In Voting to Condemn Goldstone Report, 344 House Members Pass AIPAC “Litmus Test”

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In Voting to Condemn Goldstone Report, 344 House Members Pass AIPAC “Litmus Test”

WRMEA Archives 2006-2010 - 2010 January-February

Congress Watch, Pages 18-19, 22

In Voting to Condemn Goldstone Report, 344 House Members Pass AIPAC “Litmus Test”

By Shirl McArthur

ON OCT. 23, Reps. Howard Berman (D-CA) and Ileana Ros-Lehtinen (R-FL), staunch defenders of Israel’s right to flout international law, introduced the non-binding H.Res. 867 “calling upon the president and the secretary of state to oppose unequivocally any endorsement or further consideration of the ‘Report of the United Nations Fact Finding Mission on the Gaza Conflict’ [the Goldstone Report] in multilateral fora.” The resolution charges that the report is “irredeemably biased and unworthy of further consideration or legitimacy.” The resolution was passed by the House under “suspension of the rules” (permitting no amendments but requiring a two-thirds vote) on Nov. 3 by a roll call vote of 344-36, with 22 voting “present” (abstaining) and 30 members absent.

The Goldstone Report charges Israel and Hamas with “war crimes as well as possible crimes against humanity” during Israel’s assault on Gaza last December and January. It recommends that the United Nations Human Rights Council endorse its recommendations and refer the report to the U.N. Security Council, the International Criminal Court, and the U.N. General Assembly for further action. It recommends that Israel and Hamas launch their own investigations of the report’s findings and report back to the Security Council within six months. The U.N. General Assembly adopted the report on Nov. 6 by a vote of 114-18, with 44 abstentions (the U.S. voted “no”; France and Britain both abstained). The General Assembly resolution calls for the Security Council to take action if Israel and the Palestinian Authority (PA) do not take “independent and credible” investigations into their behavior within the next three months. (For more on the Goldstone Report and on the background and qualifications of Justice Richard Goldstone see Ian Williams’ article in the December 2009 Washington Report, p. 14.)

On Oct. 29 Goldstone wrote to Berman citing in detail the distortions and, in some cases, outright lies (Goldstone used the terms “factually incorrect” or “devoid of truth”) in 14 of H.Res. 867’s 35 “whereas” clauses. Then, on Nov. 2, the Capitol Hill publication Roll Call published a commentary by Rep. Brian Baird (D-WA) under the headline, “Israel and Gaza Deserve Better than H.Res. 867,” urging his colleagues to vote against the resolution. Baird and Rep. Keith Ellison (D-MN) were the first House members to visit Gaza after the Israeli onslaught and saw “first hand the devastating destruction of hospitals, schools, homes, industries and infrastructure.” Baird went on to say, “although the [report’s] findings may be unpleasant and troubling, they are, unfortunately, consistent with the facts and evidence. In my judgment, far from meriting the obstruction called for in H.Res. 867, the Goldstone report is without question worthy of further investigation.”

Perhaps Goldstone’s letter and Baird’s column had some effect, however, since the 58 “nay” and “present” votes were considerably more than pro-Israel “litmus test” measures usually receive. Sixteen members, all Democrats, spoke on the floor opposing or expressing reservations about the resolution: Reps. Baird, Lois Capps (CA), William Delahunt (MA), John Dingell (MI), Donna Edwards (MD), Ellison, Sam Farr (CA), Dennis Kucinich (OH), Barbara Lee (CA), Betty McCollum (MN), Jim McGovern (MA), George Miller (CA), Gwen Moore (WI), Jim Moran (VA), David Price (NC) and Lynn Woolsey (CA).

