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April 2016

Palestinians Appeal U.S. Court Ruling Over American Victims of Terrorist Attacks Palestinian Authority, PLO say an American court shouldn’t have considered families’ lawsuit By Nicole Hong

The American families who were victims of terrorist attacks in Israel in the early 2000s should not have been allowed to bring a lawsuit in the U.S. against the Palestinian Authority and Palestine Liberation Organization, lawyers for the Palestinian groups told an appeals court Tuesday.

The Palestinian groups’ lawyers are appealing a multimillion-dollar award won by 10 families in Manhattan federal court early last year. After a seven-week trial, jurors found the PLO and Palestinian Authority liable for supporting six terrorist attacks in Israel between 2002 and 2004 and ordered the groups to pay the families $218.5 million, an amount that was automatically tripled to $655.5 million under a U.S. antiterrorism law.

Tuesday’s appeal in the Second U.S. Circuit Court of Appeals in Manhattan focused on whether the families’ lawsuit, which was filed in 2004, should have been allowed to proceed in the U.S.

Mitchell Berger, a partner at Squire Patton Boggs who is representing the Palestinian groups, said the U.S. doesn’t have jurisdiction in this case, arguing that although the attacks overseas killed and injured Americans, they were directed at Israel, not the U.S. He said the Palestinian groups weren’t waging a “global terror campaign against the U.S.”

The families brought the lawsuit under the Anti-Terrorism Act, which allows American citizens who are victims of terrorist attacks overseas to sue in U.S. federal court.

U.S. Circuit Judge Christopher Droney asked Mr. Berger: “How is the [Anti-Terrorism Act] ever enforced…when your only option here is to go to Ramallah?”

Mr. Berger responded that victims could sue in the U.S. if they can show “specific jurisdiction” exists, meaning the overseas attack was expressly aimed at the U.S., which he said wasn’t the case here. The attacks at issue included suicide bombings and other attacks in Jerusalem, which left 33 dead and more than 400 injured.

“The brunt of the injury has to be committed against the United States,” Mr. Berger said.

Kent Yalowitz, a partner at Arnold & Porter LLP who is representing the victims and their families, said there was “extensive evidence” that the intent of the attacks was to intimidate the U.S. government and influence U.S. policy, pointing to Palestinian propaganda around the attacks that said “a divine blow will be dealt soon to the U.S. and Israel.” CONTINUE AT SITE

History of a Climate Con Al Gore had a revelation: Energy taxes would be a loser for Obama.By Holman W. Jenkins, Jr.

How’s this for an irony? As state attorneys general gin up a fake securities-fraud case against oil companies over climate change, starting with Exxon Mobil Corp. , the Securities and Exchange Commission has launched a real securities-fraud investigation of the nation’s biggest solar power company.

SunEdison ’s sin: allegedly exaggerating its amount of cash on hand to resist an impending bankruptcy.

A little history is in order to appreciate the cynical nadir of climate politics in the U.S. You wouldn’t know it from media coverage, but the closest the U.S. Congress came to passing a serious (if still ineffectual) cap-and-trade program was during the George W. Bush administration in early 2007. Then, within days of Barack Obama’s election in 2008, Al Gore announced a revelation: the “climate crisis” no longer required such unpleasant, de facto energy taxes. The problem could be solved with painless handouts to green entrepreneurs.

Hooray! Everybody loves a handout. The activist duo Michael Shellenberger and Ted Nordhaus noted that the shift in Mr. Gore’s thinking was “highly significant.” “He knows that cap-and-trade, and most any new regulation, would raise energy prices—a political nonstarter during a recession.”

A proposed oil tax swiftly disappeared from the Obama transition website. With control of all three branches of government in hand, the imminent climate threat to humanity suddenly appeared not so urgent after all—passing a “signature” health-care law did.

Democrats, it turned out, were in favor of climate root canal only when Republicans were in charge.

OK, this is old hat, but what should be striking is how thoroughly the climate lobby has played along. Its main function today has become stringing up apostates as a distraction from Democratic unwillingness to propose policies costly enough that they would actually influence the rate of increase of atmospheric greenhouse gases.

Take the Exxon prosecution, promoted by the attorneys general of New York and California and a host of their Democratic brethren. Though the case is never meant to be adjudicated in a courtroom, suppose it were and suppose a jury somehow found for the plaintiffs. How would Exxon pay a securities-fraud judgment? By selling oil and gas.

