Renowned Scholar Valery Solovei: ‘Our Elite Was Lucky With Obama. He Was A Rather Weak President… Trump Could Apply Very Strong Pressure… And Within A Very Short Time’

Posted February 10, 2017 by danmillerinpanama
Categories: Putin, Putin and Obama, Russia, Russia - Syrian war, Trump and Putin, Trump and Syria

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Renowned Scholar Valery Solovei: ‘Our Elite Was Lucky With Obama. He Was A Rather Weak President… Trump Could Apply Very Strong Pressure… And Within A Very Short Time’, MEMRI, February 10, 2017

The Russian media outlet Fotanka.ru published a long interview by Irina Tumakova on events Russian lawmakers should anticipate in 2017 with one of the most influential and highly quoted intellectuals, Professor Valery Solovei.[1]In the interview, Solovei stated that Russia will witness “the start” of a “very serious political crisis in 2017,” which will last for about three years. He further explained that the political crisis will be characterized by the “growing incapacity of the state power to make decisions”, and implement them. “And at the same time it’s the increase of mass discontent; the society refuses to trust this power. And the refusal gathers strength. I think this process will take two or three years. But it will start in 2017. And the presidential election of 2018 will be an important, maybe even critical, stage of this crisis,” Solovei stated.

According to the Russian intellectual, Russian President Vladimir Putin may for run for the presidency in 2018. However, a constitutional reform would allow Putin to retire from the presidency but retain control. In a previous interview with Russia’s daily newspaper Moskovsky Komsomolets, Solovei reported about a large-scale constitutional reform in the works that will reduce the Russian presidency to implementing primarily ritualistic and representative functions, but will confide real power to the hands of the head of the State Council. “A post that Putin, naturally, will assume,” Solovei added. At the moment, the State Council is a consultative and extra-constitutional organ, this is the reason why a constitutional reform would be needed.[2]

Commenting on U.S.-Russia relations, Solovei said that Moscow can offer Washington to “to untie the Syrian knot”, and to put pressure on North Korea. However, he added that “Americans don’t care about Russia,” since “they are busy with their own problems.” Solovei stressed: “And if they decide that we are their problem, they will exercise pressure. In the meantime, we are trying to pretend that we are not a problem for them.” Solovei also warned that contrary to U.S. former president Barack Obama, who “was a rather weak president in the sphere of foreign policy,” U.S. President Donald Trump could apply “very strong pressure” on the Russian elite, within “a very short time.”

Below are excerpts from the interview with Solovei:[3]

znakcom-709673-890x591-1Valery Solovei (Source: znak.com)

Solovei: ‘The [Russian] Authorities Cannot Offer… The Society Any Positive Prospect, In Any Sphere Of Life’

Q: “What political events of 2016 do you consider important enough to impact 2017?”

Solovei: “Last year was not very rich in political events. One cannot claim that the State Duma election, especially in the way it was conducted and its results, was important or in any way fateful. More memorable are the events of the end of the year. Such as minister [Alexey] Ulyukaev’s arrest[4] or Alexei Navalny’s declaration that he was planning to run for the office of president of the Russian Federation.[5] That’s why I think that when historians evaluate 2016, they will not measure its abundance in events but rather the trends that were formed during this year. First and foremost, it is the start of gradual politicization of the Russian society. It is not clearly seen to the naked eye, but I think that it in 2017 it will already be quite clear.”

Q: “How does this politicization manifest itself?”

Solovei: “Our state interferes in all spheres of life, including private life. It is even interested in who sleeps with whom and in what way. When it starts intruding everywhere, it produces growing resentment. The resentment will sooner or later spread into the area of politics. Because any matter where the authorities interfere becomes a matter of politics by definition.  It is not unique to Russia, but is a worldwide phenomenon: any issue where the powers interfere immediately becomes a political issue. If the authorities interfere everywhere, they are the ones turning any issue into politics.”

Q: “Why do they do that?”

Solovei: “Out of fear. They want to control everything. They think that if they are in total control, there will be fewer unexpected developments. But in this way, they provoke mounting resentment and aggression in people.”

Q: “That is, the opposite effect is achieved?”

Solovei: “Precisely. And some people are even beginning to realize that. Characteristically there are already attempts to call [Culture] Minister [Vladimir] Medinsky to order, to try and avoid politicization of culture. Because we used to have culture. For example, you didn’t want to know anything about politics, it was all esthetically disagreeable to you. Suddenly, you realize you cannot visit an exhibition or go to a concert anymore, because there are some church banner waving, anti-Maidan militia units there. Because minister Medinsky starts telling you how to evaluate certain historical events. And the minister is a state official. And this causes strong resentment.”

Q: “The second half of 2016 was relatively quiet. Putin, in his address to the Federal Assembly was peacefulness itself.[6] Is this a manifestation of the fact that certain things have gotten through to the authorities?”

Solovei: “No, it’s a manifestation of the fact that [first deputy chief of chief of the Presidential Administration, Sergey] Kiriyenko has received an instruction to patch up relations with masters of culture.[7] But the machine has been put in motion. It has strong momentum, you cannot just stop it. What is the easiest job for the law (or lawlessness) enforcement bodies? Catching those who like or repost social network posts. They will register a crime solved, and they don’t even have to sweat for it, it’s enough to join [the Russian social network] VKontakte.”

Q: “Politicization of society is one trend. What are others?”

Solovei: “The authorities cannot offer the people, the society any positive prospect, in any sphere of life. This ‘peacefulness’ you’ve noticed in the presidential address is easily explained: he has nothing to say. Simply nothing about what is actually troubling people.”

Q: “Previously, when those in power had nothing to say, they explained to us that it was all the fault of ‘our Western partners’.”

Solovei: “No, earlier, from 2003 to 2014, Putin had something to say because the economic situation was not bad, despite the crisis of 2008-2009. People had hopes for the future. And they would invent and construct what was missing in their heads. They knew that we were in the upward trend. And as long as we are in the uptrend, those in power may be forgiven many things.”

Q: “But I meant the explanations after 2013.”

Solovei: “Then, for two years, from 2014 to 2015, the authorities kept explaining to us that greatness comes with a price. But the problem is that you can’t feed people with greatness. And this propaganda of greatness stopped being effective long before now – a year ago, at the turn of 2015-2016. And now the president has nothing to say. When will we see the light at the end of the tunnel? He cannot even tell people when the tunnel will end. This creates apprehensions in people – even those who don’t think about it (and those are the majority). People get the feeling that this crisis is here for a long time that the authorities cannot offer any solution. Accordingly, they cannot feed us the stability spiel any longer. What kind of stability is it when life gets worse and worse? Incomes decrease. Two years ago the president said: you need to be patient for two years – and then everything will be OK.”

Solovei: ‘The Official Forecasts Predict 15-20 Years Of Poverty’

Q: “Two years have passed, and the situation is not as dire as it seemed.”

Solovei: “Yes, but the official forecasts predict 15-20 years of poverty.”

Q: “How many of the 86% of the population see these forecasts?”

Solovei: “They don’t have to see them. People feel. Many things that people are unaware of, that they don’t reflect upon, they sense instinctively. And they react by their behavior. Why do people spend less money? Not only because their income has decreased. They have some savings. But they feel instinctively – this crisis is serious. And the state sees this. And it says: so, you don’t want to give your money to us – then we’ll take it from you. We will introduce entry fee into the city, entry fee into courtyards, we will pull the money out of your pockets.”

Q: “This is definitely something people don’t like at all.”

Solovei: “That’s what I’m talking about: the state offers nothing, gives no hope, and wants to take from you. This produces resentment. And it all started to become apparent in 2016.”

Q: “In what way will this discontent and this politicization manifest themselves?”

Solovei: “They are already apparent. For example, the so-called urban activism is on the rise. There are more and more organizations in Moscow that defend the rights of hoodwinked stakeholders and car owners and protest against infill construction. I know that the same is happening in other large cities. This movement is not political in and of itself. It pursues no political goals. It just says: let us live normally, let us have a say in the decisions on issues that are relevant to us. People are just protecting their interests.”

Q: “Has this reached the level where people don’t care what to protest against as long as they can give vent to their frustration?”

