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United Jerusalem – a shared US-Israel legacy and interest

US departure from the recognition of a United Jerusalem as the exclusive capital of the Jewish State, and the site of the US Embassy to Israel, would be consistent with the track record of the State Department, which has been systematically wrong on Middle East issues, such as its opposition to the establishment of the Jewish State; stabbing the back of the pro-US Shah of Iran and Mubarak of Egypt, and pressuring the pro-US Saudi Arabia and the United Arab Emirates, while courting the anti-US Ayatollahs of Iran, Saddam Hussein, Arafat, the Muslim Brotherhood, Hamas, the Palestinian Authority and the Houthis of Yemen; transforming Libya into a platform of global Islamic terrorism and civil wars; etc..

However, such departure would violate US law, defy a 3,000 year old reality – documented by a litany of archeological sites and a multitude of documents from Biblical time until today – spurn US history and geography, and undermine US national and homeland security.

United Jerusalem and the US law

Establishing a US Consulate General in Jerusalem – which would be a de facto US Embassy to the Palestinian Authority – would violate the Jerusalem Embassy Act, which became US law on November 8, 1995 with substantially more than a veto-override majority on Capitol Hill.

According to the Jerusalem Embassy Act, which enjoys massive support among the US population and, therefore, in both chambers of Congress:

“Jerusalem should remain an undivided city in which the rights of every ethnic and religious group are protected….

“Jerusalem should be recognized as the capital of the state of Israel; and the United States Embassy in Israel should be established in Jerusalem….

“In 1990, Congress unanimously adopted Senate Concurrent Resolution 106, which declares that Congress ‘strongly believes that Jerusalem must remain an undivided city in which the rights of every ethnic and religious group are protected….’

“In 1992, the United States Senate and House of Representatives unanimously adopted Senate Concurrent Resolution 113… to commemorate the 25th anniversary of the reunification of Jerusalem, and reaffirming Congressional sentiment that Jerusalem must remain an undivided city….

“In 1996, the state of Israel will celebrate the 3,000th anniversary of the Jewish presence in Jerusalem since King David’s entry….

“The term ‘United States Embassy’ means the offices of the United States diplomatic mission and the residence of the United States chief of mission.”

United Jerusalem and the legacy of the Founding Fathers

The US Early Pilgrims and Founding Fathers were inspired – in their unification of the 13 colonies – by King David’s unification of the 12 Jewish tribes into a united political entity, and establishing Jerusalem as the capital city, which did not belong to any of the tribes (hence, Washington, DC does not belong to any state). King David entered Jerusalem 3,000 years before modern day US presidents entered the White House and 2,755 years before the US gained its independence.

The impact of Jerusalem on the US founders of the Federalist Papers, the Declaration of Independence, the Constitution, the Bill of Rights, the Federalist system and overall civic life is reflected by the existence, in the US, of 18 Jerusalems (4 in Maryland; 2 in Vermont, Georgia and New York; and 1 in Ohio, Michigan, Arkansas, North Carolina, Alabama, Utah, Rhode Island and Tennessee), 32 Salems (the original Biblical name of Jerusalem) and many Zions (a Biblical synonym for Jerusalem and the Land of Israel).  Moreover, in the US there are thousands of cities, towns, mountains, cliffs, deserts, national parks and streets bearing Biblical names.

The Jerusalem reality and US interests

Recognizing the Jerusalem reality and adherence to the 1995 Jerusalem Embassy Act – and the subsequent recognition of Jerusalem as Israel’s capital, the site of the US Embassy to Israel – bolstered the US posture of deterrence in defiance of Arab/Islamic pressure and threats.

Contrary to the doomsday assessments by the State Department and the “elite” US media – which have been wrong on most Middle East issues – the May 2018 implementation of the 1995 law did not intensify Palestinian, Arab and Islamic terrorism. State Department “wise men” were equally wrong when they warned that Israel’s 1967 reunification of Jerusalem would ignite a worldwide anti-Israel and anti-US Islamic volcanic eruption.

Adherence to the 1995 law distinguishes the US President, Congress and most Americans from the state of mind of rogue regimes and terror organizations, the anti-US UN, the vacillating Europe, and the cosmopolitan worldview of the State Department, which has systematically played-down the US’ unilateral, independent and (sometimes) defiant national security action.

On the other hand, US procrastination on the implementation of the 1995 law – by Presidents Clinton, Bush and Obama – eroded the US posture of deterrence, since it was rightly perceived by the world as appeasement in the face of pressure and threats from Arab/Muslim regimes and terrorists.  As expected, it radicalized Arab expectations and demands, failed to advance the cause of Israel-Arab peace, fueled Islamic terrorism, and severely undermined US national and homeland security. For example, blowing up the US Embassies in Kenya and Tanzania and murdering 224 persons in August 1998; blowing up the USS Cole destroyer in the port of Aden and murdering 17 US sailors in October 2000; the 9/11 Twin Towers massacre, etc.