Attacking Exxon is not climate policy making; it’s a distraction. Its purpose is to foster an atmosphere conducive to the Gore-Obama green pork-barrel strategy. CONTINUE AT SITE

Making a Bad Iran Deal Worse By Lawrence J. Haas

We’re witnessing a strange spectacle in U.S. foreign policy, one with no obvious precedent: President Barack Obama is trying desperately to protect his cherished nuclear deal with Iran, making one concession after another in response to Iran’s post-deal demands to ensure that Tehran doesn’t walk away from it.

Thus despite the terms to which U.S.-led global negotiators and Iran supposedly agreed in July, the deal is less a firm agreement than a continuing drama with one storyline: Tehran demands a concession, the administration proposes a response, Iran-watchers in Congress and elsewhere voice concerns and U.S. officials offer a middle ground to satisfy Tehran without igniting a revolt in Washington.

But the concessions – the most recent of which involve Iran’s ballistic missiles program and its access to the U.S. financial system – are not just rewriting the previous consensus among government officials, diplomats, nuclear experts and Iran-watchers in the United States, Europe and the Middle East over how the deal would work. They’re also serving to expand Iran’s military capability, strengthen its economy and leave U.S. allies in the region feeling more abandoned.

Obama Foreign Policy Under Fire from His Former Defense Secretaries:Roger Aronoff

President Obama has been boasting of his foreign policy prowess, in part by criticizing other world leaders. Bret Stephens of The Wall Street Journal cited [1] Jeffrey Goldberg’s recent article in The Atlantic based on his interview with the President, in which Obama aimed criticism at Prime Minister David Cameron of England and former French President Nicolas Sarkozy, among others:

David Cameron comes in for a scolding on U.K. military spending, as well as for getting ‘distracted’ on Libya. Nicolas Sarkozy, the former and possibly future president of France, is dismissed by Mr. Obama as a posturing braggart.

But according to several officials who served in high level national security positions under President Obama, it is the President himself who has made some major blunders and bad decisions that have damaged our national security and weakened our leadership position in the world.

The Fox News Channel recently aired a special on the state of the military and the challenges it has recently faced titled “Rising Threats-Shrinking Military [2].” It has received almost no coverage from the mainstream media, despite the fact that numerous former Obama administration officials used this opportunity to lambast the President’s policies toward Libya, Egypt, Syria, Iraq and more. Their criticisms span the entire length of President Obama’s two terms in office. Perhaps it is the very fact that these people are speaking out against President Obama’s flawed leadership as commander-in-chief that has led to an almost complete media blackout. And it raises the question, why didn’t they speak out much sooner, when it might have made a difference?

“According to the report, [former Defense Secretary Robert] Gates was told to cut hundreds of billions of dollars from the defense budget after already having slashed it,” reports [3] The Hill. “I guess I’d have to say I felt double-crossed,” Gates told Fox News. “After all those years in Washington, I was naïve.”

US News & World Report also briefly highlights [4] how Gates claims that Obama chose to push for Egypt’s leader Hosni Mubarak to leave despite the advice of his national security team.

“Literally the entire national security team recommended, unanimously, handling Mubarak differently than we did,” said Gates. “And the President took the advice of three junior backbenchers, in terms of how to treat Mubarak-one of them saying, ‘Mr. President, you gotta be on the right side of history.'”

As we have repeatedly reported, both Obama and the press regularly try to bolster President Obama’s legacy at the expense of the truth. The truth is that President Obama’s signature legacies, such as his deals with Iran and Cuba, involved reaching out to totalitarian regimes, and making deals that were terrible for the U.S., but great for Cuba [5] and Iran [6].

Kerry’s Hiroshima lesson by Ruthie Blum

On Monday, U.S. Secretary of State John Kerry and his counterparts from Britain, Canada, France, Germany and Italy went to Japan to pay homage to the victims of the Aug. 6, 1945 nuclear bombings of Hiroshima and Nagasaki in the last days of World War II.

They did this by touring the Hiroshima Peace Memorial and Museum, which displays the horrors suffered by the Japanese people who had been blitzed by the United States. It is estimated that 100,000 to 200,000 people were killed in those bombings, whose justification is being debated to this day.

“Everyone in the world should see and feel the power of this memorial,” Kerry wrote in a guest book at the museum. “It is a stark, harsh, compelling reminder not only of our obligation to end the threat of nuclear weapons, but to rededicate all our effort to avoid war itself.”

That Kerry used the death and destruction depicted in the museum to tout the nuclear deal he had just spent years begging Iran to sign is completely in character — his own and that of the Obama administration he represents. That while he was at it he threw in a good word for pacifism is also not surprising.

