Thursday, July 23, 2009

Jerusalem -- one city, undivided

by Jeff Jacoby
The Boston Globe
July 22, 2009

LATE LAST WEEK, the Obama administration demanded that the Israeli government pull the plug on a planned housing development near the Sheikh Jarrah neighborhood of Jerusalem. The project, a 20-unit apartment complex, is indisputably legal. The property to be developed -- a defunct hotel -- was purchased in 1985, and the developer has obtained all the necessary municipal permits.

Why, then, does the administration want the development killed? Because Sheikh Jarrah is in a largely Arab section of Jerusalem, and the developers of the planned apartments are Jews. Think about that for a moment. Six months after Barack Obama became the first black man to move into the previously all-white residential facility at 1600 Pennsylvania Avenue in Washington, he is fighting to prevent integration in Jerusalem. It is impossible to imagine the opposite scenario: The administration would never demand that Israel prevent Arabs from moving into a Jewish neighborhood. And the Obama Justice Department would unleash even kinds of hell on anyone who tried to impose racial, ethnic, or religious redlining in an American city. In the 21st century, segregation is unthinkable -- except, it seems, when it comes to housing Jews in Jerusalem. It is not easy for Israel's government to refuse any demand from the United States, which is the Jewish state's foremost ally. To their credit, Israeli leaders spoke truth to power, and said no. "Jerusalem residents can purchase apartments anywhere in the city," Prime Minister Benjamin Netanyahu said on Sunday. "This has been the policy of all Israeli governments. There is no ban on Arabs buying apartments in the west of the city, and there is no ban on Jews building or buying in the city's east. This is the policy of an open city."

There was a time not so long ago when Jerusalem was anything but an open city. During Israel's War of Independence in 1948, the Jordanian Arab Legion invaded eastern Jerusalem, occupied the Old City, and expelled all its Jews -- many from families that had lived in the city for centuries. "As they left," the acclaimed historian Sir Martin Gilbert later wrote in his 1998 book, Jerusalem in the Twentieth Century, "they could see columns of smoke rising from the quarter behind them. The Hadassah welfare station had been set on fire and . . . the looting and burning of Jewish property was in full swing."

For the next 19 years, eastern Jerusalem was barred to Jews, brutally divided from the western part of the city with barbed-wire and military fortifications. Dozens of Jewish holy places, including synagogues hundreds of years old, were desecrated or destroyed. Gravestones from the ancient Mount of Olives cemetery were uprooted by the Jordanian army and used to
pave latrines. Jerusalem's most sacred Jewish shrine, the Western Wall, became a slum. It wasn't until 1967, after Jordan was routed in the Six-Day War, that Jerusalem was reunited under Israeli sovereignty and religious freedom restored to all. Israelis have vowed ever since that Jerusalem would never again be divided. And not only Israelis. US policy, laid out in the Jerusalem Embassy Act of 1995, recognizes Jerusalem as "a united city administered by Israel" and formally declares that "Jerusalem must remain an undivided city."

US presidents, Republican and Democratic alike, have agreed. In former President Clinton's words, "Jerusalem should be an open and undivided city, with assured freedom of access and worship for all." As a presidential candidate, Barack Obama said much the same thing. To a 2008 candidate questionnaire that asked about "the likely final status Jerusalem," Obama replied: "The United States cannot dictate the terms of a final status agreement. . . . Jerusalem will remain Israel's capital, and no one should want or expect it to be re-divided." In a speech to the American Israel Public Affairs Council, he repeated the point: "Let me be clear . . .
Jerusalem will remain the capital of Israel, and it must remain undivided."

Palestinian irredentists claim that eastern Jerusalem is historically Arab territory and should be the capital of a future Palestinian state. In reality, Jews always lived in eastern Jerusalem -- it is the location of the Old City and its famous Jewish Quarter, after all, not to mention Hebrew University, which was founded in 1918. The apartment complex that Obama opposes is going up in what was once Shimon Hatzadik, a Jewish neighborhood established in 1891. Only from 1948 to 1967 -- during the Jordanianoccupation -- was the eastern part of Israel's capital "Arab territory." Palestinians have no more claim to sovereignty there than Russia does in formerly occupied eastern Berlin.

