In Other News, al Qaeda an Ally of United States?

When a president is rudderless as Barack Obama is, all ships, soldiers and strategy fall silent as the enemy fills the gaps with successful terror. Retired General Petraeus announced a option of perhaps peeling off al Nusra (al Qaeda) fighters and enlisting their resources as allies to take on the fight against Islamic State. This raised some real eyebrows. Is there reality in this plan or is it desperation?

Petraeus’s Plan to Defeat Islamic State Won’t Work

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Bloomberg: Former CIA Director David Petraeus today confirmed that he is urging Obama administration officials to try to peel off some fighters from the radical al-Nusrah group, to join the U.S.-led coalition fighting ISIS. But Petraeus’s explanation does not account for the fact that U.S. policy in Syria has been alienating the “reconcilable” Islamists for over four years.

“We should under no circumstances try to use or coopt Nusrah, an al-Qaeda affiliate in Syria, as an organization against ISIL,” Petraeus told CNN. “But some individual fighters, and perhaps some elements, within Nusrah today have undoubtedly joined for opportunistic rather than ideological reasons: They saw Nusrah as a strong horse, and they haven’t seen a credible alternative, as the moderate opposition has yet to be adequately resourced.”

It sounds like the “Sunni Awakening” from his time in Iraq, but there’s little to no chance of repeating that in Syria today. Recent U.S. action, and inaction, shows why.

Just last week, the commander of Division 30, the Syrian “moderate” opposition group that hosts a few dozen U.S.-trained fighters, sent out a worrying notice: His troops had just been bombed by planes from Assad’s air force. The U.S. military did not respond.

“We have no information on whether Assad forces targeted Vetted Syrian Opposition Groups or the New Syrian Force specifically,” Lieutenant Commander Kyle Raines, U.S. Central Command spokesman, told me, using the official term for the 54 Syrian soldiers who were trained and armed by the U.S. and sent back into Syria to fight the Islamic State.

Only three weeks earlier, the U.S. military did respond with force to an attack on Division 30, this time coming from al-Nusrah, the Syria rebel group affiliated with al-Qaeda.  Nusrah had kidnapped some of the U.S.-trained fighters and killed others, and the U.S. military sent drones to exact retribution. But Division 30 itself was opposed to the U.S. attacks on al-Nusrah and pledged never to fight the group, only the Assad regime and the Islamic State.

In 2012, when he was C.I.A. director, Petraeus and Secretary of State Hillary Clinton proposed significantly arming the Syrian opposition, a plan supported by Defense Secretary Leon Panetta and Joint Chiefs Chairman Martin Dempsey. But the White House rejected the plan, and U.S.-supported opposition groups were routed.

Now Petraeus is proposing to separate the “reconcilables” from al-Nusrah to fight against the Islamic State. He compared the plan to the Sunni Awakening in Iraq in 2007 and 2008.

“In Iraq, during the Surge, Sunni tribes and insurgent groups that were previously aligned with AQI (al Qaeda in Iraq) switched sides because they concluded that there was a better alternative — namely, partnership with us and, ultimately, the government of Iraq — and because they saw that AQI was a losing bet,” Petraeus said. “The process of ‘reconciliation’ contributed significantly to the defeat of al Qaeda in Iraq in 2007-2008, a situation sustained for 2-3 more years.”

He acknowledges that the Sunni Awakening in Iraq broke down after most of the agreements with Iraqi Sunni tribes were broken by the Iraqi government. He also acknowledges that Syria and Iraq are not the same. But Petraeus concludes that the U.S. should work to defeat radical groups in Syria “by splintering their ranks by offering a credible alternative.”

The key problem with Petraeus’s idea is that the U.S. may no longer have any chance of being “credible” in Syria. Four years after the crisis began, U.S. support for groups fighting the Assad regime has slowed. Those moderate groups that haven’t been crushed or coopted by Islamic groups feel abandoned by Washington.

The $500 million program to train and equip fighters in Syria has been hampered by the fact that new recruits are compelled to pledge not to fight Assad. Obama administration officials are pursuing a de facto policy of regime preservation while paying lip service to the unfounded hope for a political process whereby Assad would negotiate his own departure.

Petraeus was not wrong in 2012 when he called for robust American support for moderate opposition forces in Syria. But in 2015, that plan has been overtaken by events. Unless the Obama administration completely reverses course — creating a Syria policy that is about more than quashing the Islamic State — the Petraeus plan can’t work.