The trouble is that his conclusions are always based on false premises and an obfuscation of the facts. Chief among these is his lying about the Iran deal, to the point that Congress is about to launch an investigation into whether the Obama administration purposefully hid or distorted crucial information about it. Legislators on Capitol Hill were already familiar with the overt capitulation on the part of the White House and State Department to the powers in Tehran.

In any case, what is becoming clear to all who didn’t see it before is that the one thing the Joint Comprehensive Plan of Action did not accomplish was preventing Iran from acquiring nuclear weapons. It certainly did not contribute to eradicating war. On the contrary.

Which is why it takes true gall for Kerry of all people to hold up the history of Japan as a cautionary tale.

“Interest Rates – ‘The Great Game’” Sydney Williams

I am not an economist, but it is clear that the path we are on leads to an unhappy place. It is determined by wishes and hopes, not reality and facts. I write about debt. And I write about interest rates that are set by government, not determined in the marketplace. Price fixing, whether by consortiums, monopolies or government and whether for goods, services, wages or money, is generally not wise. Hidden behind Islamic terrorists, the interminable presidential nominating process, corruption, and the hypocrisy of political correctness looms a debt crisis that has been abetted by artificially low interest rates. Approximately eight trillion dollars has been added to our national debt since the financial crisis and the “great recession” ended almost seven years ago.

To put what has happened in perspective: In 2000, U.S. Federal debt was $5.7 trillion. The Ten-year government bond yielded 6.6 percent. That debt and those rates supported a GDP of $10.3 trillion. At the end of 2015, U.S. Federal debt was $18.2 trillion; the Ten-year yielded 2.1%, while GDP was $17.9 trillion. In other words, while GDP expanded at a compounded annual rate of 3.8%, Federal debt grew at 8%, more than double that of economic growth. Despite debt tripling in those fifteen years, federal interest expenses remained about the same – thanks to a compliant (and not so independent) Federal Reserve. Shortly after his inauguration, President Obama caustically noted: “I found this national debt doubled, wrapped in a big bow, waiting for me as I stepped into the Oval Office.” Mr. Obama has returned the favor with interest, pardoning the pun. Since 2009, GDP growth has slowed further, while Federal debt has persisted, increasing at double the rate of economic growth. The situation is untenable. If deficits are not reduced and interest rates not allowed to rise during recoveries, what happens when the next recession hits?

The problem is not limited to the Federal government. State and local municipalities, with tax receipts down, demands on resources up and interest rates low, have increased debt. Making things worse are structural problems within states: Infrastructure is crumbling. Entitlements are ballooning, with the gap between benefits promised and assets on hand nearing a trillion dollars, according to Pew Research. (The Cato Institute puts the federal government’s unfunded liabilities related to Social Security, Medicare and Medicaid at $70 trillion.) Corporate debt exceeds $29 trillion, with leverage at a 12-year high. Because of myriad government hindrances, corporate debt has not been used for investment, but for stock-buybacks, dividends and mergers. Consumer debt, at $12.12 trillion, is approaching the levels of 2008, despite mortgage debt being more than a trillion dollars below where it was at that time. Since the federal government took over student loan programs in 2009, student debt has increased from $700 billion to $1.2 trillion, with 43% of debt holders currently in arrears or in default. What will happen to local governments, businesses and individuals when interest rates rise, as is inevitable?

‘Islamophobia’ Is Still Not the Problem: In Kansas, Another Case Study By Andrew C. McCarthy

In March, the Islamic Society of Wichita rescinded an invitation to Monzer Taleb, a longtime sympathizer of Hamas, the Palestinian branch of the Muslim Brotherhood and a formally designated terrorist organization under American law. Taleb was to speak at a fundraiser, but the Islamic Society canceled his appearance when community members protested and Representative Mike Pompeo (R., Kan.) publicly raised questions about the matter. The Wichita Eagle covered the controversy. In my opinion, the paper’s reporting stressed the allegations of “Islamophobia” posited by Islamist sympathizers in reaction to the protests. The paper also focused on what it described as “a trend by anti-government militias of targeting Muslims.” The impropriety of a prominent Islamic organization’s decision to give a platform to an apologist for a terrorist organization seemed of, at best, secondary importance. Consequently, last Thursday (April 7), I submitted a proposed op-ed to the Wichita Eagle. This weekend, a member of the paper’s editorial board informed me that the paper believed it had adequately covered the matter and therefore had decided to decline my op-ed. I have reproduced it, below.