The great obstacle to Middle East peace is not that Jews insist on living among Arabs. It is that Arabs insist that Jews not live among them. If Obama doesn't yet grasp that, he has a lot to learn.

Monday, July 20, 2009

Obama's real agenda

Jul. 19, 2009

Anne Bayefsky , THE JERUSALEM POST

President Barack Obama last Monday met for the first time with leaders of selected Jewish organizations and leaks from the meeting now make one thing very clear. The only free country in the Middle East no longer has a friend in the leader of the free world. Obama is the most hostile sitting American president in the history of the state of Israel.

This was the very first meeting with Jewish community's leaders. Earlier requests for an audience with major Jewish organizations had reportedly been ignored. Six months after taking office the president finally got around to issuing an invitation to stop the bleeding. Increasing numbers of Jews even among the overwhelming number who voted for Obama have been voicing serious concern about his real agenda.

The meeting, however, did not showcase the president's trademark engagement and dialogue routine. Instead, he decided to cherry pick his Jewish audience to include pro-Obama newcomers with little support in the mainstream Jewish world, such as J Street, while blackballing the Zionist Organization of America. The oldest pro-Israel group in the United States, with a Washington office second in size only to the American Israel Public Affairs Committee (AIPAC), was not a voice Obama wanted to hear. This leaves the president willing to engage Iranian President Mahmoud Ahmadinejad but not ZOA President Mort Klein.

The growing alarm in the Jewish community was also something the White House was bent on covering up. They refused to put the meeting on the President's public schedule until it was outed. The White House demanded strict confidentiality and issued a terse couple of lines that it occurred when it was all over.

BUT THERE is no papering over the distressing reality that emerged. The president told his listeners that he preferred putting daylight between the United States and Israel. His reported justification: "there was no light between the US and Israeli positions for the last eight years, and no progress was made."

Evidently, unilateral disengagement from the Gaza Strip, 21 settlements and 9,000 residents counts for nothing. The Palestinian terrorist leadership and street have refused to accept a Jewish state for the past eight years (and the previous 53) because the United States did not add sufficiently to Israel's isolation.

The president apparently believes that the Palestinians are more likely to end terrorism, incitement to violence and rampant anti-Semitism if the United States applies more pressure on their victims. Even if Obama doesn't get it, Mahmoud Abbas does. He is now refusing to negotiate anything with the new Israeli government until Obama's settlement conditions are met.

During the meeting, the president repeatedly described his new policy in terms of one of Yasser Arafat's favorite mantras, "even-handedness." That's diplotalk for a moral equivalence between an Arab war against Jewish self-determination launched from the day of Israel's birth decades before any "occupation" and the conditions of third-generation Palestinian "refugees" kept in limbo pending Israel's destruction. But Obama's even-handedness was no slip of the tongue. In his Cairo speech, the president equated the Holocaust to Palestinian "dislocation."

The president promoted his strategy of putting hard public pressure" on Israel as a means to build more credibility with Arab states. He must have meant the kind of credibility that comes from his policy of leaving an "open door" to Iran after its discredited election.

OBAMA THEN claimed that the widespread perception of an anti-Israel agenda was all the media's fault because the media is only interested in a "man-bites-dog" story. When an administration sends a US ambassador back to Syria though it is still listed as a key state sponsor of terrorism, hosts terrorist kingpins pursuing Israel's annihilation, and was caught trying to acquire weapons of mass destruction, the story is far-fetched alright, but true.

The president joked that Al-Jazeera often airs pictures of him wearing a yarmulke at the Western Wall. Except the photo - op during the election campaign had been intended to fool a Jewish audience that is no longer amused.

Reports also quote the president as claiming Israel has yet to "engage in serious self-reflection." Considering Israel is a democratic country forced to send its children into the armed forces for two to three years and its men into reserve duty for another twenty-five, that isn't the audacity of hope. It's just plain audacity.

There is no doubt that the pressure on Israel from the Obama administration is going to get a lot worse, as the President told the group "there is a narrow window of opportunity for advancing the peace process." Everyone understood the threat. The narrow window is Obama's self-defined political ambitions bearing no relationship to the realities of the Middle East or the welfare of either Israel or the United States.

