Eugene Kontorovich: Obama signs Israel anti-boycott provisions into law, settlements and all
Congress recently passed the Trade Facilitation and Trade Enforcement Act of 2015. The massive trade and customs bill contains, inter alia, provisions designed to oppose boycotts and similar economic warfare against Israel. Yesterday, President Obama signed the bill into law.Eugene Kontorovich: Obama’s conflation and obfuscation about Israeli settlement boycotts
While signing it, he made a statement, objecting to parts of the law that oppose boycotts of Jewish Israeli enterprises in the West Bank and Golan Heights. (The law’s anti-boycott protections apply to “Israel” and “Israeli-controlled territories.”)
The actual effect of the signing statement, however, is nil. It does not in any way limit the reach or finality of the law. Indeed, the statement does not even purport that parts of the law are unconstitutional or unenforceable. Nor could the president easily have done so: Congress in passing the law used core Article I powers that the president cannot unilaterally restrict — in particular, the powers to regulate foreign commerce and the federal courts.
Thus after Obama’s signature, the provisions of the law that apply to Israeli-controlled territory are as much binding legislation as the rest of the bill.
President Obama signed into law this week important measures opposing boycotts of Israel. While signing the law, he complained about its application to “Israeli-controlled territories.” He claimed the provisions were “contrary to longstanding bipartisan United States policy, including with regard to the treatment of settlements.”Oberlin Professor Claims Israel Was Behind 9/11, ISIS, Charlie Hebdo Attack
In a previous post, I explained how the signing statement does not change, or purport to change, the binding legal force of the law. But it is more important as a political statement, and as such it is wrong on the facts. The law does not, as he complained, “conflat[e]” settlements with Israel proper. Indeed, it distinguishes sharply between them. The law speaks of two distinct areas: “Israel” and “Israeli-controlled territories.” That means that those “ territories” are something different from “Israel” — precisely the position of the administration. To be sure, the law opposes boycotts of both areas, but that is not conflating them, any more than opposing terrorism, or the use of foreign armed force, against both areas would be conflating them.
Rather, the law treats Israel and the settlements as distinct. However, in terms of certain foreign commerce issues, it applies the same legislative approach. Obama’s definition of conflation means that Congress is prohibited from enacting the same foreign commerce legislation for these two areas because the president does not like it on policy grounds — an absolutely unheard-of limitation on the foreign commerce power. Indeed, Congress has already given the same customs treatment to both, and otherwise applied identical rules to both, without any complaints about conflation.
The real conflation here is on the part of the White House — and J Street and Peace Now, which provided its talking points. They have conflated opposition to settlements with openness to using boycotts against them.
A professor at Oberlin College, one of the most prestigious institutes of higher education in the country, has written and shared a series of Facebook posts claiming that Jews or Israelis control much of the world and are responsible for the 9/11 and Charlie Hebdo attacks and the rise of ISIS.Anti-Zionist Max Blumenthal jeered at Toronto event
Joy Karega, an assistant professor of Rhetoric and Composition, shared a graphic shortly after the Charlie Hebdo shooting last year of an ISIS terrorist pulling off a mask resembling Israeli Prime Minister Benjamin Netanyahu. The terrorist has a tattoo with a Star of David and the acronym “JSIL” – presumably a Jewish version of ISIL/ISIS. The picture includes graphic text implying that the murder of cartoonists was a “false flag” conspiracy designed to stop French support for Palestinians. In the accompanying status, Karega wrote, “This ain’t even hard. They unleashed Mossad on France and it’s clear why.” The Mossad is Israel’s national intelligence agency.
She wrote the same day that Israeli Prime Minister Benjamin Netanyahu went to the massive free-speech rally in Paris “uninvited and of course he went even when he was asked by Pres. Hollande (France) not to come. Netanyahu wanted to bend Hollande and French governmental officials over one more time in public just in case the message wasn’t received via Massod [sic] and the ‘attacks’ they orchestrated in Paris.” She neglected to mention that Netanayhu was in Paris to honor four Jews who were killed in a terror attack in a kosher supermarket that same week. Karega also wrote in November that ISIS was not really Islamic, but rather “a CIA and Mossad operation, and there’s too much information out here for the general public not to know this.”
A sold-out evening headlined by controversial Jewish anti-Israel activist Max Blumenthal went ahead as scheduled on Wednesday evening in Toronto, despite drawing heavy condemnation from Canada’s organized Jewish community.
He spoke to upwards of 500 guests at an event titled “Embattled Truths: Reporting on Gaza with Max Blumenthal.” It was organized by PEN Canada — a charity which advocates for free expression and other basic rights for writers — and hosted at the Toronto Reference Library in honor of Freedom to Read Week in Canada.
The talk, which featured a question and answer period, was marred by constant heckling and jeering from more than a dozen protestors who attended, most of whom from the far-right Jewish Defense League of Canada.
Blumenthal addressed the controversy surrounding his appearance, saying that pro-Israel groups attempt to make an example of him.