Solovei: “No, people are not making a stand against anything. They say: we don’t want this or that because it decreases our income, makes our lives worse, negatively affects the urban environment. They do not make any political demands; they do not say it’s all because of Putin or United Russia. But sooner or later, it will come to that.”

Q: “How can this happen? There are those who understand this, but most people, as I understand from my talks with them, have to have this connection explained to them.”

Solovei: “There’s no need to explain anything! Or to raise political consciousness. People will get to it themselves. They cannot change anything because such is the nature of power. And if such is the nature of power, sooner or later you find yourself faced with a dilemma: either I go on suffering or I make a stand against this power. And there are always 3-4 percent of people who say: we will no longer tolerate this. This is quite enough. You don’t need 86 percent. These figures – 86%, 14% – mean nothing for politics. They matter in voting only, not in mass public politics. Because 86% always sit at home, whereas 14% may actually take to the streets.”

Q: “But the people in power are no fools, they must be aware of this.”

Solovei: “Firstly, let’s not overestimate their intellectual capabilities. The power in Russia, like everyone else, acts on the principle of ‘as long as everything’s quiet – thank God’, the people have swallowed this until now, so they’ll continue to do so, and somehow it will go away. And if it does not – we have law enforcement agencies. But the problem is that there are no law enforcement agencies. It’s all a giant sham.”

Q: “What about the National Guard?”

Solovei: “What about it? There is no National Guard. It was meant to be some sort of elite unit. But as it turned out, it was not elite at all. Moreover, the efficiency of police has decreased abruptly. The National Guard consists of the same former policemen whose lives have become much worse. When they joined the National Guard, they lost some of their income. They are taxpayers, just like everybody else, but the authorities demand more from them, and the people are not very fond of them. Their lives are no picnic. So it all hangs by a thread.”

Q: “What happens if this thread snaps?”

Solovei: “It can still hold on. You know, it’s always like that in Russia: there is nothing temporary that could not be turned into a permanent fixture. A building is about to fall down – let’s reinforce it with piles. There is a crack in the wall – let’s put some wallpaper on it, it’ll hold the wall together.”

Q: “The appointment of Kiriyenko to the post of deputy head of the presidential administration, in charge of domestic policy, is it one of those ‘patches’?”

Solovei: “No, there are other reasons behind it. And not only political ones. Simply put, a certain group wanted to remove Kiriyenko from Rosatom [State Atomic Energy Corporation], take Rosatom under its own control. And Kiriyenko did not want to leave. Nevertheless, Putin trusts him personally and values him highly. Kiriyenko was picked, firstly, for the election campaign, and, secondly, for the constitutional reform. And there are several versions of this constitutional reform that are being prepared under his supervision.”

Q: “What do they want to change in the Constitution?”

Solovei: “To redistribute authority in state government bodies and create new government bodies. The most well-known part of what they discussed is the establishment of the State Council, a competent state authority. It is not the only variant, there are several of them, but it does not mean all of them will be implemented. Or any of them. Because the National Guard experiment has turned out to be most unsuccessful, and this curtails the implementation of the reform. There are preparations for it, to be sure; maybe the preparations are over already. In the same way, the economic reform is being prepared. Putin gave the assignment– and it’s under preparation. First, it was [former Minister of Finance Alexey] Kudrin who was responsible. Now they are speaking about some integrated governmental program, into which Kudrin’s ideas will be incorporated. There are already several versions of reform lying in the basements of the [Russian Prime Minister’s] White House, but it does not mean anything.”

Q: “Political protests, constitutional and economic reforms – how come everything grows, ripens, but does not actually come to fruition?”

Solovei: “It can all go on for quite a long time at a slow pace. And then, one day at an ugly moment and for someone else perhaps a gorgeous moment it can all explode.  A weak spot will reveal itself, and – after all, a chain is only as strong as its weakest link.”

Solovei: ‘I Do Not Rule Out The Possibility That [Putin] Will Not Run [For The Presidency In 2018]’

Q: “Should we fear it in 2017?”

Solovei: “Nobody can tell you that. I believe that we will see the start of a very serious political crisis in 2017. I’d like to emphasize – only its start. The crisis itself will last for about three years.”

Q: “What do you mean by the words ‘political crisis’? What will it look like?”

Solovei: “It is a growing incapacity of the state power to make decisions, and what’s more – to implement them. And at the same time it’s the increase of mass discontent; the society refuses to trust this power. And the refusal gathers strength. I think this process will take two or three years. But it will start in 2017. And the presidential election of 2018 will be an important, maybe even critical, stage of this crisis.”

Q: “Can you already tell who will run for presidency in 2018?”

Solovei: “I can’t even tell whether Putin is going to be a candidate. He is getting ready for the elections, but it has not been finally decided yet.”

Q: “He said recently that he was very tired and that he would like to travel but the president’s job does not let him.”

Solovei: “He said it twice over the past two months, which is not typical of him. So, I do not exclude the possibility that he will not run.”

Q: “I will ask the pet question: if not Putin – who then?”

Solovei: “Dmitry Medvedev. He is the most suitable candidate.”

Q: “And how do you evaluate Navalny’s chances?”

Solovei: “If he can work out the right message to give to the country, he could have a good chance. He has the social networks, the population of large cities that he can win over… I think his chances are underappreciated. If he approaches it in a competent and sensible way, he can challenge Putin. And even defeat him.”

Q: “Medvedev or even Navalny – will Putin simply retire and travel?”

Solovei: “I don’t think so. This is what the constitutional reform is about: to let him retire but retain control. But nothing is decided yet. Any decision in Russia, especially now, is put off till the last moment.”

Q: “What do you mean by the ‘last’ moment?”

Solovei: “When you can no longer delay the decision, you have to make it. That is, you had to make it yesterday, so you’ll make it today. Because you always count on the chance that the circumstances will change for the better. By the way, it was Putin who started it. This hope that fate may throw you a surprise: oil prices will go up, Brexit, Trump will be elected president, etc.”

Q: “How can Trump’s election affect Russia? Watching the news, one gets the impression that his victory in the U.S. is Russia’s new national holiday, as if a new ‘good supervisor’ was appointed instead of evil Obama.”

Solovei: “Such is the Russocentric character of our propaganda; it shows that the entire world revolves around Russia. Everybody thinks only about how to do it harm, all that’s going on should be seen from our point of view. Of course, it is not so. But there is a chance to come to an agreement and weaken the sanctions. There’s a chance – it does not mean everything is settled, but it is possible. With Hillary Clinton it would hardly be possible. But with Trump you can talk, which is good for Russia. Or, more precisely, for its authorities.”

Q: “Why for the authorities?”

Solovei: “Because, firstly, it would relax the grip of the economic vise. Secondly, it would remove the American pressure on the elite – which is what it is really afraid of. By the way, our elite was lucky with Obama. He was a rather weak president in the sphere of foreign policy. Any strong American president, like Ronald Reagan, or even Trump, could apply very strong pressure on our elite – much more powerful than the pressure it is experiencing now. And within a very short time.”

Q: “Maybe, this is what Trump will do? Contrary to all the rejoicing in the Russian press, the team he has formed could not be described as great lovers of Russia.”

Solovei: “That is true. But that depends on whether we can come to an agreement. Americans don’t care about Russia; they are busy with their own problems. And if they decide that we are their problem, they will apply pressure. In the meantime, we are trying to pretend that we are not a problem for them.”

Q: “It is clear what we want from America. But Trump is a businessman. What can we offer in return, in what can we interest him?”

Solovei: “We can’t offer much, but we do have something. We can offer to untie the Syrian knot, we can participate in it together. We can offer to put pressure on North Korea, although here we are not as strong as, say, China.”

Q: “And that’s it?”

Solovei: “I think so, yes.”

Q: “Isn’t it too little to exchange for Crimea and sanctions?”

Solovei: “Nobody in Russia can possibly hope that the Crimea issue will be resolved! And after all, the most serious sanctions were applied against us not because of Crimea, but because of Donbass. Especially since the sanctions can be, in fact, watered down without announcing their removal. Which is what we hope for: that if we reach an agreement on Syria, we will then be able to come to an agreement on sanctions.”