Friday, July 17, 2009

Human Rights Watch Gives it up

Human Rights Watch Goes to Saudi Arabia
Seeking Saudi Money to Counterbalance "Pro-Israel Pressure Groups"
BY DAVID BERNSTEIN The Wall Street Journal

A delegation from Human Rights Watch was recently in Saudi Arabia. To investigate the mistreatment of women under Saudi Law? To campaign for the rights of homosexuals, subject to the death penalty in Saudi Arabia? To protest the lack of religious freedom in the Saudi Kingdom? To issue a report on Saudi political prisoners?

No, no, no, and no. The delegation arrived to raise Money from wealthy Saudis by highlighting HRW's demonization of Israel. An HRW spokesperson, Sarah Leah Whitson, highlighted HRW's battles with "pro-Israel pressure groups in the US, the European Union and the United Nations." (Was Ms. Whitson required to wear a burkha, or are exceptions made for visiting anti-Israel "human rights" activists"? Driving a car, no doubt, was out of the question.)

Apparently, Ms. Whitson found no time to criticize Saudi Arabia's abysmal human rights record. But never fear, HRW "recently called on the Kingdom to do more to protect the human rights of domestic workers.

There is nothing wrong with a human rights organization worrying about maltreatment of domestic workers. But there is something wrong when a human rights organization goes to one of the worst countries in the world for human rights to raise Money to wage lawfare against Israel, and says not a word during the trip about the status of human rights in that country. In fact, it's a virtual certainty that everyone in Whitson's audience employs domestic servants, giving her a perfect, untaken opportunity to boast about HRW's work in improving the servants' status. But Whitson wasn't raising Money for human rights, she was raising Money for HRW's propaganda campaign against Israel.

Someone who claims to have worked for HRW wrote to me, "I can tell you that the people on the research and policy side of the organization have little, if any, contacts with people on the donor side." If that's true, apparently this is yet another exception HRW makes for Israel: Ms. Whitson, who gave the presentation to potential Saudi donors, is director of HRW's Middle East and North Africa Division.

Also, as a Nathan Wagner comments at Opinio Juris: "Surely there is a moral difference between raising funds in free nations through appeals to ideals of universal human rights and raising Money in repressive nations through appeals highlighting pressure brought against their enemies. [Moreover], the former type of fundraising does not imperil the organization's mission, but fundraising Bernstein highlights does, since any significant reliance on such funds will necessarily mute criticism of the repressive government."

Finally, some would defend HRW by pointing it that it has criticized Saudi Arabia's human rights record rather severely in the past. The point of my post, though, is not that HRW is pro-Saudi, but that it is maniacally anti-Israel. The most recent manifestation is that its officers see nothing unseemly about raising funds among the elite of one of the most totalitarian nations on earth, with a pitch about how the Money is needed to fight "pro-Israel forces," without the felt need to discuss any of the Saudis' manifold human rights violations, and without apparent concern that becoming dependent on funds emanating from a brutal dictatorship leaves you vulnerable to that brutal dictatorship later cutting off the flow of funds, if you don't "behave."

Tuesday, July 14, 2009

Speechless....

July 11, 2009, 7:00 a.m.

Obama Frees Iranian Terror Masters
The release of the Irbil Five is a continuation of a shameful policy.

By Andrew C. McCarthy

There are a few things you need to know about President Obama's shameful release on Thursday of the "Irbil Five" - Quds Force commanders from Iran's Islamic Revolutionary Guards Corps (IRGC) who were coordinating terrorist attacks in Iraq that have killed hundreds - yes, hundreds - of American soldiers and Marines.

First, of the 4,322 Americans killed in combat in Iraq since 2003, 10 percent of them (i.e., more than 400) have been murdered by a single type of weapon alone, a weapon that is supplied by Iran for the singular purpose of murdering Americans. As Steve Schippert explains at NRO's military blog, the Tank, the weapon is "the EFP (Explosively Formed Penetrator), designed by Iran's IRGC specifically to penetrate the armor of the M1 Abrams main battle tank and, consequently, everything else deployed in the field." Understand:

This does not mean Iran has killed only 400 Americans in Iraq. The number killed and wounded at the mullahs' direction is far higher than that - likely multiples of that - when factoring in the IRGC's other tactics, such as the mustering of Hezbollah-style Shiite terror cells.

