by Mitchell Plitnick
Today, I’m asking my readers to please support the American Israel Public Affairs Committee (AIPAC). The group has been working hard on some new legislation and it’s really important to help get this bill to the floor of the Senate and the House.
According to a report in Buzzfeed, [...]]]>
by Mitchell Plitnick
Today, I’m asking my readers to please support the American Israel Public Affairs Committee (AIPAC). The group has been working hard on some new legislation and it’s really important to help get this bill to the floor of the Senate and the House.
According to a report in Buzzfeed, AIPAC has been working with congressional staff members for months on the bill, trying to find the formula for success. The bill would “…aim to prevent U.S. companies from participating in the (Boycott, Divestment and Sanctions against Israel) campaign without infringing on Americans’ First Amendment rights to political speech. It would also try to make the Transatlantic Trade and Investment Partnership being negotiated between the U.S. and E.U. conditional on whether the E.U. takes action to stop BDS.”
And how would they prevent US companies from participating in BDS? By “…authorizing states and local governments to divest from companies deemed to be participating in BDS,” and by denying “…federal contracts to such companies.” This bill should be at the top of the agenda for American activists in the United States who wish to see our country change its policies towards Israel and Palestine.
AIPAC hasn’t been doing very well of late. Their attempt to weasel a provision into another bill that would have allowed Israelis to enter the United States without a visa while Israel refused to make the same arrangement for US citizens raised a lot of hackles on Capitol Hill, even in some offices that are very AIPAC-friendly. The proposed provision was killed. AIPAC was unable to sway the Senate against the nomination of former Senator Chuck Hagel for Secretary of Defense. Nor has it been able to significantly impact the Obama administration’s efforts to reach an agreement with Iran on its nuclear program.
There have been a lot of failures lately, including the failure to get Congress to push hard for an attack on Syria last year. But this bill, if it ever reaches the floor, could be the biggest bust of all, with some serious ramifications for the powerful lobbying group.
Let’s just start with the First Amendment issues this raises. If this bill ever sees the light of day, AIPAC is going to try to convince people that it is similar to the laws passed forty years ago in response to the Arab League’s boycott of Israel. Put simply, it isn’t.
Those laws–the 1977 amendments to the Export Administration Act (EAA) and the Ribicoff Amendment to the 1976 Tax Reform Act (TRA)–were drawn up narrowly, to apply only in the case of abetting or cooperating with a boycott directed at Israel by other countries. The mentions of boycott “by a foreign nation” or similar words are so frequent that the meaning cannot be missed. This is no surprise, of course; Congress is loath to dictate to US businesses, and it is especially tricky where a national interest is not clearly and immediately at stake. So these laws were contrived so that they only barred supporting boycotts by foreign countries against Israel.
In the case of BDS, no government is running this program, not even the pseudo-governments of the Palestinian Territories. The Palestinian Authority (PA) has not endorsed boycotts of Israel and is, itself, completely incapable of boycotting Israeli goods and services. It is in most ways a captive market to Israel. Hamas has, frankly, paid little attention to such measures, though they have encouraged them rhetorically from time to time.
There is a call for BDS from Palestinian civil society, but that is not covered by the 1970s laws. Moreover, any law that would target BDS would need to be constructed in such a way so that it would not have made boycotts of Apartheid South Africa illegal. Those boycotts also came in response to a call from the African National Congress. If businesses could not engage in such activities, there would be great outrage.
So the Arab League boycott is moot as a basis for anti-BDS legislation. The right to boycott is also not limited by what the government decides is an acceptable boycott and what is not. People, and businesses, are free to choose with whom they will do business. Congress making such decisions violates the very essence of the First Amendment, and it is highly unlikely that such a law could pass as a result and, if it could, even less likely that it could withstand legal challenges.
The bit about the Transatlantic Trade and Investment Partnership (TTIP) is even more toxic. The point of TTIP is to make international trade between the United States and European Union easier, to reduce tariffs and lessen bureaucracy. The idea is to significantly improve the speed, and thus the volume and value, of trade between the two economic giants. Adding stipulations like ensuring that EU states are working against BDS is precisely what TTIP is designed to avoid. Whatever my own objections to TTIP (and they are many), it clearly holds great appeal for businesses on both sides of the Atlantic.
It is one thing for US citizens with influence in Washington to go along with the powerful lobbying forces defending Israel’s ability to act with impunity in the region; for the most part, that has not had a negative effect on trade. But this would be a very different matter. Now we are talking about AIPAC going up against powerful, domestic business interests. That is a whole new ballgame.
Even bringing the bill to the floor would demonstrate in a clearer way than ever before that AIPAC is willing to compromise US commercial interests and even one of the most cherished and basic freedoms the US prides itself on for the sake of Israeli interests.
