Thursday, December 12, 2019

"LOUD NOISES!"



So it turns out the EO Trump made so much noise about, and Alan Dershowitz made so much noise about, and Jared Kushner made so much noise about, is not even a fart in a hurricane.  It is, in fact, nothing:

The text of the order, which leaked on Wednesday, does not redefine Judaism as a race or nationality. It does not claim that Jews are a nation or a different race. The order’s interpretation of Title VI—insofar as the law applies to Jews—is entirely in line with the Obama administration’s approach. It only deviates from past practice by suggesting that harsh criticism of Israel—specifically, the notion that it is “a racist endeavor”—may be used as evidence to prove anti-Semitic intent. There is good reason, however, to doubt that the order can actually be used to suppress non-bigoted disapproval of Israel on college campuses.

Of course Trump and Kushner and Dershowitz would love for you to think otherwise, because Trump is desperate to buy votes, and the contempt he displayed here:
Needs to be replaced as publicly as possible; and as falsely, apparently.  He wants, in other words, to buy votes wiTH counterfeit coins.  And not even Jewish ones; he made a point of singling out Robert Jeffress and evangelicals in general as beneficiaries of this non-change in policy that won't really do anything about BDS on college campuses.  (The State of Texas is caught up in a similar attempt to ban state contracts with companies that boycott Israel, but it's not working out that well in practice or in the courts.   Apparently Trump's EO doesn't even go that far.).  The analysis is a bit detailed, but let me try to point out the main tenet from the Slate article:

But the order only directs agencies to consider the IHRA’s list “to the extent that any examples might be useful as evidence of discriminatory intent.” In other words, applying double standards to Israel alone would not trigger a Title VI investigation. Instead, the IHRA’s list would only come into play after an individual is accused of overt anti-Semitism with an ethnic component, and then only as evidence of bigoted intent. Moreover, the order states that agencies “shall not diminish or infringe upon any right protected under Federal law or under the First Amendment” in enforcing Title VI. Because political criticism of Israel is plainly protected speech, the impact of the order’s revised definition of anti-Semitism will likely be limited.
First, this is an EO, not a law; the President can only direct agencies in following the law; he can't rewrite the reach of existing laws.  Second, "overt anti-Semitism" is required, and then only to prove "bigoted intent."  In other words, you can't declare a BDS rally to be "overt anti-Semitism" per se, which is how the Times reported it and Trump, Dershowitz, and Kushner want you to take it.  And then there's the explicit language in the EO itself about the First Amendment, which pretty much shuts down any idea that this EO bans BDS protests or rallies or even groups sympathetic from meeting on campus.  Trump said this will cost colleges money, but they have lawyers themselves, and they will know better.

In fact, it’s unclear whether Wednesday’s order will have any impact, given that it mostly just reaffirms the current law. 

Yeah, pretty much.  Rather like the GOP screamers in the House Judiciary hearing this morning, this is just more empty and inflammatory rhetoric.  Do Trump, Dershowitz, or Kushner understand this?  No, probably not; and I freely apply that skepticism even to Dershowitz, who has displayed not even common sense in his public statements for decades now.

I'm literally old enough to remember when our country was at least better than this.
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