Second, President Bush and our armed forces steadfastly refused demands by Iran and Iraq's Maliki government for the release of the Irbil Five because Iran was continuing to coordinate terrorist operations against American forces in Iraq (and to aid Taliban operations against American forces in Afghanistan). Freeing the Quds operatives obviously would return the most effective, dedicated terrorist trainers to their grisly business.

Third, Obama's decision to release the five terror-masters comes while the Iranian regime (a) is still conducting operations against Americans in Iraq, even as we are in the process of withdrawing, and (b) is clearly working to replicate its Lebanon model in Iraq: establishing a Shiite terror network, loyal to Iran, as added pressure on the pliant Maliki to understand who is boss once the Americans leave. As the New York Times reports, Gen. Ray Odierno, commander of U.S. forces in Iraq, put it this way less than two weeks ago:

"Iran is still supporting, funding, training surrogates who operate inside of Iraq - flat out. . . . They have not stopped. And I don't think they will stop. I think they will continue to do that because they are also concerned, in my opinion, [about] where Iraq is headed. They want to try to gain influence here, and they will continue to do that. I think many of the attacks in Baghdad are from individuals that have been, in fact, funded or
trained by the Iranians."

Fourth, President Obama's release of the Quds terrorists is a natural continuation of his administration's stunningly irresponsible policy of bartering terrorist prisoners for hostages. As I detailed here on June 24, Obama has already released a leader of the Iran-backed Asaib al-Haq terror network in Iraq, a jihadist who is among those responsible for the 2007 murders of five American troops in Karbala. While the release was ludicrously portrayed as an effort to further "Iraqi reconciliation" (as if that would be a valid reason to spring a terrorist who had killed Americans), it was in actuality a naïve attempt to secure the reciprocal release of five British hostages - and a predictably disastrous one: The terror network released only the corpses of two of the hostages, threatening to kill the remaining three (and who knows whether they still are alive?) unless other terror leaders were released.

Michael Ledeen has reported that the release of the Irbil Five is part of the price Iran has demanded for its release in May of the freelance journalist Roxana Saberi. Again, that's only part of the price: Iran also has demanded the release of hundreds of its other terror facilitators in our custody. Expect to see Obama accommodate this demand, too, in the weeks ahead.

Finally, when it comes to Iran, it has become increasingly apparent that President Obama wants the mullahs to win. What you need to know is that Barack Obama is a wolf in "pragmatist" clothing: Beneath the easy smile and above-it-all manner - the "neutral" doing his best to weigh competing claims - is a radical leftist wedded to a Manichean vision that depicts American imperialism as the primary evil in the world.

You may not have wanted to addle your brain over his tutelage in Hawaii by the Communist Frank Marshall Davis, nor his tracing of Davis's career steps to Chicago, where he seamlessly eased into the orbit of Arafat apologist Rashid Khalidi, anti-American terrorists Bill Ayers and Bernardine Dohrn, and Maoist "educator" Michael Klonsky - all while imbibing 20 years' worth of Jeremiah Wright's Marxist "black liberation theology." But this neo-Communist well from which Obama drew holds that the world order is a maze of injustice, racism, and repression. Its unified theory for navigating the maze is: "United States = culprit." Its default position is that tyrants are preferable as long as they are anti-American, and that while terrorist methods may be regrettable, their root cause is always American provocation - that is, the terrorists have a point.

In Iran, it is no longer enough for a rickety regime, whose anti-American vitriol is its only vital sign, to rig the "democratic" process. This time, blatant electoral fraud was also required to mulct victory for the mullahs' candidate. The chicanery ignited a popular revolt. But the brutal regime guessed right: The new American president would be supportive. So sympathetic is Obama to the mullahs' grievances - so hostile to what he, like the regime, sees as America's arrogant militarism - that he could be depended on to go as far as politics allowed to help the regime ride out the storm.

And so he has. Right now, politics will allow quite a lot: With unemployment creeping toward 10 percent, the auto industry nationalized, the stimulus revealed as history's biggest redistribution racket (so far), and Democrats bent on heaping ruinous carbon taxes and socialized medicine atop an economy already crushed by tens of trillions in unfunded welfare-state liabilities, Iran is barely on anyone's radar screen.