Jerusalem and Israel’s defiance of US pressure

In 1949, President Truman followed Secretary of State Marshall’s policy, pressuring Israel to refrain from annexing West Jerusalem and to accept the internationalization of the ancient capital of the Jewish people.

in 1950, in defiance of brutal US and global pressure to internationalize Jerusalem, Prime Minister David Ben Gurion reacted constructively by proclaiming Jerusalem the capital of the Jewish State, relocating government agencies from Tel Aviv to Jerusalem, and settling tens of thousands of Olim (Jewish immigrants to Israel) in Jerusalem. He upgraded the transportation infrastructure to Jerusalem, erected new Jewish neighborhoods along the 1949 cease fire lines in Jerusalem, and provided the city land reserves for long-term growth.

In 1953, Ben Gurion rebuffed President Eisenhower’s pressure – inspired by Secretary of State Dulles – to refrain from relocating Israel’s Foreign Ministry from Tel Aviv to Jerusalem.

In 1967, President Johnson followed the advice of Secretary of State Rusk – who opposed Israel’s 1948 Declaration of Independence – highlighting the international status of Jerusalem, and warned Israel against the reunification of Jerusalem and construction in its eastern section. Prime Minister Levi Eshkol adopted Ben Gurion’s statesmanship, fended off the US pressure, reunited Jerusalem, built the first Jerusalem neighborhood beyond the 1949 ceasefire lines, Ramat Eshkol, in addition to the first wave of Jewish communities in Judea and Samaria (West Bank), the Jordan Valley and the Golan Heights.

In 1970, President Nixon collaborated with Secretary of State Rogers, attempting to repartition Jerusalem, pressuring Israel to relinquish control of Jerusalem’s Holy Basin, and to stop Israel’s plans to construct additional neighborhoods in eastern Jerusalem.  However, Prime Minister Golda Meir refused to rescind the reunification of Jerusalem, and proceeded to lay the foundation for additional Jerusalem neighborhoods beyond the 1949 ceasefire lines: Gilo, Ramot Alon, French Hill and Neve’ Yaakov, currently home to 150,000 people.

In 1977-1992, Prime Ministers Menachem Begin and Yitzhak Shamir defied US and global pressure, expanding construction in Jerusalem, sending a clear message: “Jerusalem is the exclusive and non-negotiable capital of Israel!”

“[In 1978], at the very end of [Prime Minister Begin’s] successful Camp David talks with President Jimmy Carter and President Anwar Sadat, literally minutes before the signing ceremony, the American president had approached [Begin] with ‘Just one final formal item.’ Sadat, said the president, was asking that Begin put his signature to a simple letter committing him to place Jerusalem on the negotiating table of the final peace accord.  ‘I refused to accept the letter, let alone sign it,’ rumbled Begin. ‘If I forgot thee O Jerusalem, let my right hand forget its cunning,’ said [Begin] to the president of the United States of America, ‘and may my tongue cleave to my mouth’ (The Prime Ministers – An Intimate Portrait of Leaders of Israel, 2010)”

In 2021, Prime Minister Bennett should follow in the footsteps of Israel’s Founding Father, Ben Gurion, who stated: “Jerusalem is equal to the whole of the Land of Israel. Jerusalem is not just a central Jewish settlement. Jerusalem is an invaluable global historical symbol. The Jewish People and the entire world shall judge us in accordance with our steadfastness on Jerusalem (“We and Our Neighbors,” p. 175. 1929).”

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President Biden’s pressure and Israel’s Judiciary Reform

Israel’s proposed Judiciary Reform ranks very low on President Biden’s order of priorities, far below scores of pressing domestic, foreign and national security threats and challenges.

Therefore, he has not studied the various articles of the reform, but leverages the explosive Israeli domestic controversy as a means to intensify pressure on Israel, in order to:

*Gradually, force Israel back to the 1967 ceasefire lines;
*End Jewish construction and proliferate Arab construction in Judea and Samaria (the West Bank);
*Advance the establishment of a Palestinian state on the mountain ridges of Judea and Samaria, which overpower the coastal sliver of pre-1967 Israel;
*Re-divide Jerusalem;
*Prevent game-changing Israeli military actions against Palestinian terrorists and Iran’s Ayatollahs.

Israel’s Judiciary Reform and US democracy

If the President and his advisors had studied the proposed reform, they would have noticed the Israeli attempt to adopt key features of the US democratic system, which would end the current situation of Israel’s Judiciary as Israel’s supreme branch of government. The reform aims to provide Israel’s Legislature and Executive branches with the effective authority (currently infringed by the Judiciary) to exercise the responsibility accorded to them by the constituency.