Q: “In the beginning of our conversation you mentioned Ulyukaev’s arrest as an important event of 2016. In what way can it draw attention to itself in 2017?”

Solovei: “Actually, Ulyukaev’s arrest is the third trend what was formed in 2016. Not an event, but a trend. And a very important one: transformation of punitive measures into a mechanism for controlling the economy and politics. This is the meaning of repressive crackdowns: they must be illogical. So that people would be afraid. Imagine: you are under threat, but you don’t understand the logic behind it. Will you be eager to work? You will hardly try very hard if you know that any initiative on your part serve as the basis for launching a criminal investigation.”

Q: “Are they trying very hard now?”

Solovei: “At least they work. But the risk of persecution decreases their efficiency. It gets harder and harder to make decisions and ensure their implementation. That’s why it is yet another trend that will bring about the political crisis.”

Q: “I believe there were conversations similar to ours in early 1916; at that time, Lenin said that there would be no revolution in his generation.”

Solovei: “To be precise, he said it in January 1917. Three weeks before the revolution in Russia started. But no revolution in the world history has ever been predicted. I wrote an entire book about revolution [titled ‘Revolution! The Fundamentals of Revolutionary Struggle in Modern Times’], which is very popular, especially in the State Duma. You can spend an evening telling people that ‘everything is peaceful in Baghdad’ [reference to a popular movie and song], and the next day you’ll find yourself in a revolutionary country.”

_______________________

[1] The conversation was conducted by journalist Irina Tumakova.

[2] See MEMRI Special Dispatch No. 6698, Russian Daily Mk.ru Removed Interview With Renowned Scholar Valery Solovei Predicting That ‘It Is Not Unlikely That [Putin] Will Have To Be Absent From The Public Spotlight For A Few Months’, December 2, 2016.

[3] Fotanka.ru, January 4, 2017.

[4] See MEMRI Special Dispatch No. 6685, Russia This Week – November 13-20, 2016, November 20, 2016.

[5] See MEMRI Special Dispatch No. 6756, Echo Of Moscow Interviews Russia’s Anti-Corruption Crusader Navalny Following His Announcement That He Will Run For President In 2018, January 26, 2017. This week a Russian court in a retrial found Navalny guilty of corruption charges, and the guilty verdict, even it does not involve jail time, will disqualify him from running. Themoscowtimes.com, February 8, 2017.

[6] See MEMRI Special Dispatch No. 6704, Russia This Week – November 27-December 8, 2016, December 8, 2016.

[7] See MEMRI Special Dispatch No. 6698, Russian Daily Mk.ru Removed Interview With Renowned Scholar Valery Solovei Predicting That ‘It Is Not Unlikely That [Putin] Will Have To Be Absent From The Public Spotlight For A Few Months’, December 2, 2016.

A legal analysis of the Ninth Circuit’s dangerous usurpation of presidential power

Posted February 10, 2017 by danmillerinpanama
Categories: "Extreme vetting", "Muslim ban", "Muslim Registry", Executive order, Judicial supremacy, President Trump, Trump and refugees, Trump and U.S. courts, U.S. Constitution

Tags: , , , , , , , ,

A legal analysis of the Ninth Circuit’s dangerous usurpation of presidential power, American Thinker,Ed Straker, February 10, 2017

(I practiced and studied law for more than three decades and find apparently successful attempts to turn Lady Justice into a political whore disheartening.

More diligent study than I have attempted since my retirement in 1996 would be necessary completely to understand a decision like that of the Ninth Circus Circuit. The present article seems brash; perhaps a brash approach is needed, if only as a basis for discussion of the proper, but very different, roles of the three branches of our feral federal government.  Please see also, The Ninth Circuit’s stolen sovereignty should serve as final wakeup call.– DM)

Federal District Judge James Robart violated the Constitution in issuing a TRO (temporary restraining order) against President Trump’s temporary entry ban for citizens of seven countries. Now a three-judge panel of the Ninth Circuit Court of Appeals has affirmed that stay.

What we have here is a creeping constitutional coup. As long as President Obama was in charge and had a massive open door policy at our borders and at our airports, in violation of statutory law, the judiciary was content to be silent. But when Donald Trump became president and tried to use the powers of the Presidency to put some national security safeguards into place, the judiciary sprung into action. The judiciary has usurped the executive branch’s powers and has created a parallel constitution, one that bears no relation to the founding document of our nation. The courts have now cited this parallel constitution to justify taking away the ultimate decision making authority concerning national security from the Presidency, to rest in their hands. The constitutional crisis and injury to our national security caused by this illegitimate decision cannot be overstated.

What follows is an analysis of this travesty and the damage done to our system of jurisprudence and national security.

1) The legal concept of standing has been totally eviscerated. In order to sue one must have “standing,” essentially to show that one is an injured party. The state of Washington, among others, sued claiming that its state-owned universities were harmed because a few students from the affected seven countries could not come to their campuses. The Ninth Circuit (hereinafter “the Court”) found that these grounds gave Washington standing to sue.

As of now, the concept of standing is now meaningless. The idea behind standing was to limit frivolous lawsuits so only people directly injured could sue. The Court’s expansion of standing means that a state can now sue on behalf of anyone, for any reason. This is very important because if anyone can sue on behalf of anyone, the Courts become immensely more powerful. Remember that Courts cannot get involved until someone sues. With standing gone, anyone can sue and the Court can immediately then exercise its power, as was the courts intent in doing away with standing.

2) “Irreparable harm” has been turned upside down. One of the standards the Court used to adjudicate this case was to see if either party would suffer irreparable harm. The Court found the University of Washington would suffer irreparable harm if students from Somalia and Yemen were temporarily delayed from coming to the US. The UW system has tens of thousands of students. The number of students affected here would be a small handful. The Court considers an action that would affect a tiny handful of students in a huge student body as irreparable harm.

On the other hand, the Court does not think the dangers of admitting un-vetted foreign nationals who might be terrorists constitutes and irreparable harm. The Court demanded that the Trump administration prove that there was a terrorist danger from these countries. But the Trump administration is not obligated to prove the terror threat because the Court has no jurisdiction in this area. It would be as if the Court suddenly demanded that Trump get approval for his DHS cabinet pick from an appeals Court, and strike down Trump’s choice because he didn’t submit evidence showing his DHS pick was suitable. This is a mad, naked, power grab. The Court opined:

When the Executive Order was in effect, the States contend that the travel prohibitions harmed the States’ university employees and students, separated families, and stranded the States’ residents abroad. These are substantial injuries and even irreparable harms.

Can you believe this? To consider the inconveniencing of a handful of students as an irreparable harm and the national security of a nation as unimportant shows that this Court is fully in wanton disregard of the law, not to mention common sense.

3) National security policy has been wrested from the presidency and placed in the hands of the judiciary. National Security is traditionally left to the Presidency; indeed, the Court cited cases in support of this.

See, e.g. Cardenas v. United States , 826 F.3d 1164, 1169 (9th Cir. 2016) (recognizing that “the power to expel or exclude aliens [is] a fundamental sovereign attribute exercised by the Government’s political departments largely immune from judicial control” see also Holder v.  Humanitarian Law Project , 561 U.S. 1, 33-34 (2010) (explaining that Courts should defer to the political branches with respect to national security and foreign relations).

But the Court says this deference is not absolute, and when they feel they want to overrule the Executive branch, they can. They even cited cases for that proposition as well:

see Zadvydas v. Davis , 533 U.S. 678, 695 (2001) (emphasizing that the power of the political branches over immigration “is subject to important constitutional limitations”);

Chadha, 462 U.S. at 940-41 (rejecting the argument that Congress has “unreviewable authority over the regulation of aliens,” and affirming that Courts can review “whether Congress has chosen a constitutionally  permissible means of implementing that power”)

See, e.g. Boumediene, 553 U.S. 723 (striking down a federal statute purporting to deprive federal Courts of jurisdiction over habeas petitions filed by non-citizens being held as “enemy combatants” after being captured in Afghanistan or elsewhere and accused of authorizing, planning, committing, or aiding the terrorist attacks perpetrated on September 11, 2001)

These cases are not constitutionally correct. The Constitution does not apply to foreign nationals. The Constitution is an agreement among the American citizenry. No one else. It doesn’t apply to the people of Iraq, or Somali nationals who come here, or Yemenis with an American visa. By citing cases that were unconstitutionally decided, you can see how far back the judicial rot extends — the Courts have built precedent for a shadow constitution, which allows them to grab power from the Executive.