So Obama is pouring it on while his trusty media idles. When they are not looking the other way from the carnage in Iran's streets, they are dutifully reporting - as the AP did - that the Irbil Five are mere "diplomats." Obama frees a terrorist with the blood of American troops on his hands, and the press yawns. Senators Jeff Sessions and Jon Kyl press for answers about the release of the terrorist and Obama's abandonment of a decades-old American policy against trading terrorists for hostages, and the silence is deafening.

Except in Tehran, where the mullahs are hearing exactly what they've banked on hearing.

- National Review's Andrew C. McCarthy is a senior fellow at the National
Review Institute and the author of Willful Blindness: A Memoir of the Jihad
(Encounter Books, 2008 ).

Saturday, July 11, 2009

The Russian Connection

HRH's visit to Russia once again demonstrated his almost comic ignorance, or willful ignorance of world history, and current events.

As he negotiates with the Russians to reduce OUR nukes, and purportedly their nukes, as well as trying to get Russian co operation with regard to Iran, he fails to consider several points in which the Russians have been the driving force behind Iranian nuclear ambition.

* Russia is responsible for construction of the Iranian nuclear power plant at Bushehr.

* Russia is supplying Iran with nuclear fuel with no provisions for dealing with spent nuclear fuel.

* Russia has provided "blueprints" for Iran's development of a heavy water nuclear reactor.

* Official Russia turns a blind eye while Iran obtains uranium mining and milling technology from Russian companies.

* Russia is Iran's close partner when it comes to delivery systems - building missiles. At least seven Russian companies expert in missile technology are operating in Iran.


The Great dictator says his principal foreign policy goal is to "remake America's image in the world." He wants to be liked. And I repeat, it is HE who wants to be liked, because he does not particularly like Americans. And to that end, while in Moscow, he delivered a "please like me" speech aimed at the Russian people.

But this is Russia and in Russia you play by the Bear's rules. President Obama's speech was carried only on the least watched Russian TV channel (think C-Span). On the other hand, Mr. Putin's finger wagging lecture to Mr. Obama about the Cold War and American arrogance received extensive coverage on all Russian media.

And of course, OUR media, would never let you know that.

Saturday, July 4, 2009

Independence Day (an annual repost)

Some may wonder what the real significance of July 4th, or Indepenence day is to the world, let alone the United States.

The 18th century was known as the Age of Revolutions, and for good reason. It was ended, really, with the Russian Revolution, but there were revolutions throughout the Western World, indicating the ascendancy of the believers in Natural Law and the ascension of the promoters of this humanistic view, the "philosophes".

For the first time in history, there was talk among intellectuals of "human rights". Not the way we now know them but that mankind had certain rights which could not be proscribed by legislatures, let alone kings.

More directly the entire concept of "divine rule" of a monarch was thrown into dispute and the idea that G*d had granted to man certain rights and that there were also natural laws or "laws of nature" that had to be obeyed were new and revolutionary.

These ideas had been fomenting and had been written about all over the world. They can be seen in the writings of Locke and Rousseau. Jefferson himself had written down many of the same ideas in his Consitution of the state of Virginia and Adams had copied them for Massachusetts.

But what separates the American Revolution was the writing of Thomas Jefferson.

The Declaration of Independence, heavily edited by John Adams and Benjamin Franklin and truncated by the Continental Congress in Philadelphia, is considered by most historians to be the pre-eminent document of the "Age of Enlightenment".

It is brilliant in it's simplicity and it's execution.

"We hold these truths to be self evident..."

No need for discussion, all intelligent gentleman now understand that these truths are, and of right , ought to be, shared by all (white men, of course).

"...that all men are created equal"

No longer were there serfs and a monarch, but rather gentleman, all of whom had a right to express their opinions.

"...that they are endowed by their creator with rights..."

Rights are divinely granted but of this earth.

Below are the words that this country was founded upon.

Go to UShistory dot org to also read Jefferson's original version, his draft. You will see how the beauty was crafted, and the parts that, had they been allowed to remain, would have changed history.
Most important among these edits was the dis inclusion of the following passages dealing with slavery. In order to ensure a unanimous vote, the bloc of Southern States demanded it's removal:

he has waged cruel war against human nature itself, violating
it's most sacred rights of life & liberty in the persons of
a distant people who never offended him, captivating & carrying
them to slavery in another hemisphere, or to incur miserable
death in their transportations thither. this piratical warfare,
the opprobrium of infidel powers, is the warfare of the Christian
king of Great Britain. determined to keep open a market where MEN
should be bought & sold, he has prostituted his negative for
suppressing every legislative attempt to prohibit or to restrain
determining to keep open a market where MEN should be bought & sold
this excrable commerce ^ and that this assemblage of horrors might
want no fact of distiguished die

Read it, and appreciate it again, and the men and women who have died to protect these words and what they mean.

