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BBSNews and JPost Columnist Discuss Iran Deal and Israel

BBSNews and Jerusalem Post columnist Robert B. Skarloff in favor of a US Congress Lawsuit discuss the Iran Deal and Israel

Eliahu Epstein to President Truman May, 14th, 1948. Image Credit: Truman Presidential Library.

Eliahu Epstein to President Truman May, 14th, 1948. Image Credit: Truman Presidential Library.

BBSNews 2016-01-10 — By Michael Hess. I was perusing the news in Israel yesterday and I came across an article at the Jerusalem Post by Robert B. Skarloff who is advocating that the U.S. Congress sue the Obama administration in yet another bid to end the “illegal” Iran deal. I won’t get into much detail about it but suffice it to say that when I commented on the article, writing that I was surprised that JPost would even print his “nonsensical rant” he got offended and responded back to me.

“It can be blocked, and invoking globalism is a classically-leftie evasion; if you cannot refute the specifics of what I painstakingly documented, you must concede [quoting Berra and/or Lombardi] that ‘It ain’t over ’til it’s over!'”

Not being one to concede, nor being one to miss an opportunity to point out (with many links to primary documents) that Israel has far more pressing issues than Iran, I responded thusly:

Using terms like “classically-lefty evasion” does intimidate me terribly but I’ll try to go on. I use primary documents on a daily basis to prove my points yet they often will not sway the most ardent of ideologues. And that is very very dangerous.

You use made up nonsense like there is such a place as Judaea and Samaria. This is the stuff of nonsense, it is Palestine under the law. It is eroding ethical Judaism to just keep flying into the face of the law and the bedrock international legal principle of ‘territory acquired by war is inadmissible.’

Here’s the quickest way to watch this comment disappeared because it is terrifying to most informed people who are not against Israel about what the truth in law actually reflects, and how the record from primary source documents show that mandatory Palestine is and was a state, held in trust as a sacred duty and entrusted to Britain to administer. Documentation of this exists dating back decades and was referenced both during Palestine’s recognition as a UN Observer State in 2012 and in a monograph at the International Criminal Court.

In deference to the Jewish people and a fulfillment of the promise made in Balfour in 1917, UNGA 181, the partition resolution was introduced in 1947 as a solution to growing strife stemming from yishuv born Irgun terrorists and Lehi assassinations. They were terrorist groups operating against the British who administered the trust of the Mandate, trying to drive them (and the Palestinians) out of Palestine.

Draft recognition of the state of Israel with markups by President Truman, May 14th, 1948. Image Credit: Truman Presidential Library.

Draft recognition of the state of Israel with markups by President Truman, May 14th, 1948. Image Credit: Truman Presidential Library.

Israel readily accepted UNGA 181 and that was what they transmitted to President Truman from the nascent state, it is enshrined in the Israeli declaration of independence. A few days after Israel was declared a state, Israel testified to a questionnaire from the UN Security Council that they fully understood the borders to be UNGA 181 borders and that outside of those borders they would abide by international law.

Key Facts Going Forward

Those that insist on trying to keep the squatters outside of Israel over in Palestine are endangering the very foundation of the actual state of Israel under 181, a very shaky foundation at that as I just pointed out. It would be great if I read something in JPost that told all of you the truth for the first time. Although to its credit I do remember a piece written about the absolute illegality of the settlements which of course was met with derision by those who would sell the state dearly held for the illegal colonies.

In this day of human rights and international law and lawyers parsing results, this is not going to go away, it will continue to grow to an unimaginable crescendo. BDS is making great strides and some sounding not that savory as I have warned about for years. Young Israeli Jews like Bethany Koval have come out in the face of withering criticism and threats of legal action even here in the United States to continue to protest for the human rights of millions of Palestinians.

The legal and factual timeline of the history of the state is being increasingly questioned by the most well-meaning. A durable peace based on the rule of law and a framework such as the Arab Peace Initiative is imperative ten years ago.

It’s going to have to happen soon or far more sinister forces than wide-eyed young idealists are going to grasp the facts from the past and use them as a cudgel as we are already seeing around the world including in the US and Israel with right wing bigoted and xenophobic extremists gaining ground as political candidates using them.

I have warned about this for years now yet no one in Israel is strong enough to bite the bullet, and end the illegal occupation of Palestine. Palestine was a state held in trust, Israel was created within that state, such a foundation is simply too crumbling to also shoulder the moral and legal wrong of the occupation and theft of land and resources from millions of people.

Suing the Obama Administration for the Iran Deal is Not available

As far as your notion that the US Congress is going to destroy the full faith and confidence in the United States being able to negotiate and join in a world treaty, good luck with that. I am not even sure if Donald Trump, Mr. Art of the Deal is that unhinged. And at the end of the day, Iran has rights and the legitimate state need to protect itself as does Israel, and that’s been a long world consensus. Even the Washington Times, that bastion of left wing thought wrote about John Boehner’s threat to sue last year [*and would they even have standing to do so]:

“‘It’s hard to see who would,’ said Stephen I. Vladeck, a professor at American University’s Washington College of Law who specializes in national security law. ‘This is the exact kind of dispute that has historically been left to the political branches to work out between themselves.'”

The United States has done an enormous number of favors for Israel ever since President Truman recognized the state under the borders of UNGA 181 in 1948. But obstructing a US President from discharging his Constitutional duties by suing the Obama administration over a treaty agreement negotiated between the five permanent members of the Security Council, plus Germany with Iran is not one of them.


[Editor’s Note: The original comment wrongly called the Iran agreement a “treaty,” that is misleading. *I also should have been more clear on the lack of standing that Congressional leaders would have in suing the administration over the Iran deal, they would have to prove an injury of some sort.]

In addition, I tried to notify Robert of the link to this article and a rebuttal to his attempt at conflating a federal court decision about the ACA to the Iran deal but they will not let the comment through. I figured as much, most people do not understand that Israel does not have a free press, everything has to go through a military censor, which might explain why so many Israeli have no clue just how precariously perched the state of Israel is right now. This is the comment I tried to post three times:

“I replied but as I expected, JPost blocked it. Your bait and switch with the ACA ruling and the Iran deal will do you no good. Congress could not block it as I would have pointed out from the CNN article about it, and of course JPost would not let the truth through or the link to my article, can’t let anything interfere with the state propaganda and censorship you know.

I tried to give you just the headline to the CNN article, “Senate Republicans’ last gasp on Iran nuclear deal fails” CNN September 17th, 2015 but JPost can’t let anything like that through the IDF censor either.

And they certainly would not let anything through that explains where Israel actually came from and how Palestine was a state twenty years before Israel was even close, why that would not be cricket would it?

See: http://bbsnews.net/2016-01-10/bbsnews-and-jpost-columnist-discuss-iran-deal-and-israel/25818 Oh Wait! You won’t be able to see this because JPost censors links! Yes, such a free and democratic nation just like the US right Robert?”