4) The Due Process clause has been expanded to add seven billion people.The Court cites the Due Process clause, which states in part ” No person shall … be deprived of life, liberty, or property, without due process of law”. The problem is that foreign nationals are not legal “persons” under our Constitution. How could they be? How could we ever legally go to war or take action against a foreign country or a foreign group without letting them have their day in court? The implications are truly ridiculous.

The Court writes:

The procedural protections provided by the Fifth Amendment’s Due Process Clause are not limited to citizens. Rather, they “appl[y] to all ‘persons’ within the United States, including aliens,” regardless of “whether their  presence here is lawful, unlawful, temporary, or permanent.

How could that be true? The Constitution applies to aliens? And the Court doesn’t even have the courage to state its ultimate conclusion: that Due Process doesn’t just extend to aliens in America, but even to aliens in other countries who want to come to America. Because that’s what they’ve extended it to.

5) The Court maliciously avoided a narrowly tailored legal remedy. Even if the Court honestly believes its own argument, its relief should be narrowly tailored to the handful of students affected at the University of Washington. Instead, it used this case as a wedge to assert its primacy over national security and to open the entire nation to unrestricted entry.

6) The Court disingenuously employed false religious protection claims. The Court said

The First Amendment prohibits any “law respecting an establishment of religion.” The States’ claims raise serious allegations and present significant constitutional questions.

Again, the Court has no jurisdiction here. The people affected are not Americans. The Trump Administration can exclude Hindus, Muslims, Christians, Women, red haired people, anyone it wants to.  Of course this is not a Muslim ban, but to even play into that argument presumes the Court has the power to rule over this. It doesn’t.

7) False consideration of “public interest.” The Court says that it has to consider “the public interest” in deciding. No it doesn’t. It only has to consider the Constitution.

Aspects of the public interest favor both sides, as evidenced by the massive attention this case has garnered at even the most preliminary stages. On the one hand, the public has a powerful interest in national security and in the ability of an elected president to enact policies. And on the other, the public also has an interest in free flow of travel, in avoiding separation of families, and in freedom from discrimination. We need not characterize the public interest more definitely than this; when considered alongside the hardships discussed above, these competing public interests do not justify a stay [of the TRO]

So the Court weighed free entry to America for foreigners, versus national security for Americans. How to decide? The Court said, for now that free travel for foreigners into America is definitely more in the public interest!

8) Conclusion: the false choices: where do we go from here? Some commentators will say to appeal this to the full Ninth Circuit (this was a three judge panel). Others will say to appeal this case to the Supreme Court. Still others will say to redraft the legislation to better meet the Court’s dictates and current mood swings.

These are all false choices. It is like people coming into your home and telling you that you cannot redecorate it without their permission; submit a proper plan, and perhaps they will approve it. The only way to win this game is not to play.

Yes, President Trump should appeal to the Supreme Court, but with a 4-4 split there (which will continue for months), his victory is far from assured.

More primarily, he should immediately disavow the Court’s authority in this matter and order his officials to reinstate the ban. Trump will be said to be provoking a constitutional crisis, but let us be clear, it is the courts that have provoked this constitutional crisis, and Trump’s entry ban is a relatively mild one. Remember, to secure the country, he is going go to have to do much more than this moderate executive order:

Let’s say that Trump actually wants to have a permanent ban on refugees from Syria or Iraq, for security reasons. A Court could overturn it on the same grounds. Suppose Trump wants to stop all refugees coming to America for a year. A Court could actually force Trump to let 100,000 or more refugees in, if Trump lets them. A Court could stop Trump from doing enhanced vetting, claiming it discriminated against Muslims from ISIS infested countries. A Court also stop Trump’s border wall, claiming it would have a negative effect on a snail or a worm.

That’s why Trump can’t give in on his relatively limited executive order. If he does, he will give the Courts a green light to keep America an open borders country.

If Trump does nothing, merely playing out the process, he may well lose his constitutional power to protect our borders. And while we wait and watch matters go through the courts, every day more and more terrorists could be coming into our country. There is no time to wait.

Netanyahu hopes meeting with Trump will lead to ‘shared vision’

Posted February 10, 2017 by Joseph Wouk
Categories: Uncategorized

Source: Israel Hayom | Netanyahu hopes meeting with Trump will lead to ‘shared vision’

Iranian aggression and the peace process are the two main topics to be discussed by PM Benjamin Netanyahu and President Donald Trump at Feb. 15 meeting • Trump supporters Dr. Miriam and Sheldon Adelson dine at White House at president’s invitation.

Shlomo Cesana and Israel Hayom Staff
Prime Minister Benjamin Netanyahu and U.S. President Donald Trump meet in New York, September 2016Photo credit: Kobi Gideon / GPO

‘I won’t condemn Israel, it’s been through enough’

Posted February 10, 2017 by Joseph Wouk
Categories: Uncategorized

Source: Israel Hayom | ‘I won’t condemn Israel, it’s been through enough’

In exclusive interview with Israel Hayom, U.S. President Donald Trump says he understands and respects Israel greatly • Trump stresses he would like to see peace in the Middle East and beyond, says he looks forward to meeting with PM Netanyahu next week.

Boaz Bismuth
U.S. President Donald Trump and Israel Hayom’s foreign news editor and senior analyst Boaz Bismuth

Will Trump back Israel in the next war?

Posted February 10, 2017 by danmillerinpanama
Categories: Defense of Israel, Hamas, Hezbollah, Iran, Netanyahu, Trump and Israel, Trump presidency

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Will Trump back Israel in the next war? Israel Hay0m, Ruthie Blum, February 10, 2017

Analysts on both sides of the Atlantic Ocean — and of the political spectrum — have been scrutinizing every syllable uttered by members of the new administration in Washington to determine whether U.S. President Donald Trump is as good a friend to the Jewish state as Israeli Prime Minister Benjamin Netanyahu hopes.

So far, four issues have been discussed and debated ad nauseam: U.S. Ambassador to the U.N. Nikki Haley’s pronouncement that her government would not abandon Israel at the world body, as the Obama administration did when it enabled the passage of Security Council Resolution 2234, which deemed all Jewish presence beyond the 1949 Armistice Lines illegal; the nomination of David Friedman — a settlements sympathizer who supports relocating the American Embassy from Tel Aviv to Jerusalem — as U.S. ambassador to Israel; a recent Trump administration warning that Israeli settlement construction could be potentially harmful to peace negotiations toward Palestinian statehood (the “two-state solution”); and the omission of any mention of Jews in the statement issued by the administration on International Holocaust Remembrance Day.

Where the bigger picture is concerned, Israel is observing Team Trump’s behavior toward Iran, telling Tehran that its saber-rattling and ballistic missile tests will incur serious consequences; imposing new sanctions on the mullah-led regime; and openly weighing the designation of the Islamic Revolutionary Guard Corps as a terrorist organization.

But the one question that has not been raised is how the Trump administration will respond when Israel is forced to go to war, yet again, with Hamas in Gaza and/or with Hezbollah in Lebanon.

Middle East experts have been predicting, albeit cautiously, that neither scenario is likely in the near future, due to the internal difficulties each terrorist group is currently experiencing. Hezbollah is deeply entrenched in the Syrian civil war, and has already lost many of its men in the fighting. Hamas is suffering from a loss of income, as a number of European countries begin to reconsider the process of transferring cash earmarked for the rehabilitation of Gaza, which ends up paying for the rebuilding and enhancement of tunnel and rocket infrastructure.

Recent developments indicate, however, that more serious military action — in addition to retaliatory IDF moves following errant or aimed fire on Israel from just beyond its southern and northern borders — may be unavoidable.

This week, a Haifa court ordered the temporary closure of the city’s 12,000-ton ammonia tank, pending further discussion on Sunday. This was after the municipality requested that it be shut down completely, following a report indicating that in any explosion, tens of thousands of people in the area would be killed. And since Hezbollah Secretary General Hassan Nasrallah threatened in February to attack it, residents of the region have been living in fear.

