokesman tried to walk back the statement, contorting to claim that what she said didn’t reflect Warren’s “view on whether genocide is occurring in Gaza.”

Let’s be clear: Genocide is an internationally recognized crime where acts are committed with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group. Professor Warren knows that a defensive war effort is not genocide. She knows that Hamas’ goal of destroying Israel is genocidal. And she knows, as acknowledged by Defense Secretary Lloyd Austin in a Senate hearing last week, that the United States has no evidence that Israel is committing genocide in Gaza as it carries out its war against the terrorist group Hamas.

We invite Warren to share her evidence and legal analysis to support her outrageous and irresponsible accusation. In the schoolyard vernacular: Put up or shut up.