All Syrian groups fighting the Islamic State derive their credibility from the Syrian people in the lands they control. Petraeus is right that Syrian tribes can be persuaded to break from al-Nusrah and join a U.S.-backed cause.

“U.S. regaining credibility wouldn’t take much; it would take stopping barrel bombs from falling on civilians,” said Mouaz Moustafa, executive director of the Syrian Emergency Task Force, a nongovernmental organization that works with rebel groups on the ground. “The reason that the U.S. does not have any credibility with armed groups on the ground is because it is seen as supporting Iran, Russia and the Assad regime.”

There are other reasons Petraeus’s plan has little chance. In Iraq, the U.S. had over 100,000 troops, tens of billions of dollars to spend, a relationship with the host government that could be leveraged, and the political will to commit U.S. attention to the matter. None of those things exist in Syria today.

The Obama administration appears content to contain the Islamic State in Syria, and after years of missed opportunities, Obama seems unlikely to confront Assad. Syrians remember when Obama last year said that the entire idea that a group of “former doctors, farmers, pharmacists and so forth” could defeat the Assad regime and its supporters has “always been a fantasy.”

The nature of the American commitment in Syria is not likely to change. Not even the hawkish leading Republican presidential candidates are supporting a dramatic increase of American resources or personnel to turn Syria around. The only Syrian “awakening” will be when Assad does fall — and the U.S. realizes it has no friends there to represent its interests.

Come the F*ck On: al Qaeda Is Not Our Ally!

DailyBeast: A new argument among jihad analysts has it that the makers of 9/11 are now a handy bulwark against ISIS. Um, no.

Enemies becoming friends is seemingly all the rage these days. First Cuba. Then Iran. Now, there are those arguing that al Qaeda must also be brought into the fold. That’s right: the same group which fly planes into our buildings, blows up our tube networks, embassies and longs for the return of the Caliphate.

The argument seems to be catching on. The journalist Ahmed Rashid has recently taken to the pages of the New York Review of Books (“Why we need al Qaeda”) and the front cover of The Spectator (“Al Qaeda to the rescue”) to question whether al Qaeda “might be the best option left in the Middle East for the US and its allies.” The argument goes that the U.S., regional Arab powers, and Turkey have a shared enemy in Bashar al-Assad, Iran and its proxies. Al Qaeda not only shares these enemies, it is at the frontline of this fight in Syria and Yemen.

Rashid also says that al Qaeda is going through “dramatic changes” and is now taking a “soft line” on certain issues. Charles Lister from Brookings has also explored potential al Qaeda moderation—with the headline used in his May article for the Huffington Post, “An Internal Struggle: Al Qaeda’s Syrian Affiliate is Grappling with its Identity,” making the group sound more like a 16 year-old goth from Portland than a murderous terrorist organization.

Other, less savory figures have spoken out on other ways in which al Qaeda may be useful. Moazzam Begg—the former Guantanamo Bay detainee—cites Rashid while arguing that “the most credible voices against IS have been Islamic clerics traditionally associated with al Qaeda”: Abu Qatada and Abu Muhammad al-Maqdisi. These two jihadist theologians’ fatwas have been used to justify barbaric violence for decades. Yet Begg laments the UK government’s reluctance to reach out to such figures, arguing that it would help avert a repeat of the massacre of British tourists that just occurred in Tunisia.

This is largely unsurprising coming from Begg, who has long argued the Islamist cause. Yet as others view al Qaeda as a potentially constructive partner, it is worth exploring this thesis on its merits.

The examples of moderation cited by the likes of Rashid are anything but. A statement from Abu Mohammed al-Joulani, the head of al Qaeda’s Syrian affiliate, saying that he was under instructions not to use Syria “as a base to launch attacks on the West or Europe” is highlighted as a sign of progress. However, even this concession—as deeply generous as it is—is not because of a lack of desire to kill more Westerners; it is “so as not to muddy the current war” in Syria. A change in tactics should not be confused for a change in strategy.

The al-Nusra Front also remains proud of al Qaeda’s past successes when it comes to mass murder. A propaganda video they just released is heavy on video footage from 9/11—an attack described in the video as “the most effective solution”—and speeches by Osama bin Laden.