Meanwhile, over the past few days, Hezbollah has been engaging in a crowd-funding campaign on social media hashtagged “Money for jihad is a must,” with a video appeal featuring fighters and clerics asking people to donate to the “resistance.”

Though this is clearly a result of the organization’s dwindling resources, caused by its extended stint in Syria, Nasrallah’s deputy, Naim Qassem, said in an interview with the Lebanese newspaper Al-Binaa that the group’s message to Israel remains the same: “We are willing to pay the price of the conflict. Are you?”

Hamas, too, has been busy threatening Israel online. In a new music video — titled “Zionist, You Will Die in Gaza” — the terrorist organization that reigns supreme in the enclave lodged between Israel and Egypt warns, “A rocket will come to you, Zionist, wherever you live. You will die sleeping, awake or on the mountain. I will make you drink from the glass of death; what a bitter taste.”

It would appear, then, that war is on the horizon.

During Operation Protective Edge, Israel’s battle against Hamas in Gaza in the summer of 2014, then-President Barack Obama said that though the Jewish state had a right to defend itself, it should exercise “restraint.”

In a meeting at his New York office with Jewish journalists during the U.S. presidential primaries, Trump was asked whether he agreed with the statement — made by Democratic hopeful Bernie Sanders to the editorial board of the Daily News — that Israel had used “disproportionate force” in Gaza.

“When missiles are being shot into your country, I don’t know what ‘disproportionate force’ is supposed to mean,” he replied.

It is a matter of when — not if — this attitude in relation to Israel and its enemies is put to the test. So far, Netanyahu, who will be convening with Trump on Wednesday in the White House, has good reason to believe that Obama’s successor will pass it with flying colors.

The bad news… and the good news… – YouTube

Posted February 10, 2017 by Joseph Wouk
Categories: Uncategorized

Here’s the bad news and the good news about minorities in the Middle East.

First the bad news: The Middle East is torn apart by hatred of minorities—Yazidis, Christians, Bahais, Kurds and others.

Now, the good news: In Israel, minorities thrive. Israel has over one million Arab citizens.
They enjoy equality under the law, and we’re working very hard to make sure that they enjoy equality of opportunity.

Here’s what we’ve done:
Over the past decade, the number of Arabs working in high-tech in Israel increased tenfold; Arab students studying at the Technion, Israel’s MIT, tripled; Arab judges nearly doubled; an Arab Supreme Court Justice served as chairman of the Central Election Committee overseeing our national elections; Arab participation in the workforce has grown significantly; Arab unemployment is down; for the first time ever, an Arab has been appointed a deputy commissioner of the police, the second highest rank attainable.

My friends, none of this is accidental.

My government has worked tirelessly to advance equality and opportunity for all.

We’re investing 14 billion shekels—more money than has ever been given to the Arab sector in order to decrease unemployment and improve health, education and safety.

I chose to open this school year at an Arab school in the Galilee.

I encouraged these young vibrant Arab students to achieve all their dreams because, I told them, this is your country too.

Israel is launching a program to teach mandatory Arabic to young Jewish children, and of course, I encourage these young Arab students to learn Hebrew, so they can better integrate into the Israeli economy and Israeli society, take part in the Israeli miracle.

Now, this isn’t exactly the image you get of my government by reading some media outlets, but these are the facts.

Israel isn’t only strong because of our army. Israel is strong because of our spirit, and that includes our tolerance, our diversity, our pluralism.

I hope more states in our troubled region begin to emulate Israel and treat minorities with dignity and respect, the dignity and respect that all human beings deserve.

Just imagine, imagine if the Middle East looked a bit more like Tel Aviv and a bit less like Aleppo.

Uncertain Futures: China, Trump and the Two Koreas

Posted February 10, 2017 by danmillerinpanama
Categories: China, China - North Korea sanctions evasion, China and trade, Kim Jong-un, North Korea sanctions, North Korean missiles, North Korean nukes, Trump agenda

Tags: , , , , , , ,

Uncertain Futures: China, Trump and the Two Koreas, 38 North, , February 9, 2017

(Kim Jong-un may be insane. Or, like his predecessors, he may pretend to be insane to make predictions about his behavior very difficult and often impossible. China’s leaders are not insane, they are merely devious. Dealing with them has been, and will continue to be, very difficult. — DM)

China waving flag on bad day

China waving flag on bad day

At the beginning of the Trump administration, the situation on the Korean peninsula is highly uncertain and potentially volatile. During a late January research trip to Beijing, “uncertainty” and “concerns” were the keywords that best characterized how Chinese scholars and officials are feeling about Trump and the two Koreas. During his presidential campaign, Trump suggested that he would be willing to negotiate with North Korea directly. However, that scenario has become more uncertain in recent months, especially given the hawkish instincts of President Trump and his national security team. Chinese analysts nonetheless expect the US to enlist Beijing’s support on the North Korea issue and are anxiously waiting for Washington to engage so that China can bargain for its preferred outcomes. The prolonged silence from the administration is making Beijing increasingly uncertain and uncomfortable, and complicating its plans to reduce the threat that the United States and its network of alliances in Northeast Asia poses to Chinese security and strategic influence.

Between 2013 and 2016, China tested an alternative alignment strategy on the Korean peninsula. Frustrated with North Korea’s brinkmanship continuously damaging Chinese security interests, President Xi Jinping placed his hope on South Korean President Park Geun-hye to improve China’s strategic position. At the heart of this scheme was an effort to turn South Korea into China’s “pivotal” state in Northeast Asia, thereby undermining the US alliance system in the region and diminishing its threat to China. As a result of Sino-ROK rapprochement, senior-level visits soared, bilateral economic ties strengthened and many South Koreans questioned the utility and future of the US-ROK alliance. In an ideal scenario, China’s new realignment strategy would defeat the US-orchestrated “Northeast Asia NATO” based on America’s alliances with Japan and Korea, and counter the US-Japan alliance with an alignment between China and both Koreas. From the Chinese point of view, this would not only reduce China’s vulnerability vis-à-vis the US, but also lay a firm foundation for Chinese regional predominance.

However, events after the fourth North Korean nuclear test in January 2016 entirely derailed China’s scheme. Overestimating its presumed influence over Seoul, Beijing refused to adequately address South Korea’s legitimate security concerns, which eventually led to Seoul’s decision to deploy the Terminal High Altitude Area Defense (THAAD) system. China sees the THAAD deployment as a threat to strategic stability with the United States and an obstacle to its desired regional blueprint. As such, Chinese policy toward the Korean peninsula has evolved significantly in the last year, reflecting the realization that undermining the US-ROK alliance and turning South Korea into a Chinese strategic asset were both improbable in the near future and raising the prospect that Beijing might not have a choice between the two Koreas after all.

Nonetheless, while China’s ambitious efforts to transform geopolitical alignments on the Korean peninsula did not come to fruition, it still has two other key priorities. First, Beijing has not completely given up its efforts to defeat the THAAD deployment. At a minimum, it hopes that a victory for progressive forces in the upcoming South Korean presidential election, such as the Minjoo Party, could alter Seoul’s deployment plans for the system. While acknowledging that a complete reversal of the deployment decision is unlikely, Beijing hopes that a new South Korean government might delay the initial deployment or reduce the number of deployed units. China sees the propensity of the progressives to engage North Korea, to improve relations with China and to limit the scope of the US-ROK alliance as aligned with its overall strategic agenda. Although China’s ability to sway a South Korean domestic election is limited—for example, by maintaining the implicit sanctions China has imposed on South Korean companies, products and industries for the THAAD deployment—its preference and influence are expected to have an impact.

Second, China hopes to mitigate the impact that any future North Korean intercontinental ballistic missile (ICBM) test might have on its strategic position and influence on the peninsula. The conventional wisdom is that North Korea will not want to conduct the test immediately after Trump’s inauguration, as it will almost certainly block the chance for dialogue with the new US administration and boost the popularity of the conservatives in the South Korean election. However, based on North Korea’s previous pattern of behavior, Chinese experts expect to see provocations in the coming months if Trump chooses to follow Obama’s policy of strategic patience. At the same time, Chinese analysts are inclined to downplay the significance of such an ICBM test, citing the immaturity of North Korea’s long-range missile technology and its likely failure. Still, Beijing will oppose any preemptive strike by the US on the launch site, although it does not fully believe that the US would take such a risky move and jeopardize South Korean security—a fundamental assumption embedded in China’s assessment of the prospects for conflict on the Korean peninsula.

