Shortly after posting a discussion of conservative legal scholar Illya Somin’s article at Reason declaring the Trump administration’s effort to deport Mahmoud Khalil “unjust and unconstitutional,” I became aware of the article at City Journal in which conservative legal scholar Ilya Shapiro defends the policy as legal and constitutional. It is clear from the essay that he also believes the policy is appropriate and ethical.
ICE arrested Palestinian activist and former Columbia student Mahmoud Khalil with the intent of deporting him in accordance with the announced Trump policy of deporting non-citizens who engage in pro-“terrorist” speech related to the Israeli-Palestinian conflict. Predictably, the Axis is all-in supporting Khalil, who sure appears to be a bad human hill to die on. Representative Alexandria Ocasio-Cortez condemned ICE’s detainment of Mahmoud Khalil, calling it a “tyrannical” move, “Violating rule of law, actually,” she wrote. That AOC defends him alone makes me inclined to want to get rid of the guy, but that would be irrational. Judge Jesse Furman of the Southern District of New York issued an order today halting Khalil’s processing and scheduled a hearing on the case for later this week. Ah yes, the Southern District of New York!
In a confusing essay at The Volokh Conspiracy, Ilya Somin writes that deporting non-citizens for the content of their speech is a First Amendment violation and “a slippery slope,” then, in the fifth paragraph, acknowledges that 8 U.S.C. § 1182(a)(3), bars “Any alien who … endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or support a terrorist organization.” I’d say endorsing and supporting Hamas qualifies under that law, wouldn’t you? So Somin says, “Such laws, too, should be ruled unconstitutional.” But until and unless it is, the Trump administration has the law on its side.
The question remains, is such a restriction on the free speech of non-citizens ethical? Somin:
“The First Amendment’s protection for freedom of speech, like most constitutional rights, is not limited to US citizens. The text of the First Amendment is worded as a general limitation on government power, not a form of special protection for a particular group of people, such as US citizens or permanent residents. The Supreme Court held as much in a 1945 case, where they ruled that “Freedom of speech and of press is accorded aliens residing in this country.”
This made me laugh out loud, and I have to do a quick post. I heard successive guests and hosts on MSNBC desperately try to give puppet President Joe Biden credit for today’s cease fire and negotiated release of the Hamas hostages, including the Americans. They denied that Donald Trump had anything to do with it. Trump, you may recall, promised that “all Hell would break loose” if the hostages were not released by the time he became President. Inaugeration Day is January 20. The cease-fire deal goes into effect on January 19.
That’s just a coincidence, you see. Sure it is. “Elephant? What elephant?”
Would it really be so difficult for even the worst Trump-phobics to give him credit for what to any non-deranged observer is so clearly the result of his thinly-veiled threat and the belief abroad that, unlike some “red line”- drawing Presidents of the recent past, it is risky to call this one’s bluff?
Apparently it is too difficult. They would rather lie when the lie is obvious and indefensible than show the integrity to admit that the man they hate so much did something that worked. How unprofessional. How petty. How self-indicting. How stupid.
But funny!
To be specific: Sens. Martin Heinrich (D-NM), Mazie Hirono (D-HI), Tim Kaine (D-VA), Angus King (I-ME), Ed Markey (D-MA), Jeff Merkley (D-OR), Bernie Sanders (I-VT), Brian Schatz (D-HI), Tina Smith (D-MN), Elizabeth Warren (D-MA), Peter Welch (D-VT), Dick Durbin (D-IL), Chris Van Hollen (D-MD), Jeanne Shaheen (D-NH), Ben Ray Lujan (D-NM), Rafael Warnock (D-GA) and Chris Murphy (D-CT).
Yikes, what a rogues gallery! This unethical group voted for three resolutions submitted by Sen. Bernie Sanders (I-VT) seeking to block transfers of crucial weaponry to Israel. Their logic is the same as the Hamas-supporting student protestor who harassed Jewish students on campuses across the country, as well as the anti-Semites who dominate the United Nations. let’s listen to the career-long ethics dunce, Senator Durbin. “This war must end,” Durbin said in a statement after the vote. “Israel’s strategy of deadly attacks on and near civilian populations must end as well. The United States should not be sending arms and ammunition that continue to take the lives of innocent people. It is time for real humanitarian aid to reach the Palestinian people. I will stand by Israel, but I will not support the devastation of Gaza and the deaths of thousands of innocent Palestinians.”