Per Hillary’s Emails, She Needs Visiting Angels

Late Monday evening, the State Department released a large volume of Hillary emails and it will take a long time to review all of them.

In case you need a sampling of her communications with various people, I am pleased to share a handful. If Hillary is this needy and inept, how can she be president?

Hillary has a cook, needs skim milk and cant figure out the TV guide, she needs Visiting Angels:

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Evergreen, Secret Service codename:

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Worried about server security:

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Benghazi, note the date, so no video to blame:

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Then, just how anti-Semitic is Hillary and her inner circle:

Hilary and her team are fans of Max Blumenthal, Peter Beinart, J-Street

The Hilary Clinton emails that were just released show that she and her team are far more to the left, and far more interested in promoting the leftist J-Street view of Israel, than she lets on publicly.

Hilary was thrilled with Max Blumenthal’s book “Republican Gomorrah,” writing on September 11, 2009, “I just finished the book and it is great!.”

Blumenthal’s father, Sidney, often shared Max’s articles with Hilary, including “The Great Islamophobic Crusade” where Blumenthal began his career of conflating all evils of the world to Jews and Zionists, blaming them for anti-Islamic initiatives and then moving on to pretend that all Jews in Israel support murdering Arabs for no reason. Hilary asked her staff to “Pls print for me.”

Sid also recommended to her Peter Beinart’s article, “The Failure of the American Jewish Establishment,” saying

H: I’m sure you are preoccupied with the adventures of Lula, et al. Nonetheless, the article below, just posted by the NY
Review, soon to be published, is a breakthrough piece that will have a large impact. It’s worth reading, not least for Frank
Luntz’s poll numbers. The hysterical tone of much of the Israeli leadership and US Jewish community is partly rooted in
this long-term and profound development. Sid

Sid also pushed hard the idea that American Jews are against the Israeli government, as another Sid Blumenthal memo says:

March 23, 2010
For: Hillary
From: Sid
Re: US Jewish and Israeli public opinion
Three new polls released: from AVO07 (all US), J Street (US Jews), and Ha’aretz (Israelis). I’ve
sent Lauren the whole J Street poll to print out for you; its internals are the most detailed,
relevant and suggestive. My reading of that poll is that the administration is in a pretty good spot
with US Jewish opinion and that the drag (about 10 points, I think) has less to do with the Middle
East and Israel than with the economy. Jewish opinion is far more solidly supportive of the
administration generally than the general population (except minorities). Those adamantly
opposed to the administration stance on Israel are preconceived to be against; they are
predictable, a minority of the US Jewish community and have reached their natural limits. The
institutional US Jewish position backing Bibi and against the administration does not have
majority support among Jews.

Sid also recommended that Hilary tell AIPAC that they are too right wing:

For: Hillary
From: Sid
Re: AIPAC speech
This memo does not address specific policy initiatives.
What I’ve written are options. Use what you like, or none at all. Here are some ideas:

1. Hold Bibi’s feet to the fire, remind everyone he was at Wye, his key participant event in
the peace process, and that it was successful.

2. Reassure all players of our commitment to the process and the solution (whatever the
language is).

3. Perhaps most controversial, I would argue something you should do is that, while
praising AIPAC, remind it in as subtle but also direct a way as you can that it does not
have a monopoly over American Jewish opinion.
Bibi is stage managing US Jewish
organizations (and neocons, and the religious right, and whomever else he can muster)
against the administration. AIPAC itself has become an organ of the Israeli right,
specifically Likud. By acknowledging J Street you give them legitimacy, credibility and
create room within the American Jewish community for debate supportive of the
administration’s pursuit of the peace process. Just by mentioning J Street in passing,
AIPAC becomes a point on the spectrum, not the controller of the spectrum. I suggest a
way how to do this below.

1. On US national security interest, Israel’s security and the peace process:
The reason the US has always supported Israel since the moment President Harry S. Truman
decided to recognize the State of Israel is that it is in the US national security interest and
consistent with our values. It is in our interest to support a thriving democracy in the Middle East
Only through the marketplace of ideas will sound policies to help resolve complicated and
seemingly intransigent problems be developed. This administration values everybody’s views.
They are important. You are important. We welcome views across the spectrum, from AIPAC to
J Street. All these views are legitimate and must be heard and considered.