Consider also that the overwhelming majority of boycott actions, divestment decisions and even popular proposals for sanctions against Israel have focused squarely on Israel’s occupation of the West Bank and Gaza. They have not targeted Israel as a whole, with the exception of some of the attempts at cultural and academic boycott. But these are not major concerns for Israel nor do they have the same impact potential as economic boycotts and divestment. So, the threat to free speech and to international trade that this bill represents would be demonstrably in the service of the settlement enterprise, the siege of Gaza and the occupation regime more generally. The mask would be off.
In reality, I very much doubt any such legislation is ever going to move forward, at least not from AIPAC. They know the problems as well as anyone and, while I don’t doubt that they are working constantly with their closest friends in Congress to see if something could work, I don’t think they’ll be successful. But if you want to see AIPAC suffer major damage, such a bill would do it. I can’t think of a better strategy to oppose AIPAC than to do everything we can to make sure this sort of doomed anti-BDS legislation hits the floor in Congress with a resounding thud.
]]>by Mitchell Plitnick
In an article published in The Hill, Mike Coogan reports that some of the key legislation that emerged from the American Israel Public Affairs Committee’s (AIPAC) 2013 annual policy conference is running into significant difficulties in Congress. The bills, which Lara Friedman only half-jokingly called [...]]]>
by Mitchell Plitnick
In an article published in The Hill, Mike Coogan reports that some of the key legislation that emerged from the American Israel Public Affairs Committee’s (AIPAC) 2013 annual policy conference is running into significant difficulties in Congress. The bills, which Lara Friedman only half-jokingly called the “Israel Best Ally With Benefits” bills, have not gained close to the overwhelming support that AIPAC has come to expect from Congress.
Indeed, more than five weeks after the United States-Israel Strategic Partnership Act of 2013 was introduced in the Senate, it has gathered only 18 co-sponsors. That’s a shockingly low total for a focal point of AIPAC lobbying. It has done better in the House of Representatives, with 171 co-sponsors, but given the more hawkish nature of the House, even that’s not a success by AIPAC’s standards.
While one shouldn’t make too much of this, it certainly seems like AIPAC reached a little too far with this bill. The main issue is a portion of the bill which, in the Senate version, would grant a US visa exemption for Israeli citizens without requiring a reciprocal arrangement from Israel. The US has visa exemption arrangements with 37 other countries, but all of them reciprocate.
Ron Kampeas quotes a staffer from a leading pro-Israel lawmaker in the US House of Representatives as saying that “It’s stunning that you would give a green light to another country to violate the civil liberties of Americans traveling abroad.”
The US concern is particularly profound after a Palestinian-American, who taught English at the Friends’ School in Ramallah, was barred by Israel in January from returning to her West Bank job after a trip to Jordan, despite having a visa that allowed her to leave and re-enter Israeli-controlled territory. Israel, undoubtedly, is concerned that a reciprocal agreement would compromise its ability to bar not only Palestinian-Americans, but also pro-Palestinian activists, from entering the country.
The House version of the bill does not exempt Israel from reciprocity, but merely calls on the Secretary of State to report to Congress on the extent of Israel’s compliance with the reciprocity requirement and “…what additional steps, if any, are required in order for Israel to qualify for inclusion in such program.” That may be one reason the House bill has done better.
The bill includes other troublesome aspects. Friedman points out that the Senate bill includes shockingly weak language in support of a two-state solution: “…language that disconnects the issue from U.S. national security interests and in doing so creates a formulation that inconsistent with the actual foreign policy of the Obama Administration or ANY previous administration.”
Even so, it remains surprising that a bill that emerged as a focal point from an AIPAC policy conference would have this much trouble. Coogan thinks this is a sign that AIPAC’s grip on Congress might be weakening.
It certainly adds to a sense that AIPAC might have reached a tipping point. Equally telling is what Coogan says about how AIPAC brought this bill to the Hill: “Numerous public reports and off-the-record accounts from legislators and staff signaled that the brazenness and late release of the Israel lobby’s legislative demands blindsided both individual members and various committees. Provisions appeared tone deaf and legally problematic, even among Israel’s strongest supporters.”
I haven’t been able to locate those “numerous public reports,” but my own sense from talking to people on Capitol Hill and other informed colleagues is that there is indeed some tension there. That’s on top of congressional bristling at AIPAC’s efforts to exempt aid to Israel from the sequestration cuts. Dylan Williams of J Street told The Forward that the possibility that AIPAC might try to lobby for exempting aid to Israel from the sequester “…seems a little tone deaf,” and that some Hill staffers were “surprised that some groups — that people from AIPAC — were asking for this.”
Does all this mean AIPAC is losing its grip? Probably not, but as members of Congress grow less enthusiastic about complying with AIPAC’s demands, the possibility that more politicians will test the widely-held but unproven maxim that opposing AIPAC is electoral suicide arises. That could make things very interesting.
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