Now the text of the Declaration:

IN CONGRESS, JULY 4, 1776
The unanimous Declaration of the thirteen united States of America

When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. — Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.

He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their Public Records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected, whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice by refusing his Assent to Laws for establishing Judiciary Powers.

He has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil Power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

For quartering large bodies of armed troops among us:

For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all parts of the world:

For imposing Taxes on us without our Consent:

For depriving us in many cases, of the benefit of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences:

For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies

For taking away our Charters, abolishing our most valuable Laws and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection and waging War against us.

He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people.

He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation, and tyranny, already begun with circumstances of Cruelty & Perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these united Colonies are, and of Right ought to be Free and Independent States, that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. — And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

Friday, July 3, 2009

The two latest myths to explode.

One of the real hillarities of the first six months of the Obama administration, was hearing them claim, as unemployment was rising (not initially their fault) that they had created hundreds of thousands of new jobs.

A line that could clearly never really be checked. Unless of course they were referring to the MASSIVE hiring by the federal government.

But this weeks June job report, which was far worse than anticipated, with 467,000 jobs lost, explodes, once and for all, that lie. Imagine that number, again, even with the federal government adding jobs at record pace.

The next myth was the stock market "recovery".

As I pointed out to my friends who used to be clients, the market will remain in what technical analysts refer to as a "trading range" of between 7800 and 9300 for some time.

Of course, going from 7800 to 8800 is about a 13% gain, so it seems immense.

But the market has to create a new base before it really begins to move back up. It will test the previous lows (of the old market) as it's new "highs" i.e. around 9300, a few times, before "breaking out" above that mark.

Why this is always news, I don't know.

But, unfortunately, what it does mean, is that the second half of the Obama administration will see that breakout.

As of now, we are at the beginning of the typical summer duldrums, with much of Wall St. in the Hamptons or Jersey shore, so moves can be more dramatic with lower volume. However, the range will remain.

So, there is no "Obama effect" on the market. Thank goodness this week took that one off the shelf as well.

NY DIVESTS $86.2M FROM COMPANIES LINKED TO IRAN, SUDAN

New York Comptroller Thomas DiNapoli announced Tuesday that his state is withdrawing $86.2 million in state retirement fund investments from nine companies that do business with Iran and Sudan, Bloomberg reported. "These companies failed to meet even the minimum requirements of the risk mitigation programs we initiated two years ago," DiNapoli said, noting that Iran supports terrorism, is trying to become a nuclear power and has called for Israel’s destruction, while Sudan is committing genocide. "Can we afford to risk pension fund investments in nations led by these kinds of regimes?" he asked. Tuesday's announcement is the latest in a string of steps taken in New York relating to Iran's illicit nuclear pursuit. In April, the Manhattan district attorney's office charged a Chinese businessman and his company with a conspiracy relating to the sale of potential nuclear materials to Iran.

Wednesday, July 1, 2009

Barack Obama and International Law

By Caroline Glick...

US President Barack Obama consistently couches his demand that Israel prohibit Jewish people from constructing or expanding our homes and communities in Jerusalem, Judea and Samaria in legal-sounding language.

Obama has called settlements "illegitimate." And he has said that Israel "has obligations under the road map," while referring disparagingly to "settlements that, in past agreements, have been categorized as illegal."

Secretary of State Hillary Clinton and Obama's Middle East envoy George Mitchell have repeatedly uttered similar statements.

By characterizing its demand that Israel prohibit Jews from building homes in Israel's capital city and its heartland as a legal requirement, the Obama administration portrays Israel as an international outlaw. After all, if building homes for Jews is a crime, and Israel is not prohibiting Jews from building homes, then Israel is at best guilty of enabling a crime to take place, and at worst, it is a criminal state.