Those voting no were Reps. Baird, Tammy Baldwin (D-WI), Earl Blumenauer (D-OR), Charles Boustany (R-LA), Capps, Andre Carson (D-IN), Yvette Clarke (D-NY), William Clay (D-MO), Geoff Davis (R-KY), Dingell, Lloyd Doggett (D-TX), Edwards, Ellison, Bob Filner (D-CA), Raul Grijalva (D-AZ), Maurice Hinchey (D-NY), Eddie Bernice Johnson (D-TX), Carolyn Kilpatrick (D-MI), Kucinich, Lee, Stephen Lynch (D-MA), McCollum, Jim McDermott (D-WA), McGovern, George Miller, Moran, John Olver (D-MA), Ed Pastor (D-AZ), Ron Paul (R-TX), Price, Nick Rahall (D-WV), Vic Snyder (D-AR), Pete Stark (D-CA), Maxine Waters (D-CA), Melvin Watt (D-NC) and Woolsey.

Abstaining were Reps. Xavier Becerra (D-CA), Jim Cooper (D-TN), Kathy Dahlkemper (D-PA), Peter DeFazio (D-OR), Delahunt, John Duncan (R-TN), Anna Eshoo (D-CA), Farr, Martin Heinrich (D-NM), Mazie Hirono (D-HI), Michael Honda (D-CA), Hank Johnson (D-GA), Walter Jones (R-NC), Marcy Kaptur (D-OH), David Loebsack (D-IA), Zoe Lofgren (D-CA), Ben Lujan (D-NM), David Obey (D-WI), Jackie Speier (D-CA), John Tierney (D-MA), Peter Welch (D-VT) and David Wu (D-OR).

Congress Stays Mostly Quiet on Afghanistan

While President Barack Obama decided which of several options (none of them good, since he had already rejected the option of withdrawing troops) he wants to pursue in Afghanistan, most members of Congress had little to say. However, on Oct. 28 Woolsey, on the floor of the House, warned that “the hawks are squawking for war again,” and “they want him to shoot first and ask questions later.” She pointed out that “continuing the military-only strategy will fuel anti-Americanism.” Also, on Nov. 18 Reps. Walter Jones, Steve Kagen (D-WI), McGovern and Paul held a one-hour session, led by Kagen, on the House floor opposing further U.S. military involvement in Afghanistan. Congress needs to know the exit strategy, McGovern argued: “When the president…comes up with his policy, he needs to tell us how this all comes to an end, because I think that is the responsible thing to do.”

But H.R. 3699, which would “prohibit any increase in the numbers of members of the United States Armed Forces serving in Afghanistan,” introduced in October by Lee, has gained only one co-sponsor and now has 24, including Lee. Meanwhile, on Oct. 15 Obama signed S. 1707, authorizing $1.5 billion per year for five years in economic and military aid to Pakistan. The measure includes stringent accountability and monitoring provisions, which initially were criticized by Pakistan’s military and opposition political leaders.

Some Iran Sanctions Bills Forge Ahead…

On Oct. 14 the House passed by a roll call vote of 414-6, under “suspension of the rules,” the previously described H.R. 1327, introduced by Rep. Barney Frank (D-MA). It would “authorize state and local governments to direct divestiture from, and prevent investment in, companies with investments of $20,000,000 or more in Iran’s energy sector.” When passed, the bill had 258 co-sponsors, including Frank. Its companion bill in the Senate, S. 1065, introduced by Sen. Sam Brownback (R-KS), has gained five co-sponsors and now has 40, including Brownback.

