Israel Matzav

Will Obama enforce the law against Rashid Khalidi?

Shavua tov, a good week to everyone.

Andy McCarthy lays out the legal case for prosecuting Columbia Professor and Obama buddy Rashid Khalidi in the event that, as he announced this week, Khalidi organizes a ship to attempt to bust the Gaza blockade in September. One of the statutes McCarthy suggests using is one I have discussed several times on this blog (principally in connection with Jimmy Carter's diplomatic freelancing): The Logan Act.

For example, Section 962 makes it a crime to furnish or fit out a vessel in the service of any foreign entity “to cruise, or commit hostilities” against a nation with which the U.S. is at peace. Israel is an American ally and the planned voyage is intended for the benefit of Hamas-controlled Gaza. Challenging a blockade — regardless of whether one thinks the blockade complies with the shifting sands of international law — is a hostile act. The boat needn’t embark in order for Khalidi to violate the law; it is a crime to conspire or attempt such a voyage. That is, the law is being violated now.

So, very likely, is the Logan Act, Section 953 of the penal code. This prohibits American citizens (Khalidi was born in New York City) from carrying on “any correspondence or intercourse” with any foreign government with the intent to influence the “measures or conduct of any foreign government” regarding “disputes or controversies with the United States,” or to “defeat the measures of the United States.”

It would require Justice Department investigation to determine exactly what communications Khalidi and his friends have had with Hamas and the Palestinian Authority. Yet, given Khalidi’s history of close relations with Yasser Arafat and his successors, as well as the clamor by Islamists and leftists to include Hamas in what Turkey eerily calls the “final solution” to the Israeli-Palestinian conflict, there has undoubtedly been significant contact between Palestinian officials and Audacity of Hope planners. Beyond that, it could not be plainer that the planners are seeking to influence the behavior of both Israel and Hamas. Moreover, it cannot be gainsaid that the United States is enmeshed in the controversy over the blockade; indeed, Khalidi and his confederates expressly allege that the blockade is “U.S.-backed.” And wholly apart from the blockade, the planned stunt will strengthen the hand of Hamas and make Israel’s defense more uncertain. Since it is American policy to weaken Hamas and protect Israel, the flotilla aims to defeat measures of the United States.

Finally, the Gaza voyage would manifestly benefit Hamas. Its specific purpose is to eradicate a national-defense measure by which Israel secures itself from the terrorist organization’s attacks. It would make supplying Hamas with money, weaponry, and other assets far easier. The Islamists and leftists behind the flotilla know this only too well — they refuse to acknowledge that Palestinian brutality against Israel (particularly, against the Israeli government) is “terrorism,” portraying it instead as legitimate “resistance” against an illegitimate occupying power. For them, facilitating this sort of aid would be a welcome result.

Will Obama go after Khalidi and some of his other friends who are involved in this project (Medea Benjamin of Code Pink and former Black Panther Angela Davis among others)? Or will he welch on his commitment to Israel? One thing is for certain: If Khalidi and friends keep pushing this, we may find out once and for all where Obama stands. And that would not be a bad thing, especially before November's elections.

Read the whole thing.

posted by Carl in Jerusalem @ 9:49 PM