Palestinians are no more innocent of the terrorist attacks against Israel than the citizens of Germany and Japan were of the war-mongering of their governments. The war being fought by Israel “must end” when that nation is no longer a target for genocide by Hamas, Hezbollah and Iran. It is astounding that the same party whose President is risking World War III by escalating the Ukrainian conflict is pressuring a loyal ally and a true democracy (the Ukrainian government is still a somewhat shaky republic) to forgo a just and necessary war in the interest of its survival.
No Republicans voted for the resolutions, and even the Biden White House, like a stopped clock, was right this time: “Disapproving arms purchases for Israel at this moment would … put wind in the sails of Iran, Hezbollah, and Hamas at the worst possible moment,” it told the Democratic Senate contingent.
American Antisemitism Sunday continues with one of Steve-O-in NJ’s trademark historical commentaries in response to today’s post, “Ethics Quiz: Georgetown’s Qatar Conference.”
And here it is!
[I also could have justifiably credited Steve with an Ethics Quote of the Week, which you will find below: “[E]thical leaders of any cause owe those they lead a duty to realize when the conflict has become unwinnable and then seek an end to the conflict.”]
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I don’t know about unethical, but it’s surely tone-deaf, in bad taste, and divisive in light of the current situation and in light of what this symposium seems to cover. A discussion about the now almost 80-year-old Arab-Israeli conflict is certainly possible, assuming it were a balanced one. A discussion of terrorism through the last two centuries which would include the difference between political (in support of a political goal) and millennial terrorism (where the violence is the goal), changes in viability with technology, counter-terror tactics and their evolution, and so on could be very interesting. However, this sounds like a pity party for Palestine and a hate-fest for Israel. It’s allowable, just barely, under free speech and academic freedom, as long as it sticks to discussion, although I think it’s going to generate a lot of heat and very little light. If it’s going to be a seeding place for violent demonstrations, forget it.
Truth be told, trying to nail down any kind of ethical framework around terrorism is like trying to staple water to a wall. Some deliberately try to separate the two by saying things like “one man’s terrorist is another man’s freedom fighter.” Frankly that’s the lazy way out, although it IS true that our biases are going to color how we view one cause vs. another cause and what kind of tactics we can justify. Rebellions of one kind or another have been around almost as long as mankind has organized itself into this group vs. that group, and certainly since the days when mankind had empires. The Romans were often able to stymie that by making the conquered peoples into junior partners, but some peoples, like the Jews, the Britons, and so on, wanted no part of that kind of arrangement, and had to be essentially destroyed to the point where organized resistance was no longer viable. In a time when both sides had essentially the same weapons, it was all about numbers. Certain tactics like ambushes and targeted eliminations, proto-terrorism if you will, worked to some degree, but usually couldn’t win. If the rebel side had insufficient numbers or was dispersed to the point where it couldn’t get sufficient numbers together, violent resistance wasn’t viable. Rebels or bandits could give the other side a very hard time (Hereward the Wake, the Knights of St. John at Rhodes), but in the end causes like that were usually either doomed, or only went anywhere when they COULD amass numbers enough to wage something like a real civil war.
The Jerusalem Post reports in part:
[Georgetown University] is hosting a Hamas-affiliated media personality as a keynote speaker at a conference, in addition to other officials from designated terror organizations…..titled “Reimagining Palestine,” [concluding today] in Qatar. One of the main speakers was Wadah Khanfar, a former official at Qatar’s mouthpiece Al Jazeera whose relationship with Hamas has been well-documented throughout the years. Khanfar was named as an early leader of Hamas’s office in Sudan by multiple Arabic-speaking outlets, including the Palestinian Raya Media Network, the Yemen-based Mareb Press, and the British Al-Arab website. Likewise, according to Mohamed Fahmy, a former Al Jazeera English Egypt bureau chief, the Muslim Brotherhood described Khanfar in 2007 as “one of the most prominent leaders in the Hamas office in Sudan.” Khanfar was also reportedly connected to the al-Aqsa Foundation in South Africa, which the US Treasury Department designated “a critical part of Hamas terrorist support infrastructure.” ….Other speakers at the conference included Shawan Jabarin, who is closely affiliated with the Popular Front for the Liberation of Palestine, another designated terror organization, and Issam Younis, who in the past supported Hamas’s oppressive rule in Gaza…
The Washington Free Beacon, the conservative publication, adds (because the mainstream news media doesn’t think this is newsworthy]:
The speakers at the “Reimagining Palestine” event will discuss the “ideological shifts” of Zionism, “art as resistance,” and “anti-colonial struggles,” and will engage in “dialogue that challenges the status quo,” according to the Doha event’s website.