There’s also a Martin Indyk email forwarded to Hilary that blames Bibi for not extending his 2010 settlement freeze, without a negative word about Mahmoud Abbas for refusing to negotiate:

From: Martin Indyk [mailto
Sent: Thursday, September 30, 2010 8:59 AM
To: George Mitchell; Feltman, Jeffrey D
Subject: Dealing with Netanyahu
The principle conclusion from a quick visit to Israel and Ramallah over the weekend is that Netanyahu is in a strong
position politically, with an unusually stable ruling coalition. Nobody I spoke with believed that the government would
have fallen if he had decided to extend the settlement freeze before its expiry, as a gesture to U.S. peacemaking efforts.
In their view, he could have easily garnered the support of a large majority of the people, for whom the settlers are a
marginal concern. And this would have given him leverage over his ministers to ensure their support or abstention in
the cabinet. ..

3. As his friend, paint a realistic picture of the strategic consequences of his negotiating tactics, particularly in terms of
what is likely to happen to the PA leadership if he worries only about his politics and not at all about Abu Mazen’s
politics.
4. If all else fails, avoid recriminations in favor of a “clarifying moment.” The world will of course blame Bibi. But you
should avoid any kind of finger-pointing in favor of a repeated commitment to a negotiated solution and a willingness to
engage with both sides in trying to make that happen, when they’re ready. The Israeli public and the American Jewish
Community should know how far the President was prepared to go and they should be allowed to draw their own
conclusions

Based on the relatively narrow timeframe of last night’s email dump the overall tone is that Israel is obstinate and not interested in peace, the Zionist American Jewish community must be marginalized, the Palestinians are victims and not responsible for any of their actions, and that Hilary must still publicly cultivate the AIPAC crowd while working behind the scenes to undermine it. Haaretz is liberally quoted but no conservative analysis about Israel ever reached Hilary’s eyes through her handpicked, trusted advisers.

(h/t Babylonian Hebrew)

CNN has an early summary with embedded links as well.

 

 

 

 

 

 

 

 

Who is Behind Black Lives Matter….

The #BlackLivesMatter operation is a concoction and a deadly one now as we have seen in recent weeks. The main author of the research summary is Nazgol Ghandnoosh, PhD and this operation has been fully embraced not only by the left, but the Democrats, the White House and the Department of Justice.

It must be remembered and noted that Eric Holder before leaving as the U.S. Attorney General, went to Ferguson at the behest of the White House to investigate matters there and the consequences are now the ‘Sentencing Project’.

Additionally, Eric Holder outlined a new sentencing reforms for drug offenders.

In short as you go forward in this short article complete with linked citations, understand, the deadly operation has resulted in a new domestic battlefield where police officers and law enforcement are the targets designated for death.

Anymore questions? The White House, the entire Department of Justice owns these assassinations. ‘All enemies, foreign and DOMESTIC….

It should also be noted that Barack Obama has authorized the release of countless prisoners and even visited a prison, much less he commuted several sentences in recent months.

The full document is here.

The Sentencing Project is a national non-profit organization engaged in research and advocacy on criminal justice issues. Our work is supported by many individual donors and contributions from the following:

Atlantic PhilanthropiesMorton K. and Jane Blaustein Foundation

craigslist Charitable Fund

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JK Irwin Foundation

Open Society Foundations

Overbrook Foundation

Public Welfare Foundation

Rail Down Charitable Trust

David Rockefeller Fund

Elizabeth B. and Arthur E. Roswell Foundation

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Wallace Global Fund

Working Assets/CREDO

Copyright © 2015 by The Sentencing Project. Reproduction of this document in full or in part, and in print or electronic format, only by permission of The Sentencing Project.

 

 

 

Raise Your Hand if You Think You’re Going Back to Iraq

You’re correct, and it could be a ten year war.

With sequestration and even worse defense contractors without advance platform orders and enemies in the same technology as the United States, ten years is not out of the limits of acceptance. The next commander in chief faces a daunting reality as Islamic State, al Nusra, the Taliban, al Qaeda in the Arabian Peninsula, Houthis and countless other terror operation cells have nothing but time and a constant flow of new generational fighters.