As a federal prosecutor in 1993, when I led the investigation and trial of a jihadist cell that had bombed the World Trade Center and plotted an even more ambitious attack on New York City landmarks, the first Muslims I encountered were not terrorists. They were anti-terrorists: patriots who embraced America and Western liberty. They helped us infiltrate the cell, thwart the jihadist plots (including the planned attacks in Manhattan), and convict the terrorists.

There was a valuable lesson in this. Radical Islam poses a serious threat to America and the West, very much including a threat against American Muslims, our fellow citizens who reject radical Islam’s authoritarianism and savagery. While terrorists and their atrocities grab the headlines, much of the real battle takes place in Muslim communities. A key to winning that battle and protecting our security involves distinguishing our radical Islamic enemies from our patriotic Muslim allies.

The Muslim Brotherhood and its Palestinian branch, Hamas, which is a terrorist organization and has been formally recognized as such under American law for some 20 years, are on the wrong side of that divide. Representative Mike Pompeo did the people of Kansas — both non-Muslim and Muslim Americans — a great service by calling out the Islamic Society of Wichita (ISW) on its indefensible invitation to Monzer Taleb, a Hamas sympathizer, to speak at a fundraising event.

White versus White America White elites are the main reason Donald Trump’s campaign hasn’t sputtered and failed. By Victor Davis Hanson

Why do the angry white poor and working class support the unlikely populist Donald Trump — a spoiled bully who made and lost fortunes in part by gaming the system, who seems to take gratuitous rudeness and cruelty as a birthright, whose lifestyle is symptomatic of American excess, and who for the last half-century has embraced no ideology other than Trump, Inc.?

Perhaps it’s because Trump is a phantasm. He is not a flesh-and-blood candidate judged as crude or acceptable on the basis of the usual criteria. His attraction rests on about 100 sound bites over the last year that shattered taboos and attacked elite sacred cows, in a manner that no candidate has done in the past — or is likely to do in the future. Trumpism is nihilism. A reckless Trump had no political career or social capital to lose, unless one thinks that The Apprentice discriminates against the outrageous and crass, or that the New York real-estate industry blackballs prevaricators.

His supporters would prefer to lose with Trump than win with a sober and judicious politician such as Jeb Bush or Paul Ryan. If Trump or Hillary is elected as a result of white-middle-class furor or abdication, the Republican establishment pays either way. Trump’s constituents see him as their first and last chance at getting back at their enemies and, more importantly, the enablers of their enemies. Trump is a gladiator, and his supporters are shrieking, thumbs-down spectators. Sheathing his blood-stained blade would empty the stadium and put him back on The Apprentice. Does a Kim Kardashian suddenly stop flashing her boobs on YouTube in worry over what others might think?

Trump is not so much appealing to the ethnic prejudices of the white poor and working class, or playing on their perceived resentments of the Other. It’s more that he, a crass member of the elite (“It takes one to know one”), is resonating with their deep dislike of the hypocrisies of the white elite, both Republican and Democratic. Middle-class whites should be outraged at the cruel and gross manner in which Trump insulted John McCain and Megyn Kelly, but they are not. Perhaps, if asked, they would prefer to have the latter pair’s money and power if the price was an occasional little slapdown from Donald Trump. What they see as outrageous is not Trump’s crude “Get out of here” to Spanish-language newscaster Jorge Ramos, but rather the multimillionaire dual-citizen Ramos predicating his con on a perpetual pool of non–English speakers, many of whom have broken federal immigration law in a way a citizen would not dare break the law on his tax return or DMV application. For an angry Arizonan, ridiculing “low energy” Jeb is not as crude as Jeb’s own crude “act of love” description of illegal immigration. An act of love for exactly whom?

A History Lesson on Cuba for President Obama Did the U.S. really “exploit” pre-Castro Cuba? Humberto Fontova

“I know these issues are sensitive, especially coming from an American President. Before 1959, some Americans saw Cuba as something to exploit, ignored poverty, enabled corruption.” (U.S. President Barack Obama, March 22, Havana Cuba.)

“I believe that there is no country in the world including any and all the countries under colonial domination, where economic colonization, humiliation and exploitation were worse than in Cuba, in part owing to my country’s policies during the Batista regime.” (U.S. President John F. Kennedy, Oct 24, 1963.)

It’s understandable that two U.S. Presidents should hail the resourcefulness and guile of American businessmen. But liberal Democrats aren’t exactly renown for that sort of thing. And read right, the above statements imply exactly such praise—if somewhat backhandedly. The (seemingly) apologetic statements also imply condescension for those poor, stupid, corrupt Cuban natives who were such easy marks for sharp Yankee robber barons.