Beijing has always insisted that North Korea’s nuclear development is motivated by Pyongyang’s vulnerability and insecurity, and argued that only the US and North Korea can resolve the stalemate through a peace negotiation. Selfless as it may sound, there is a certain level of hypocrisy in that position. As it has become clear to American officials and experts that strategic patience failed to address the North Korean nuclear threat, there have been more vocal calls to resume US-DPRK dialogue in return for a decision by Pyongyang to suspend its nuclear and missile tests. For China, the danger lies in the unpredictable consequences of such a bilateral negotiation. If the United States and North Korea decide to move ahead with a deal, the improvement of relations between them and the shifting balance of power on the Korean peninsula will diminish what China perceives as its leverage and strategic influence. Therefore, if the Trump administration unilaterally initiates bilateral talks with North Korea, it will be met with suspicion rather than enthusiasm from Beijing.

China’s potential reaction to a North Korean ICBM test all comes down to one question: What does Beijing want? One thing is clear: China wishes to see denuclearization and peace dialogues, but also wants to be an indispensable party in these dialogues to monitor and influence their direction. Beijing believes that the “dual-track” approach (parallel negotiations on denuclearization and a peace treaty) it proposed in 2016 offers the best hopes for achieving its strategic and security goals. Although the Obama administration largely rejected this approach, Beijing sees a new opportunity to try it again with the Trump administration. Trump should understand, however, that China’s position on the Korean peninsula is neither objective nor neutral and that it will view all solutions primarily through the lens of its strategic competition with the United States. As a result, it is important for all the concerned parties to have realistic expectations about a grand bargain with China over North Korea and treat it with extreme caution.

The US-China relationship under Trump is undoubtedly the largest uncertainty in China’s relations with both North and South Korea. If the Trump administration, as appears to be the case, chooses a more confrontational approach towards China, soliciting Beijing’s support and assistance in pressuring North Korea will be exceedingly difficult. A more hawkish stance from the United States will make Beijing instinctively seek more policy leverage, and provocative North Korea behavior that goes unpunished militarily by the United States offers tremendous opportunities for Beijing to be wooed by Americans to rein in Pyongyang. Past experience, including the Cheonan incident, the shelling of Yeonpyeong Island and South Korea’s THAAD deployment, have demonstrated the high level of leniency Beijing will afford Pyongyang when the United States applies greater pressure on China in response to such provocations.

The application of US secondary sanctions on China, which some American officials and experts have discussed, is likely to make China less rather than more cooperative on North Korea. It is unlikely that effective sanctions could be imposed on these entities without poisoning bilateral relations and adversely affecting China’s willingness to cooperate with the US on North Korea. China opposes unilateral sanctions as a general principle, and in particular condemns those that affect Chinese companies or interests. Beijing’s cooperation on the Iran nuclear deal was not incentivized by US sanctions on the Chinese Bank of Kunlun and Zhuhai Zhenrong, but by the opportunities offered for expanding Chinese influence in the Middle East and leveraging its cooperation in overall relations with Washington. In the Chinese view, the North Korea nuclear program, unlike the Iranian case, is much more complicated and sensitive because it directly affects China’s national security, and therefore requires more comprehensive and political solutions.

If the Trump administration’s primary goal is to confront China and thwart Beijing’s regional ambitions, the most effective policy (and the worst nightmare for China) would be a unilateral improvement of relations with North Korea. Whether that is politically possible depends on how far the administration is willing to pursue diplomacy and negotiations to defuse the North Korean threat. On the contrary, pressuring China is unlikely to make it cooperate. Beijing wants a grand bargain over the future of the Korean peninsula conducive to China’s interests. Without a proper endgame to incentivize the Chinese and a policy of dialogue that allows Beijing a key seat at the table, neither pressure nor solicitation will succeed.

U.S. Ill Prepared for Convicted Jihadis Ending Their Prison Sentences

Posted February 9, 2017 by danmillerinpanama
Categories: GITMO, Islamic terrorists, Terrorists being released from prison

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U.S. Ill Prepared for Convicted Jihadis Ending Their Prison Sentences, Investigative Project on Terrorism, Patrick Dunleavy, February 8, 2017

1966

The old adage, “Out of sight, out of mind” does not apply to dealing effectively with the threat of Islamism especially in the case of terrorists who have been captured or incarcerated.

Radical Islamic organizations such as al-Qaida and ISIS never forget their members. To them, going to prison is part of the pathway to paradise. Both groups’ leaders, Ayman al-Zawahri and Abu Bakr al-Baghdadi, spent considerable periods of time locked up. It did nothing to diminish their zeal, but rather, fueled their fervor. Often, as in their cases, what comes out of prison is worse than what went in.

This is further illustrated by the increased number of terrorists released from Guantanamo who rejoin the fight against U.S. military personnel. Almost one in three released prisoners return to the jihadists’ fold. This recidivism can be attributed in part to the admonitions terrorists receive to assist those who are captured or imprisoned. That support may include financial help for their families and for legal fees.

These instructions were found in a training manual discovered in 2000 by law enforcement officers in Manchester, England.

“I take this opportunity to address our prisoners. We have not forgotten you,” al-Zawahiri said in an interview with Al Shabab commemorating the fourth anniversary of the 9/11 attacks. “We are still committed to the debt of your salvation . . . until we shatter your shackles.”

AQAP’s Inspire magazine went so far as to list the names of incarcerated members for all to remember.

They do this because jihadis firmly believe that sooner or later they’ll be reunited with those members.

If that isn’t ominous enough, consider the fact that as many as 100 people convicted of terror-related offenses in U.S. prisons will be set free in less than four years.

And yet, while Islamic terrorist organizations have rapidly changed in their recruitment and tactical methodologies overall, the U.S. has not adapted to countering the evolving threat.

In the United States, the number of terror-related incidents increased exponentially since 9-11. As they did, authorities adapted new ways to investigate. State of the art technologies help collect and analyze data. Fusion centers were created to get the information into the hands of investigators in real time. Counter terrorism, intelligence, and law enforcement agencies joined together to share.

Legislation has changed how the judicial system prosecutes terrorists. “Our criminal law was unprepared for international terrorism. We simply did not have statutes and penalties that fit what terrorists do,” said former federal prosecutor Andrew McCarthy, who led the prosecution against the first World Trade Center bombers and blind sheik Omar Abdel Rahman.

A vigorous debate continues whether to treat terrorists as criminals or as enemy combatants. A reasonable consensus among the military and the judicial branches is building for the use of both designations.

Two significant changes, in policy and practice, toward radical Islamic terrorists remain to be addressed.

Terrorists go into prison much the same way as the burglar, the drug dealer, or the pedophile. They are housed and fed in existing correctional facilities with common criminals. No mandatory rehabilitation or de-radicalization programs exist for convicted Islamic terrorists. And when they are released, there is no specialized supervisory program applied to monitor their employment or whereabouts.

This situation has to change if we are to deal effectively with terrorism. We should establish a registration list for convicted terrorists. This would provide local authorities with the identity of those recently released to their communities. It has been successfully used with sex offenders. It can work if properly applied.

With as many as 500 terrorists now in custody and more to come, the custodial system must also evolve in how it handles jihadists. Security classification must not be downgraded simply because the terrorist has become “jail wise” (exhibited good behavior) like “American Taliban” John Walker Lindh, who will be released from prison in two years.

Special administrative measures – conditions of confinement – which restrict visits, correspondence and other prison privileges assigned to terrorists must continue.

Uniform security standards for imprisoned terrorists should be established in the federal, state, and local correctional facilities. Jose Padilla, the alleged “dirty bomber” who first learned of a radical form of Islam while in a Florida county jail and was originally sentenced to life in prison, is scheduled to be released in eight years. Who will be the parole officers assigned to supervise him and will those officers be afforded any specialized training before that happens?