Listen to the Generals. The new standard before America is the endless war condition, but is the West ready and is Congress or the American people able to dismiss the battlefield weariness? There is no choice. Questions emerge and they include funding for the Authorization of Use of Military Force (AUMF) and possibly the draft, if in fact ground operations are needed. Today our troop levels are at a low point near that of pre-World War ll and this calls for some exceptional decisions to be made in the near future. Additionally, conditions could also call for more civilian contractors to be used in both offensive and defensive duties.

There is Yemen, Afghanistan, Syria, Lebanon, Nigeria, Sudan, Asia and the bigger issue and the bear in the room everyone ignores, Russia.

Throw in Iran…well the future is bleak.

Is the U.S. Ready for an Endless War Against the Islamic State?
op generals predict the fight against ISIS will last more than a decade. It’s not a message the White House or Congress wants to hear.

FP Magazine: Looking out over rows of young American soldiers sitting in a dusty hall in Baghdad, the U.S. military’s top-ranking officer had a few questions for the troops.

Had they deployed to Iraq before, Gen. Martin Dempsey asked.

Out of about 200 soldiers in the hall, three-quarters raised their hands.

“How many of you think you’ll serve a tour in Iraq again?”

They all put up their hands.

“I think you may be right about that,” Dempsey said. “We’re going to be at this for a while.”

The exchange, which came in July during what is likely to be Dempsey’s final visit to Iraq before he steps down in October, captured what top Pentagon brass view as a “generational conflict” against the Islamic State. Despite optimistic assessments from the White House, the generals believe the war will extend far into the future, long after President Barack Obama leaves office.

In an interview with Foreign Policy in July, shortly before stepping down as vice chairman of the U.S. Joint Chiefs of Staff, Adm. Sandy Winnefeld likened the campaign against the Islamic State to the Cold War.

“I do think it’s going to be a generational struggle,” Winnefeld said.

The Army’s outgoing chief of staff, Gen. Ray Odierno, meanwhile, told reporters that “in my mind, ISIS is a 10- to 20-year problem; it’s not a two years problem.”

But White House officials, and most members of Congress, are reluctant to speak publicly about how long the campaign may last, much to the frustration of military commanders. For members of both political parties, acknowledging that the war could drag on for another 10 to 20 years is politically risky, if not poisonous, and would require confronting difficult decisions about ordering troops into combat, budgets, and strategy.

Instead, the White House has vaguely spoken of a “long-term” effort, without specifically addressing the generals’ expectations of a potentially decade-long war. But officials have acknowledged that the fight will continue after the end of Obama’s presidential term in 2017, leaving his successor with tough choices about whether, and how, to expand the flagging campaign.

While the administration has shied away from talking about precisely how long the war may last, some Republican lawmakers, including Sen. John McCain (R-Ariz.), and defense analysts have accused the White House of offering an overly positive account of the faltering campaign.

Now the administration faces explosive allegations that the military may have sought to water down intelligence reports to convey a more optimistic portrayal of the war.

The Defense Department’s inspector general has launched an investigation into the allegations after an analyst with the Defense Intelligence Agency alleged that assessments had been revised improperly by U.S. Central Command, according to the New York Times.

The allegations raise questions about the possible politicization of the air campaign and carry echoes of the 2003 U.S. invasion of Iraq, as officials under then-President George W. Bush were later accused of distorting intelligence reports about suspected stockpiles of weapons of mass destruction to bolster the rationale for military action.

The Senate Intelligence Committee “is aware of the allegations that intelligence assessments may have been improperly used or revised,” a staffer for Sen. Richard Burr (R-N.C.), chairman of the committee, told Foreign Policy on Thursday.

But as the case involves an alleged whistleblower, congressional aides said they could not discuss any aspect of the investigation or whether lawmakers would launch their own separate probe.

Obama has long condemned how intelligence was distorted in the run-up to the 2003 invasion of Iraq. And in his Aug. 5 speech defending the recently negotiated nuclear agreement with Iran, Obama said the ill-fated U.S. war in Iraq had been the product of “a mindset that exaggerated threats beyond what the intelligence supported.”

After entering office, Obama vowed to carry out a campaign promise to bring the war in Iraq to “a responsible end” by withdrawing U.S. troops in 2011.

The war, however, did not end on his schedule. Obama has had to send 3,400 troops back to Iraq to help local forces battle the Islamic State, a virulent incarnation of the extremist threat that bedeviled the nearly nine-year U.S. occupation. A U.S.-led air campaign has carried out more than 6,400 strikes against Islamic State targets.