Also making progress were H.R. 2194, introduced by Berman, and S. 908, introduced by Sen. Evan Bayh (D-IN), the AIPAC-pushed bills that would increase the level of financial penalties against Iran and would include as sanctionable activities aiding in the development of Iran’s petroleum resources or providing or facilitating the export of refined petroleum resources to Iran. As mentioned in the December Washington Report, House Foreign Affairs Committee (HFAC) chairman Berman (“Even before I was a Democrat, I was a Zionist”) said in September that “absent some compelling evidence as to why I should do otherwise,” he would “mark up” (have his HFAC take action on) H.R. 2194 in October. Berman held the mark-up session on Oct. 28. However, in announcing the mark-up date, he indicated that he did not think the bill should be passed yet, saying that he viewed “this legislation as the fourth best option to stop Iran from developing a nuclear weapons capability,” after diplomatic engagement, multilateral sanctions endorsed by the U.N. Security Council, or sanctions imposed by “a group of like-minded nations.” The HFAC ordered the bill to be reported out to the full House, but it was also referred to three other House committees, which have not yet dealt with it. Meanwhile, H.R. 2194 has gained 10 co-sponsors and now has 338, including Berman, and S. 908 has gained one co-sponsor and now has 77, including Bayh.

While Three New Iran Sanctions Bills Are Introduced

In the Senate on Nov. 19, Banking Committee chairman Chris Dodd (D-CT) finally introduced S. 2799, his previously announced new, comprehensive Iran sanctions bill. It would “expand the Iran Sanctions Act of 1996 to provide for the divestment of assets in Iran by state and local governments and other entities, to identify locations of concern with respect to transshipment, re-exportation, or diversion of certain sensitive items to Iran.” Dodd had held a mark-up session on his bill on Oct. 29, and the Banking Committee reported it to the full Senate for action on Nov. 19.

In the House, two variations of Iran sanctions bills were introduced in October. On Oct. 15 Rep. Trent Franks (R-AZ) introduced H.R. 3832, which would expand economic sanctions against Iran to include refined petroleum products and foreign exchange, banking and property transactions. It also would direct the secretary of defense to “develop military options to prevent Iran’s development or deployment of a nuclear weapons capability.” H.R. 3832 has 26 co-sponsors, including Franks.

The other bill, H.R. 3922, introduced by Rep. Ron Klein (D-FL) on Oct. 23, targets American companies receiving U.S. government money, including “bailout” money. It would require each executive agency to ensure that any contract for goods or services or agreement to use federal money as part of a grant, loan or loan guarantee include a clause that the company certifies that the company does not conduct certain defined business operations in Iran. The bill has 41 co-sponsors, including Klein.

But Other Sanctions Bills Languish

Most of the other previously described measures targeting Iran, however, have made no progress. Only the non-binding H.Res. 782, introduced by Rep. Hank Johnson (D-GA) on Sept. 29, and H.R. 3611, introduced by Rep. Paul Broun (R-GA) on Sept. 22, have gained co-sponsors. H.Res. 782, which now has 55, including Johnson, would “demand that the government of Iran immediately disclose the existence of any additional nuclear-related facilities and provide unfettered access to its Qom enrichment facility.” H.R. 3611 now has 50 co-sponsors, including Broun. It would “restrict the diplomatic travel of officials and representatives” of countries designated as state sponsors of terrorism by limiting them to no more than one-half mile of the U.N. complex between 42nd and 48th streets in Manhattan, with exceptions for direct travel to and from JFK Airport and to and from their lodgings. The bill includes a presidential waiver provision.

Money Bills Include Iran Provisions, Goodies for Israel

The foreign aid and defense appropriations bills have not been approved by Congress as this is being written. The defense appropriations bill is in conference, but the Senate has yet to act on the foreign aid bill. It is likely that the defense conference report will be issued and approved by the time this issue reaches readers, but the foreign aid bill will likely be folded into an “omnibus” bill in December.

However, there are Iran and Israel-related provisions in other bills that have been approved. H.R. 2647, the defense authorization conference report, was approved by both houses in October and signed by the president on Oct. 29. Authorization bills do not provide funds; they authorize funds to be provided in appropriations bills. But they do carry the force of law, and there is ample room for mischief in their various provisions, especially the “general” provisions. Such provisions in the defense authorization bill include one providing for an annual report on Iran’s military power; one requiring a report by Jan. 21 describing U.S. diplomatic engagement with Iran and assessment of Iran’s seriousness; and one giving the “sense of Congress” that the president should consider additional, more restrictive sanctions if Iran fails to make progress toward complying with applicable Security Council resolutions and if the Security Council has not adopted meaningful additional sanctions. The bill also authorizes $144.63 million for “Israeli Cooperative Programs”—$25 million more than the president’s request.