In some cases, specialized facilities like Guantanamo are necessary in dealing with enemy combatants and other committed jihadists. They are effective. No anecdotal evidence has been presented showing them to be a recruitment tool for ISIS or al Qaida. That is like saying that Alcatraz was responsible for the increase in violent crime.

The number of people arrested in the U.S. for terrorism-related crimes nearly tripled in 2015. That year, FBI Director James Comey testified that more than 200 people traveled overseas from the United States in an attempt to fight alongside ISIS or al-Qaida related groups in the Middle East and North Africa.

In 2016, Comey said his agents still had 1,000 open cases related to ISIS. Within the next few years, he said, there may be a “terrorist diaspora” of ISIS fighters leaving the battlefield of Syria and returning to their home countries, committed to carrying out more terrorist attacks.

We can only hope that the vast majority will be apprehended before they can carry out attacks here in the United States. And when they are, we had better be prepared to effectively deal with them throughout their entire time in the system. Anything less is unacceptable to the citizens of this great country.

Yazidis to Anti-Trumpers: Where Were You During Islamic State Genocide Against Us?

Posted February 9, 2017 by danmillerinpanama
Categories: Christian refugees, Christians, Refugees, Trump and refugees, Yazidi refugees, Yazidis

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Yazidis to Anti-Trumpers: Where Were You During Islamic State Genocide Against Us? Breitbart, Edwin Mora, February 8, 2017

(But, but . . . since the Islamists are doing the persecuting, they should get the first chance to come to America. Giving priority — or even allowing entry —  to those whom they persecute would just make matters worse: they might be persecuted where we can see it, which would cause Islamophobia, a far worse evil than persecution of weird people like Yazidis, Christians and the few remaining Jews. At least that seems to be the logic — if any —  behind the complaints. — DM)  

yazidi-women-reutersrodi-said-640x480REUTERS/Rodi Said

Outrage over President Donald Trump’s executive order prioritizing refugee claims by persecuted religious minorities has puzzled activists from Iraq’s Yazidi community, who note the lack of major protests against the brutal massacre of thousands of Yazidis and Christians by the Islamic State.

Former President Barack Obama’s administration and the United Nations recognized that Yazidis, Christians, and other ethnoreligious minorities in the Middle East have been victims of genocide at the hands of the Islamic State (ISIS/ISIL).

Nevertheless, opponents of the executive order (EO) have lambasted the religious minority exception, denouncing President Trump for giving preferential treatment to persecuted minority groups. The order bars the entry into the United States of visa travelers from seven terrorism-linked countries (Iran, Iraq, Libya, Somalia, Sudan, Syria, Yemen) for at least 90 days and orders the U.S. government to prioritize refugee claims by persecuted religious minorities.

The order, which has sparked protests and outcry across the nation, does not identify religious minority groups by name. However, Michael Short, a White House spokesman, told Breitbart News,“Yazidis would be covered under the EO as they are a persecuted religious minority.”

U.S. District Court Judge James Robart in Seattle has issued a ruling that temporarily blocks Trump’s order, which the Trump administration argues is primarily intended to strengthen U.S. national security.

Breitbart News spoke to several Yazidi activists who expressed support for the executive order and argued that it does not amount to a Muslim ban, as critics argue.

Echoing Iraqi Catholic Archbishop Bashar Warda, Mizra Ismail — a Yazidi activist with the Yazidi Human Rights Organization-International — told Breitbart News, referring to opponents of Trump’s executive order:

My first question for those protesters is: where were they when ISIS was committing genocide against the Yezidis and Christians in Iraq and Syria? ISIS killed and kidnapped thousands of Yezidis, mostly young women, girls and children. The ISIS jihadists also beheaded many Yezidis and Christians openly in the most brutal way and posted their videos on social media.

What were those protesters doing then? I believe when ISIS committed all those crimes against the Yezidis and Christians, those protesters were blind.

Another Yazidi activist expressed support for Trump’s order, saying it is necessary to keep the U.S. safe.

“As a Yezidi, I am supportive of any genuine effort and precaution meant to keep this country safe and prosperous,” Gulie Khalaf from Yezidis International, told Breitbart News. “If a 90-day ban on all refugees, including Yezidis, is what it will take to ensure that this country does not become full of residents who neither care for the values of this society nor its constitution, then let us have the 90-day ban. Hopefully, that time will be spent to figure out who is deserving of the opportunities and the rights this country offers.”

The activist argued that the persecuted minority exception is necessary and does not subject Muslims to “discrimination” as many opponents of the order have claimed.

“It is not breaking laws or going against any kind of values if Trump and his administration decide that endangered groups should be an exception to the ban,” declared Khalaf.

A different Yazidi activist, Haji Hameka, stressed that the executive order is not a Muslim ban but rather an effort to keep America safe.

“It is not a ban against bringing Muslim refugees to the United States. It is a security check to avoid the entry of terrorists from groups such as al-Qaeda, and ISIS,” he told Breitbart News.

“Trump is a real American Patriot who is putting America and Americans first,” noted the activist. “He has to protect, support, and save the United States. He was elected by Americans to put America first.”

Trump’s measure dictates that once refugee admissions resume after a 120-day suspension aimed at improving the vetting process, the U.S. government, “to the extent permitted by law,” is expected to “prioritize claims made by individuals on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individual’s country of nationality.”

In other words, persecuted minorities in Iraq in Syria, such as the Christians and Yazidis, may go to the front of the line after the refugee program suspension is over.

During the 120-day suspension, the Secretaries of the State and Homeland Security have the discretion “on a case-by-case basis” to allow the entry of members of persecuted religious minority groups.

“Identifying specific countries with Muslim majorities and carving out exceptions for minority religions flies in the face of the constitutional principle that bans the government from either favoring or discriminating against particular religions,” argued American Civil Liberties Union Executive Director Anthony Romero in a statement.

The Trump administration and Republican lawmakers, including House Speaker Paul Ryan (R-WI), have defended the religious minority exception.

Meanwhile, Democrats like Sen. Diane Feinstein from California have denounced the directive, arguing that granting priority to persecuted minorities is unfair to Muslims.

The Islamic Jihad and Peace with Jews

Posted February 9, 2017 by danmillerinpanama
Categories: Islam and Israel, Islam and Jews, Israel, Israel - Jewish state, Israel and "normalization", Israeli "occupied" territories, Palestinian incitement, Palestinians, Palestinians and Islam, Palestinians and Jews, Two state solution

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The Islamic Jihad and Peace with Jews, Gatestone Institute, Bassam Tawil, February 9, 2017

(“Normalization?” In what way is the present situation abnormal? The dispute has been festering for centuries. — DM)

On the face of it, the anti-normalization campaign appears driven by political motivations. However, it turns out that there is also a powerful Islamic angle to this campaign of hate, which is aimed at delegitimizing Israel and demonizing Jews.

The Palestinian anti-normalization “enforcers” do their utmost to conceal the Islamic aspect of their campaign. They are not eager for the world to know that Islam supplies much of the ideology and justification for their anti-Israel activities.

Fatwas (Islamic religious decrees) and statements issued by leading Muslim scholars and clerics have long warned Muslims against normalization with the “Zionist entity.” Such normalization, they have made it clear, is considered an “unforgivable crime.” The authors of these hate messages are not opposed to normalization with Israel because of settlements or house demolitions, but rather because they believe Jews have no rights at all to any of the land.

In 1989, more than 60 eminent Muslim scholars from 18 countries ruled that it was forbidden for Muslims to give up any part of Palestine.

The vicious campaigns to boycott Israel and Jews, while political in dress, are in fact deeply rooted in Islamic ideology.

These campaigns are patently not a legitimate protest. They are not even part of an effort to boycott Israeli products or politicians and academics. The real goal of the campaigns is revealed in the words of the Muslim leaders: that Jews have no rights whatsoever to the land, and must be targeted through jihad as infidels and enemies of all Muslims and Arabs

Settlements, checkpoints and fences are irrelevant; Muslim scholars want Jews off what they define as sacred Muslim land. Supporters of BDS and the anti-normalization movement would do well to consider this fact. Failing to do so is tantamount to aiding and abetting Muslims to destroy Israel, and kill as many Jews as possible in the process.