Taken together, that means Obama will leave office with no prospect of an end to the American role in the conflict, which has cost more than $3.7 billion after just one year and has undercut the Pentagon’s plans to “reset” the force after years of grinding counterinsurgency warfare.

While administration officials have been reluctant to offer more specific forecasts about the campaign’s duration, Odierno told reporters in July that the Islamic State will be “a long-term problem” over the next decade or more, though he cautioned that he wasn’t sure about how serious a threat it would be in the years ahead.

Odierno was voicing a widely held view among American commanders, who often privately complain about what they see as a lack of coherent strategic planning from the White House or Congress.

“This is not a two- to three-year task. We’re talking a decade-long effort,” a senior military officer said.

A senior administration official declined to say whether the White House agreed with Odierno’s forecast, saying, “It’s impossible to give any precise answer beyond a long-term schedule.”

The official, who spoke on condition of anonymity, added: “This administration believes the effort should last as long as it takes to degrade and ultimately destroy ISIL. There are more than a few variables involved in that.”

There are few signs that the current campaign has turned the tide against the Islamic State in any meaningful way, reinforcing the sense of a long struggle ahead. U.S. officials have touted the success that Iraqi and Kurdish forces, backed by American air power, have had in retaking Tikrit and in recapturing territory in northern Syria, while blunting Islamic State offensives around Mount Sinjar in northern Iraq. But the Islamic State still holds broad swaths of Iraq and Syria, including the major Iraqi cities of Mosul and Ramadi, and American intelligence officials estimate that the group has been able to replenish its ranks of fighters and replace those killed by Washington and its allies.

Despite the marked lack of progress, there are no heated policy debates inside the White House now about how to conduct the war against the Islamic State, administration officials and military officers said.

And there is no indication that the White House is planning to revisit its strategy, despite the disappointing results on the ground.

Dempsey and other top military leaders — scarred by the disastrous experience that followed the U.S. invasion of Iraq in 2003 — are not advocating a radical departure from the current approach, as they do not see a viable alternative without risking another quagmire on the ground.

Administration officials insist that the top generals are not pushing to send in a large force of ground troops or to have special operations commandos embedded with Iraqi troops in combat.

“Our military is not pressing for this,” said a senior administration official familiar with policy discussions, adding that commanders mostly support the current approach.

Most Republican presidential candidates, who castigate Obama for his handling of the Islamic State and promise to take a tougher approach, are also not pressing for the deployment of U.S. combat forces.

Some of them have said they might send special operations forces to accompany Iraqi troops into battle, but the Republicans have offered few details about precisely what they would be willing to do differently and have sidestepped the question of how many years the United States may have to wage war against the Islamic State.

Only one candidate, Sen. Lindsey Graham (R-S.C.), has explicitly called for a major ground force, urging the deployment of at least 10,000 U.S. troops to Iraq and more to Syria.

Graham opposes any limits on U.S. military action against the Islamic State, and his spokesman, Kevin Bishop, said the senator would support “whatever it takes for as long as it takes.”

Democratic Sen. Tim Kaine of Virginia has argued for a more honest public debate about the open-ended war, but he blames the Republican-led Congress for failing to hold a vote to authorize the use of military force in Iraq and Syria, his office said.

“In my opinion, this is less about candor on the part of the administration and much more about twelve months of congressional abdication of its most solemn constitutional responsibility — whether or not to send our service members into harm’s way,” Kaine said in an email.

Gen. Joseph Dunford, who is due to take over from Dempsey as chairman of the U.S. Joint Chiefs of Staff in October, told lawmakers in July he agreed that a congressional vote to authorize force against the Islamic State would send a signal of unity to allies and adversaries while offering reassurance to troops in the field.

But Congress has opted against a vote that might entail a full-fledged debate on the war and the resources it will require. And the White House has made clear it will stay the course in its military campaign, with no major policy review in the works.

The administration, however, may be open to a more public discussion of the campaign. A senior administration official indicated that the White House may attempt to engage in a broader public discussion of the war later this year, after it is able to shift its focus from the upcoming congressional vote in September on the Iran nuclear agreement.

“Once we get through the Iran nuclear deal, it’s probably time to have a discussion about the broader Middle East,” the official said.