For example:

*Israeli Supreme Court Justices should not be appointed – as they are today – by a committee, which is controlled by Justices (who possess a veto power) and lawyers, but rather by a committee, dominated by legislators;

*The Attorney General and the Legal Advisors of Cabinet Departments should be appointed (and fired) by – and subordinated to – the Executive, not the Judiciary. Their role should be to advise, and not to approve or veto policy matters, as it is today. Their advice should not be binding, as it is today.

*Supreme Court Justices should not be empowered to overturn Basic Laws (Israel’s mini-Constitution).

*Supreme Court Justices should have a limited power to nullify and overturn legislation.

*Supreme Court Justices should decide cases according to the Basic Laws and existing legislation, and not resort to the reasonableness of the legislation (which is utterly subjective), as is the case today.

*The Supreme Court should not be able to overturn legislation by three – out of fifteen – Justices, as is the case today.

*The Supreme Court should be supreme to lower level courts, not to the Legislature and Executive, as it is today.

President Biden’s pressuring Israel

*President Biden’s pressuring Israel reflects the return of the US State Department to the center-stage of policy-making. The State Department opposed Israel’s establishment in 1948, has been a systematic critic of Israel since then, and has been consistently wrong on crucial Middle East issues.

*This pressure on Israel represents the multilateral and cosmopolitan worldview of the State Department establishment, in general, and Secretary Blinken and National Security Advisor Sullivan, in particular. This worldview espouses a common ideological and strategic denominator with the UN, International Organizations and Europe, rather than the unilateral US action of foreign policy and US national security. It examines the Middle East through Western lenses, assuming that dramatic financial and diplomatic gestures would convince Iran’s Ayatollahs and Palestinian terrorists to abandon deeply-rooted, fanatic ideologies in favor of peaceful-coexistence, enhanced standard of living and good-faith negotiation.  Middle East reality has proven such assumptions to be wrong.

*President Biden’s pressure mirrors the routine of presidential pressure on Israel since 1948 (except 2017-2020), which has always resulted in short-term tension/friction and occasional punishment, such as a suspension of delivery of military systems and not vetoing UN condemnations of Israel.

*However, since 1948, simultaneously with presidential pressure on Israel, there has been a dramatic enhancement of mutually-beneficial defense and commercial cooperation, as determined by vital US interests, recognizing Israel’s unique technological and military capabilities and growing role as a leading force and dollar multiplier for the US. Israel’s unique contribution to the US defense and aerospace industries, high tech sector, armed forces and intelligence has transcended US foreign aid to Israel, and has eclipsed US-Israel friction over less critical issues (e.g., the Palestinian issue).

*The current bilateral friction is very moderate compared to prior frictions, such as the Obama-Netanyahu tension over the 2015 nuclear accord with Iran; the US’ brutal opposition to Israel’s bombing of Iraq’s and Syria’s nuclear reactors; the US’ ferocious resentment of Israel’s application of its law to the Golan Heights; the US’ determined opposition to the reunification of Jerusalem, and the renewal of Jewish construction in Judea and Samaria, the Golan Heights and Greater Jerusalem; and the US’ strong-handed pressure for Israel to withdraw to the suicidal 1947 Partition lines; etc.

*In hindsight, the US pressure on Israel was based on erroneous assumptions, which could have undermined vital US interests, if not for Israel’s defiance of pressure.  For example, Israel’s refraining from bombing Iraq’s and Syria’s nuclear reactors in 1981 and 2007 would have confronted the US and the world at-large with a potential nuclear confrontation in 1991 and a potential Syrian nuclearized civil war since 2011.

*Rogue Middle East regimes consider US pressure on Israel as an erosion of Israel’s posture of deterrence, and therefore an inducement to the intensified threat of terrorism and war, which gravely destabilize the region and undermine US interests (while advancing the interests of China, Russia and Iran’s Ayatollahs), threatening the survival of pro-US vulnerable oil-producing Arab regimes.

*Most Israeli Prime Ministers – especially from Ben Gurion through Shamir – defied presidential pressure, which yielded short-term friction and erosion in popularity, but accorded Israel long-term enhanced strategic respect. On a rainy day, the US prefers allies, which stand up to pressure, and are driven by clear principles and national security requirements.

*Succumbing to – and accommodating – US presidential pressure ignores precedents, overlooks Israel’s base of support in the co-equal, co-determining US Legislature, undermines Israel’s posture of deterrence, whets the appetite of anti-US and anti-Israel rogue regimes, and adds fuel to the Middle East fire at the expense of Israel’s and US’ national security and economic interests.

Support Appreciated

 

 

 




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