Muslim scholars have feverishly citing chapter and verse from the Quran and the hadith, the words of the Prophet Mohammed, in their efforts to encourage Arabs and Muslims to avoid normalization with Jews.

The Quran and hadith have also been leveraged to promote boycotts against Israel and Jews — thereby refuting claims by anti-Israel activists that their campaigns are just about politics.

Palestinians have long maintained that their campaign to ban normalization with Israel is mainly directed against the Israeli “occupation” of the West Bank, Gaza Strip and East Jerusalem. The Palestinian anti-normalization movement, which continues to target Israeli and Palestinian peace activists who hold — horrors! — public meetings, has in recent years gained momentum, largely thanks to the ongoing anti-Israel campaign of incitement and indoctrination in the Palestinian media and mosques.

In recent years, Palestinian anti-normalization activists have managed to foil several meetings between Israelis and Palestinians, under the pretext that such encounters cause damage to the Palestinians. The activists justify their disruption by citing what they see as Israeli practices against Palestinians, and violently object to any meetings with Israelis, including those who wholeheartedly support the Palestinians and oppose the policies of the Israeli government.

The most recent incident occurred at the Ambassador Hotel in East Jerusalem, where Israeli and Palestinian activists gathered to talk about peace and coexistence. Shortly after the meeting began, a number of anti-normalization activists stormed the conference hall to protest the meeting.

“Meeting with Zionists is an act of treason,” one of the protesters shouted. “There are no solutions. Palestinian must be freed, from the (Jordan) River to the (Mediterranean) Sea. Shame on you!”

The protesters claimed that they were opposed to the meeting because Israel was “demolishing Arab houses and killing Palestinians.”

1069-1Palestinian “anti-normalization” activists disrupt an unofficial Israeli-Palestinian peace conference Jerusalem’s Ambassador Hotel, in 2104.

Hind Khoury, a Christian woman who has previously served as Palestinian Authority ambassador to France, received the brunt of their anger. Khoury’s attempts to persuade the protesters that the meeting was not about normalization, but about achieving a just and comprehensive peace, fell on deaf ears. Ironically, it was the intervention of the Israeli Police that allowed Israeli and Palestinian activists to proceed with their conference.

Such scenes have become commonplace at the East Jerusalem hotel, a preferred site for unofficial peace conferences organized by Israelis and Palestinians. Anti-normalization activists raid the conference hall several times a year in their attempts to disrupt such gatherings.

The anti-normalization activists have also been vocal in Ramallah and other Palestinian cities. The Palestinian newspaper Al Quds, which recently published an interview with Israeli Defense Minister Avigdor Lieberman, has also come under attack. For these Palestinians, conducting an interview with an Israeli government official is engaging in “media normalization.”

“The newspaper must apologize to the Palestinians,” the protesters demanded.

On the face of it, the anti-normalization campaign appears driven by political motivations. However, it turns out that there is also a powerful Islamic angle to this campaign of hate, which is aimed at delegitimizing Israel and demonizing Jews. The Palestinian anti-normalization “enforcers” do their utmost to conceal the Islamic aspect of their campaign. They are not eager for the world to know that Islam supplies much of the ideology and justification for their anti-Israel activities.

Fatwas (Islamic religious decrees) and statements issued by leading Muslim scholars and clerics have long warned Muslims against normalization with the “Zionist entity.” Such normalization, they have made it clear, is considered an “unforgivable crime.”

The authors of these hate messages are not opposed to normalization with Israel because of settlements or house demolitions, but rather because they believe Jews have no rights at all to any of the land.

“Normalization with the Zionist enemy means turning the presence of Jews in Palestine to something normal,” explained one scholar, Adnan Adwan. “Normalization means accepting the right of the Zionist entity to Arab lands and Palestine.”

In response to an inquiry from Palestinians about the perspective of Islam regarding peace and normalization with Jews, a group of leading Muslim scholars issued a fatwa stating that this was completely haram (forbidden). They even went farther by ruling that any form of peace with Jews was also haram, despite the fact that Prophet Mohammed signed a treaty, known as the Constitution of Medina, with Jews and other non-Muslims shortly after his arrival at Medina from Mecca in 622 CE.

In their fatwa, the Muslim scholars wrote: “It is true that Prophet Mohammed signed a treaty with the infidels, including the Quraysh tribe and the Jews, but he did not make concessions that are contrary to Islam.” They pointed out that Prophet Mohammed did not strike the deal with the infidels in order to allow them to stay in their homes permanently. Nor did the prophet promise to abandon jihad (holy war) as a result of this treaty, they added in their fatwa. “There is no evidence whatsoever that the Prophet or any of his successors had made peace with infidels controlling Islamic lands,” the fatwa clarified.

To support their argument, the scholars quote verses from the Quran which — they maintain — prohibit Muslims from making peace or ever placing their confidence in Jews. One verse which they claim refers to Jews is taken from Surah Al-Anfal (The Spoils of War): “And if they intend to deceive you, then verily, Allah is All-Sufficient for you. He it is Who has supported you with His Help and with the believers.” (62) According to the fatwa, this verse from the Quran refers specifically to Jews.

The scholars continue with another verse from the same Surah Al-Anfal to explain why Muslims must continue to fight against Jews:

“O Prophet (Mohammed)! Urge the believers to fight. If there are twenty steadfast persons amongst you, they will overcome a two hundred, and if there be a hundred steadfast persons they will overcome a thousand of those who disbelieve, because they (the disbelievers) are people who do not understand.” (65)

Yet a further verse from the Quran is then cited to substantiate their ideology of war against the Jews — verse 7 from Surah At-Taubah (The Repentance):

“How can there be a covenant with Allah and with His Messenger for the Mushrikin (polytheists, idolaters, pagans, disbelievers in the Oneness of Allah) expect those with whom you made a covenant near Al-Masjid al-Haram (at Makkah)? So long, as they are true to you, stand you true to them. Verily, Allah loves Al-Muttaqun (the pious).”

According to the fatwa, the “treacherous” Jews have since failed to “repent” (presumably, convert to Islam) and that is why it is forbidden to make peace with them.

The Muslim scholars also point to several fatwas prohibiting peace and normalization with Jews issued in the past century. The ban dates back to 1935, when a group of Muslim scholars and clerics ruled during a conference in Jerusalem that it was forbidden for Muslims to sell Arab-owned lands to Jews. A year later, scholars from Egypt’s Al-Azhar University, one of the first Islamic universities in the Arab world, ruled that it was the duty of all Muslims to engage in jihad “to salvage Palestine.” In 1989, more than 60 eminent Muslim scholars from 18 countries ruled that it was forbidden for Muslims to give up any part of Palestine.

Other Muslim scholars have referred to another verse in the Quran to justify banning normalization with Jews. In Surah Al-Mumtahinah (The Woman to be examined), verse 1 states: “O you who believe! Take not My enemies and your enemies as friends, showing affection towards them, while they have disbelieved in what has come to you of the truth.” They also quote the following hadith (a saying attributed to Prophet Mohammed) to support their claim against making peace with Jews: “Those who side with the unjust to assist them in their injustice, while knowing that they are unjust, walk out of Islam.”

The vicious campaigns to boycott Israel and Jews, while political in dress, are in fact deeply rooted in Islamic ideology.

The anti-normalization activists and those promoting boycotts, divestment and sanctions (BDS) against Israel perceive Jews as the enemies of Allah and Prophet Mohammed. These campaigns are patently not a legitimate protest. They are not even part of an effort to boycott Israeli products or politicians and academics. The real goal of the campaigns is revealed in the words of the Muslim leaders: that Jews have no rights whatsoever to the land, and must be targeted through jihad as infidels and enemies of all Muslims and Arabs.

Muslim scholars have left no room for doubt about their view of the true nature of the Israeli-Palestinian conflict. Settlements and checkpoints and fences are irrelevant; Muslim scholars want Jews off what they define as sacred Muslim land. BDS and anti-normalization movement supporters might do well to consider this fact. Failing to do so is tantamount to aiding and abetting Muslims to destroy Israel, and kill as many Jews as possible in the process.