 

14th Amendment Does Not Give Birthright Citizenship

It is about time that this matter gets full attention and debate.
The most important word is but 2 letters: We the People OF meaning loyalty, honor and duty.

He unabashedly wades into politically dangerous territory and yet continues to be rewarded by favorable poll results. He has clearly tapped into a reserve of public resentment for inside-the-Beltway politics. How far this resentment will carry him is anyone’s guess, but the Republican establishment is worried. His latest proposal to end birthright citizenship has set off alarm bells in the Republican party.

The leadership worries that Trump will derail the party’s plans to appeal to the Latino vote. Establishment Republicans believe that the future of the party depends on being able to capture a larger share of this rapidly expanding electorate. Trump’s plan, however, may appeal to the most rapidly expanding electorate, senior citizens, and may have an even greater appeal to the millions of Republicans who stayed away from the polls in 2012 as well as the ethnic and blue-collar Democrats who crossed party lines to vote Republican in the congressional elections of 2014. All of these voters outnumber any increase in the Latino vote that Republicans could possibly hope to gain from a population that has consistently voted Democratic by a two-thirds majority and shows little inclination to change.

And Nothing Odd About Supporting Such a Reading Critics say that Trump’s plan is unrealistic, that it would require a constitutional amendment because the 14th Amendment mandates birthright citizenship and that the Supreme Court has upheld this requirement ever since its passage in 1868. The critics are wrong. A correct understanding of the intent of the framers of the 14th Amendment and legislation passed by Congress in the late 19th century and in 1923 extending citizenship to American Indians provide ample proof that Congress has constitutional power to define who is within the “jurisdiction of the United States” and therefore eligible for citizenship. Simple legislation passed by Congress and signed by the president would be constitutional under the 14th Amendment.

Birthright citizenship is the policy whereby the children of illegal aliens born within the geographical limits of the U.S. are entitled to American citizenship — and, as Trump says, it is a great magnet for illegal immigration. Many of Trump’s critics believe that this policy is an explicit command of the Constitution, consistent with the British common-law system. This is simply not true. Congress has constitutional power to define who is within the “jurisdiction of the United States” and therefore eligible for citizenship. Although the Constitution of 1787 mentioned citizens, it did not define citizenship. It was in 1868 that a definition of citizenship entered the Constitution with the ratification of the 14th Amendment. Here is the familiar language: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” Thus there are two components to American citizenship: birth or naturalization in the U.S. and being subject to the jurisdiction of the U.S.

Today, we somehow have come to believe that anyone born within the geographical limits of the U.S. is automatically subject to its jurisdiction; but this renders the jurisdiction clause utterly superfluous. If this had been the intention of the framers of the 14th Amendment, presumably they would have said simply that all persons born or naturalized in the U.S. are thereby citizens.

Indeed, during debate over the amendment, Senator Jacob Howard, the author of the citizenship clause, attempted to assure skeptical colleagues that the language was not intended to make Indians citizens of the United States. Indians, Howard conceded, were born within the nation’s geographical limits, but he steadfastly maintained that they were not subject to its jurisdiction because they owed allegiance to their tribes and not to the U.S. Senator Lyman Trumbull, chairman of the Senate Judiciary Committee, supported this view, arguing that “subject to the jurisdiction thereof” meant “not owing allegiance to anybody else and being subject to the complete jurisdiction of the United States.”