You’d never guess this from the media, Hollywood or your professors (or speechwriters for Democratic presidents), but in 1953 more Cubans vacationed in the U.S. (and voluntarily returned to Cuba) than Americans in Cuba. Yes, pre-Castro Cubans found the U.S. “a nice place to visit, but they certainly wouldn’t want to live there.” All this despite the friendliness and quaint habits of the natives — and despite the ability to emigrate from Cuba virtually at will and obtain U.S. visas virtually for the asking. During the 1950s and based in Florida, Sheriff Joe Arpaio would have been lonelier than the Maytag repairman.

Obama and Kennedy were describing a nation (pre-Castro Cuba) with a higher per capita income than half of Europe, the lowest inflation rate in the Western Hemisphere, the 13th lowest infant-mortality on earth and a huge influx of immigrants. Furthermore, in 1959 U.S. investments in Cuba accounted for only 14 percent the island’s GNP, and. U.S.-owned companies employed only 7 per cent of Cuba’s workforce.

The Pro-Israel Wing of the Pro-Israel Community Those who make no apologies for the Jewish State. Daniel Greenfield

Forget the alphabet soup acronyms of a thousand organizations. The pro-Israel community has only three elements.

There’s the anti-Israel side of the pro-Israel community. This misnomer calls itself Liberal Zionism even though, like the Holy Roman Empire, it is neither liberal nor Zionist. Instead illiberal anti-Zionist groups such as J Street provide a comfortable pathway from the pro-Israel community to the anti-Israel left by selling the illusion that it is possible to be pro-Israel while opposing the survival of Israel.

These illiberal anti-Zionists, like most domestic abusers, claim to be providing “tough love” by pressuring the Jewish State to make the “tough decisions” it needs to make in order to “end the occupation”.

These “tough love” and “tough decisions” though all translate into appeasing and aiding terrorists. The only people that the illiberal anti-Zionists, who clutch fistfuls of dirty Soros cash while hiding behind the blue skirts of the pro-Israel community, are willing to get tough on are Jewish victims of Islamic terror.

Somehow Abbas and Hamas never seem to come in for any tough love from these lovers of Israel who instead relish showing their tough love by kicking and beating the Jewish State at every opportunity.

And then there’s the great center of the pro-Israel community, which is not quite anti-Israel nor quite pro-Israel. Instead it hovers moderately and indecisively in the glorious middle. The center of the pro-Israel community is not really pro-Israel. Instead it’s for a two-state solution. It’s for Israel and for the PLO. It wants foreign aid for both. It wants peace. And no amount of terrorism will change its mind.

The marshmallow center of the pro-Israel community is the best recruiting ground for the anti-Israel left because its worldview is hypocritical and incoherent. It lobbies for arms for Israel and yet insists that peace is inevitable. It concedes that both sides have good arguments, but that Israel’s argument is slightly better. Or perhaps slightly less worse. It evades the issues to talk up Israel’s tech sector or the gay bars in Tel Aviv. It believes in boosterism, but not in Israel’s right to finally end terrorism.

The best and brightest culturally liberal youth naturally see through this nonsense and leave. And why shouldn’t they? On campuses they hear from one side that Israel is the devil while their side tells them that Israel is flawed, but basically means well because it is tolerant enough to concede most of the arguments of the other side. You don’t need to be a debate champion to see the trouble with this.

When its younger crowd is through singing “Shalom, Salaam”, it will go either left or right.

The center of the pro-Israel community is actually liberal and Zionist, but it is too liberal to be Zionist and too Zionist to blend well with the left. And so it is a walking contradiction that stands for nothing. It calls for tolerance and applauds its own humanism. It raises money for Israel, but it lacks all conviction when it comes to defending Israel. It is not pro-Israel in any way that truly counts.

Finally, there is the pro-Israel wing of the pro-Israel community. It is a testament to the perversity, neurosis and insecurity of the Jewish establishment that the pro-Israel wing is the smallest part of the pro-Israel community. The pro-Israel wing is easily overshadowed by the anti-Israel wing which lunches at the White House and the organizational behemoth of the center which pretends that it doesn’t exist.

The pro-Israel wing of the pro-Israel community consists of far smaller groups such as EMET, ZOA, AFSI and many others. It relies heavily on volunteers like the elderly men and women who spent years protesting the PLO deal, gathering in small groups on street corners and handing out fliers in the rain.

It is unglamorous. It is obscure. It is mostly unheard. And it will still save Israel.