It makes good political sense for the Obama administration to make its case against Israel in this fashion. According to a survey of US public opinion published in early 2006 by the Boston Review, whereas only 7 percent of Democrats support going to war to spread democracy - versus 53% of Republicans; 71% of Democrats - versus 36% of Republicans - support going to war to help the United Nations "uphold international law." What this poll shows is that for Obama supporters, the idea that Israel should be treated poorly because it is in breach of international law resonates deeply.

The problem with the Obama administration's characterization of a ban on Jewish building in Jerusalem, Judea and Samaria as an Israeli legal obligation is that Israel has never taken upon itself a legal obligation to prohibit such building activities. Israel has never signed an agreement that has characterized any Jewish communities as "illegal."

Moreover, both former prime minister Ariel Sharon's chief of staff Dov Weisglass and former president George W. Bush's deputy national security adviser for the Middle East Elliot Abrams have gone on record stating that Sharon's much vaunted decision to curtail Jewish building in Judea and Samaria (never Jerusalem), in line with the road map negotiating framework, was based on a series of explicit understandings with the Bush administration that spelled out the scope of Jewish building that Israel would maintain for the duration of the peace process. As Abrams wrote on Thursday in The Wall Street Journal, "Not only were there agreements, but the prime minister of Israel relied on them..."

Then, too, since the road map was approved as a mere cabinet decision - as opposed to an international agreement - the Netanyahu government has no legal obligation to actively advance it. Indeed, if it wishes, it can abrogate Israel's acceptance of the document at any time simply by calling for another vote.

More importantly perhaps from the Obama administration's perspective is that the road map itself lacks the force of international law. Although it was adopted by the Security Council, it was not adopted as an internationally binding document under Chapter VII of the UN Charter. Consequently, Israel has no international legal obligation to end Jewish construction in Judea and Samaria or Jerusalem.

Like the US, Israel is a signatory to the 1976 International Convention for Civil and Political Rights, which among other things prohibits all forms of discrimination against people on the basis of religion and nationality.

Consequently, Israel is barred from discriminating specifically against Jews who wish to build homes on legally controlled lands in Judea and Samaria. As a binding treaty, this convention takes precedence over the nonbinding road map. Indeed, given the road map's prejudicial position on Jewish building it can be reasonably argued that the road map itself calls for a breach of international law.

Finally, there is always the claim made by Israel's critics that Jewish communities located beyond the 1949 armistice lines are illegal by dint of the Fourth Geneva Convention from 1949. That convention prohibits an occupying power from transferring parts of its population to occupied territory. Legal authorities have long disputed whether this convention is applicable to Judea and Samaria, but even if it is applicable, according to Prof. Avi Bell from Bar-Ilan University Law School, it "only proscribes state actions."

Bell explains, "The Fourth Geneva Convention does not purport to limit in any way what individual Jews may or may not do on their legally held property or where they may or may not choose to live."

WHEREAS UPON examination it is clear that the Obama administration is wrong in insinuating that Israel is in breach of its international legal commitments through its refusal to bar Jewish construction in Judea, Samaria and Jerusalem, the Obama administration's own policy toward the Palestinians places it in clear breach of both binding international law and domestic US law.

On September 28, 2001, the UN Security Council passed binding Resolution 1373. Resolution 1373, which was initiated by the US government, and was passed by authority of Chapter VII, committed all UN member states to "refrain from providing any form of support, active or passive, to entities or persons involved in terrorist acts." Resolution 1373 further required UN member states to "deny safe haven to those who finance, plan, support, or commit terrorist acts or provide safe haven" to those that do.

In 1995, the US State Department acknowledged that Hamas fits the legal definition of a terrorist organization. Today, due to its policies toward Hamas, the Obama administration is in breach of both Resolution 1373 - that is, of international law - and of US domestic law barring the provision of support and financing to foreign terrorist organizations.

According to an internal State Department document cited Wednesday by
the Atlas Shrugs Web site, the US has already transferred or is in the process of allocating $300 million dollars to Gaza through USAID and the International Committee of the Red Cross. Since Hamas controls "humanitarian" organizations in Gaza, and Hamas has openly and repeatedly stolen "humanitarian aid," there is little doubt the transfer of funds to Gaza constitutes indirect assistance to Hamas and is therefore prohibited by Resolution 1373 as well as by US statute.