Also, H.R. 3138, the energy appropriations conference report, was approved by both houses in October and signed by the President on Oct. 28. It includes a provision that no funds for the Strategic Petroleum Reserve may be provided to any person or company that is providing refined petroleum products to Iran or facilitating Iran’s importing or production of refined petroleum products. The measure also appropriates $2 million for U.S.-Israel energy cooperation.

And the agriculture appropriations bill, H.R. 2997, signed by the president on Oct. 21, even includes $700,000 for the Ohio-Israel Agriculture Initiative.

Companion Jerusalem, Arab Boycott Bills Introduced in Senate and House

Previously described was this year’s Jerusalem bill, H.R. 3412, introduced in the House in July by Reps. Dan Burton (R-IN) and Ros-Lehtinen. The companion bill, S. 2737, was introduced in the Senate on Nov. 5 by Brownback. As with H.R. 3412, it would remove the presidential waiver authority from the Jerusalem Embassy Act of 1995, and would withhold some State Department funding if the U.S. Embassy in Israel isn’t established in Jerusalem by fiscal year 2012. However, neither bill has gained much support. H.R. 3412 still has only three co-sponsors, and S. 2737 has only seven co-sponsors, including Brownback.

Also previously described was S. 1671, introduced in September by Sen. Lindsey Graham (R-SC) to expand reporting requirements on the Arab League trade boycott of Israel. It was joined by the identical H.R. 4046, introduced on Nov. 6 by Rep. Shelley Berkley (D-NV), the House’s queen of pro-Israel PAC contributions (see May/June 2009 Washington Report, p. 32). Both bills would require the U.S. trade representative to send to Congress a nine-part report on each country participating in a formal or informal boycott of Israel. However, these bills, too, have gained scant support. S. 1671 still has only three co-sponsors, including Graham, and H.R. 4046 has 10 co-sponsors, including Berkley.

Shirl McArthur is a retired U.S. foreign service officer living in the Washington, DC area.

SIDEBAR

Statement by Rep. Dennis Kucinich (D-OH) on the House Floor, Nov. 3, 2009, About H. Res 867, Condemning the Goldstone Report

“Today we journey from Operation Cast Lead to Operation Cast Doubt. Almost as serious as committing war crimes is covering up war crimes, pretending that war crimes were never committed and did not exist.

“Because behind every such deception is the nullification of humanity, the destruction of human dignity, the annihilation of the human spirit, the triumph of Orwellian thinking, the eternal prison of the dark heart of the totalitarian.

“The resolution before us today, which would reject all attempts of the Goldstone Report to fix responsibility of all parties to war crimes, including both Hamas and Israel, may as well be called the ‘Down is Up, Night is Day, Wrong is Right’ resolution.

“Because if this Congress votes to condemn a report it has not read, concerning events it has totally ignored, about violations of law of which it is unaware, it will have brought shame to this great institution.

“How can we ever expect there to be peace in the Middle East if we tacitly approve of violations of international law and international human rights, if we look the other way, or if we close our eyes to the heartbreak of people on both sides by white-washing a legitimate investigation?

“How can we protect the people of Israel from existential threats if we hold no concern for the protection of the Palestinians, for their physical security, their right to land, their right to their own homes, their right to water, their right to sustenance, their right to freedom of movement, their right to the human security of jobs, education and health care?

“We will have peace only when the plight of both Palestinians and Israelis is brought before this House and given equal consideration in recognition of that principle that all people on this planet have a right to survive and thrive, and it is our responsibility, our duty to see that no individual, no group, no people are barred from this humble human claim.”