Your Ethics Alarms Ethics Quiz of the Day is….
Is it ethical for an American institution of higher learning to do this in the midst of the Israel-Hamas War?
I hate to pick on well-intentioned commentary from the resident Ethics Alarms Reasonable Cephalopod, but so be it: I can’t let this pass. Several commenters were lining up to defend this bit of circular argle-bargle from Kamala Harris yesterday:
There must be stability and peace in that region, in as much as what we do in our goal is to ensure that Israelis have security, and Palestinians in equal measure have security, have self-determination, and dignity. That there be an ability to have security in the region, for all concerned, in a way that we create stability, and—let us all also recognize—in a way that ensures that Iran is not empowered in this whole scenario in terms of the peace and stability in the region.”
Extradimensional Cephalopod, as always trying to arbitrate, wrote, “Jack, if we separate the statement from the person saying it, the statement itself is fine. It’s a statement of the ideal outcome.”
Yes, it’s come to this.
As a proud Arlingtonian, born and bred in (still) the largest town in America, the home of “Uncle Sam,” and mentioned (as Menotomy, its former name) in “Paul Revere’s Ride,” I am obligated to report this story.
You can’t get more gentrified, liberal, suburban Boston than Middlesex County, which includes such famous locales as Cambridge, Lexington and Concord. But Betar USA, Magen Herut Canada, and Shields of David all say that until all charges are dropped against Scott Hayes, Americans, and especially American Jews and supporters of Israel, should stay away themselves and take their business elsewhere. This is because Hayes, who is not Jewish but who has attended pro-Isreal rallies, was charged with shooting a pro-Hamas activist who charged across the street and attacked Hayes during a pro-Israel demonstration in Newton. (Ah, Newton! My chess club played matches against both Newton high schools, regarded as among the best schools in the county…) A GoFundMe set up to support Hayes has raised nearly $250,000 with more than 3,500 people donating.
Hayes was released on bail after his arraignment on Friday.
Michael Sinensky, Executive Director of Betar USA said, “These are dangerous times in America for those who stand with Israel. When a decorated Iraq War veteran and American citizen is prosecuted for defending himself against an individual who attacked him and openly supports a terrorist organization, it sends a chilling message: Middlesex County is not a safe place for anyone who values liberty, justice, and security.
He continued, “District Attorney Marian Ryan must know and understand this case is much larger than Scott Hayes. This case sends a chilling message to all Americans they cannot protect themselves in Massachusetts if attacked. We urge all Americans to stand with us, refuse to visit, and withhold their spending in all towns in Middlesex county, including Newton, Massachusetts, until this gross miscarriage of justice is corrected….We expect other organizations to join our call to action and will commence an advertising and marketing campaign calling on Americans to avoid visiting until charges against Hayes are dropped.”
Yes, it’s come to this.
Over night, Israel’s largest labor union called for nationwide strike to push for a hostage deal, threatening to shut down “the entire Israeli economy” Tel Aviv’s international airport announced that it would halt departures and arrivals of flights for two hours, and intense protests have broken out in response to Israel’s military recovering the bodies of six hostages killed in Gaza. The protesters say Israeli Prime Minister Benjamin Netanyahu has not done enough to protect the hostages. To be blunt, the protesters are ethics dunces and morons….much like the American students, Democrats, pundits and the Biden administration trying to pressure Israel into a ruinous cease-fire with Hamas.
Ethics Alarms 