The Obama administration is further in breach of international and domestic US law due to its attempts to coerce Israel into opening international passages between Israel and Gaza to enable trade and commerce with Hamas-controlled Gaza and to end or curtail travel restrictions for people between Gaza and Israel.

Resolution 1373 stipulates that all states must "prevent the movement of terrorists or terrorist groups by effective border controls." Given the fact that the Gaza side of the border is controlled by a terrorist organization, any significant relaxation of Israeli border controls puts Israel at risk of facilitating the movement of terrorists and permitting direct and indirect support to terrorists.

So too, Resolution 1373 requires all states to "ensure that any person who participates in the financing, planning, preparation or perpetuation of terrorist acts or in supporting terrorist acts is brought to justice." Yet rather than calling on Israel to arrest all persons working with Hamas and operating in its territory, the US itself pledged $900m. to rebuilding Gaza. Moreover, it is demanding that Israel allow the importation of dual use materials such as cement into Gaza which will enable Hamas to rebuild its infrastructures that were destroyed during Operation Cast Lead. It is also attempting to coerce Israel into transferring cash to Hamas-controlled banks in Gaza.

Then, too, as Dan Diker reported in a study published by the Jerusalem Center for Public Affairs, US-supported Palestinian Authority Prime Minister Salaam Fayad recently acknowledged that the US-financed PA continues to pay the salaries of Hamas terrorists.

Multiple news reports in recent days have indicated that the Obama administration is working to facilitate the establishment of a Palestinian government that will include Hamas. US efforts to legitimize the incorporation of a terrorist group in a Palestinian government are a severe violation of US and international law. This is the case since it would clearly involve aiding a designated terrorist organization and helping to provide it with a safe haven.

Hamas is not the only terrorist organization to which the Obama administration is providing assistance - again, in apparent breach of international and US law. The administration is also aiding Hizbullah. Ahead of his June 4 address in Cairo, Obama met with members of the Egyptian Muslim Brotherhood at the White House. He also invited members of the Muslim Brotherhood to be present at his speech at Cairo University.

Shortly before the White House meeting, Egyptian legal authorities alleged that the Muslim Brotherhood provided material support to Hizbullah terrorists in Egypt. These Hizbullah operatives - and their Muslim Brotherhood partners - were allegedly engaged in a plot to commit massive terrorist attacks in Egypt whose goal was the illegal overthrow of the government. That is, the Muslim Brotherhood was allegedly involved in a terrorist conspiracy led by Hizbullah - a designated foreign terrorist organization. Furthermore, the plot was apparently hatched by Iran - which the US State Department has designated as state sponsor of terrorism.

By meeting with representatives of the Muslim Brotherhood suspected of providing material support to a designated terrorist organization, Obama was arguably illegally providing indirect assistance to Hizbullah - again in breach of Resolution 1373 and US law.

Then there is the US's direct assistance to the Lebanese military. During the 2006 war between Israel and Hizbullah, the Lebanese military provided direct assistance to Hizbullah operatives in carrying out their illegal war against Israel. Since then, expanding Hizbullah influence over the Lebanese military has been copiously documented. Consequently, by providing direct US military assistance - including weapons - to the Lebanese military, the US government is arguably in breach of Resolution 1373 and US law.

GOING BACK for a moment to the Palestinians, Hamas of course is not the only terrorist organization that is materially assisted by the Obama administration's policies. As Itamar Marcus and Barbara Crook wrote in The Jerusalem Post last month, the US is financing the construction of a Palestinian computer center named for arch Fatah terrorist Dalal Mughrabi, who led the 1978 bus bombing on Israel's coastal highway in which 37 civilians, including 12 children and US citizen Gail Rubin, were murdered.

As Marcus and Crook note, the 2008 US Foreign Operations Bill bars US assistance to the Palestinians from being used "for the purpose of recognizing or otherwise honoring individuals who commit or have committed acts of terrorism."

Obama, the former law professor, never tires of invoking international law. And yet, when one considers his policies toward Israel on the one hand, and his policies toward illegal terrorist organizations on the other, it is clear that Obama's respect for international law is mere rhetoric. True champions of law in both Israel and the US should demand an end to his administration's contempt for the US's actual - rather than imaginary - legal obligations.