Jurisdiction understood as allegiance, Senator Howard explained, excludes not only Indians but “persons born in the United States who are foreigners, aliens, [or] who belong to the families of ambassadors or foreign ministers.” Thus, “subject to the jurisdiction” does not simply mean, as is commonly thought today, subject to American laws or courts. It means owing exclusive political allegiance to the U.S. Furthermore, there has never been an explicit holding by the Supreme Court that the children of illegal aliens are automatically accorded birthright citizenship. In the case of Wong Kim Ark (1898) the Court ruled that a child born in the U.S. of legal aliens was entitled to “birthright citizenship” under the 14th Amendment. This was a 5–4 opinion which provoked the dissent of Chief Justice Melville Fuller, who argued that, contrary to the reasoning of the majority’s holding, the 14th Amendment did not in fact adopt the common-law understanding of birthright citizenship.
The framers of the Constitution were, of course, well-versed in the British common law, having learned its essential principles from William Blackstone’s Commentaries on the Laws of England. As such, they knew that the very concept of citizenship was unknown in British common law. Blackstone speaks only of “birthright subjectship” or “birthright allegiance,” never using the terms “citizen” or “citizenship.” The idea of birthright subjectship, as Blackstone admitted, was derived from feudal law. It is the relation of master and servant: All who are born within the protection of the king owed perpetual allegiance as a “debt of gratitude.” According to Blackstone, this debt is “intrinsic” and “cannot be forfeited, cancelled, or altered.” Birthright subjectship under common law is the doctrine of perpetual allegiance. America’s Founders rejected this doctrine. The Declaration of Independence, after all, solemnly proclaims that “the good People of these Colonies . . . are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved.” So, the common law — the feudal doctrine of perpetual allegiance — could not possibly serve as the ground of American citizenship. Indeed, the idea is too preposterous to entertain.
For All GOP Candidates Consider as well that, in 1868, Congress passed the Expatriation Act. This permitted American citizens to renounce their allegiance and alienate their citizenship. This piece of legislation was supported by Senator Howard and other leading architects of the 14th Amendment, and characterized the right of expatriation as “a natural and inherent right of all people, indispensable to the enjoyment of the right of life, liberty and the pursuit of happiness.” Like the idea of citizenship, this right of expatriation is wholly incompatible with the common-law understanding of perpetual allegiance and subjectship. One member of the House expressed the general sense of Congress when he proclaimed: “The old feudal doctrine stated by Blackstone and adopted as part of the common law of England . . . is not only at war with the theory of our institutions, but is equally at war with every principle of justice and of sound public policy.” The notion of birthright citizenship was characterized by another member as an “indefensible doctrine of indefeasible allegiance,” a feudal doctrine wholly at odds with republican government. Nor was this the only legislation concerning birthright citizenship that Congress passed following the ratification of the 14th Amendment. As mentioned above, there was almost unanimous agreement among its framers that the amendment did not extend citizenship to Indians. Although born in the U.S., they were not subject to the jurisdiction of the U.S. Beginning in 1870, however, Congress began to pass legislation offering citizenship to Indians on a tribe-by-tribe basis.
Finally, in 1923, there was a universal offer to all tribes. Any Indian who consented could become a citizen. Thus Congress used its legislative authority under Section Five of the 14th Amendment to determine who was within the jurisdiction of the U.S. It could make a similar determination today, based on this legislative precedent, that children born in the U.S. to illegal aliens are not subject to the jurisdiction of the United States. A constitutional amendment is no more required today than it was in 1923. A nation that cannot determine who becomes citizens or believes that it must allow the children of those who defy its laws to become citizens is no longer a sovereign nation. Legislation to end birthright citizenship has been circulating in Congress since the mid ’90s and such a bill is circulating in both houses today. It will, of course, not pass Congress, and if it did pass it would be vetoed. But if birthright citizenship becomes an election issue and a Republican is elected president, then who knows what the future might hold. It is difficult to imagine that the framers of the 14th Amendment intended to confer the boon of citizenship on the children of illegal aliens when they explicitly denied that boon to Indians who had been born in the United States. Those who defy the laws of the U.S. should not be allowed to confer such an advantage on their children. This would not be visiting the sins of the parents on the children, as is often claimed, since the children of illegal aliens born in the U.S. would not be denied anything to which they otherwise would have a right. Their allegiance should follow that of their parents during their minority. A nation that cannot determine who becomes citizens or believes that it must allow the children of those who defy its laws to become citizens is no longer a sovereign nation. No one is advocating that those who have been granted birthright citizenship be stripped of their citizenship. Equal protection considerations would counsel that citizenship once granted is vested and cannot be revoked; this, I believe, is eminently just. The proposal to end birthright citizenship is prospective only.
Political pundits believe that Trump should not press such divisive issues as immigration and citizenship. It is clear, however, that he has struck a popular chord — and touched an important issue that should be debated no matter how divisive. Both the Republican party and the Democratic party want to avoid the issue because, while both parties advocate some kind of reform, neither party has much interest in curbing illegal immigration: Republicans want cheap and exploitable labor and Democrats want future voters. Who will get the best of the bargain I will leave for others to decide.
*** For more reading and to see who are in this fight…
Further, Jeb Bush was actually correct too when it comes to the Chinese and their operation to gain birthright citizenship.