Israel – The Wrongologist

The Red Sea Is Becoming A Bigger Problem

The Daily Escape:

Sunrise, Camden Outer Harbor, Camden, ME – February 2024 photo by Daniel F. Dishner Photography

A quick update to Wrongo’s column, “The End Of US Naval Superiority?” which concluded by saying:

“We don’t have sufficient deterrence to keep the Red Sea and thereby, the Suez Canal, open. We can’t do enough to the Houthis to make them back down. And we won’t be able to stop them with boots on the ground.”

That’s still true, and the military situation hasn’t gotten any better. Tim Anderson, Director of the Centre for Counter Hegemonic Studies, mused on Xitter that the Houthis might have a path of escalation if the US and UK keep striking at their missile and drone launch capacity by cutting the Red Sea’s internet cables. The Houthis have denied this, but that doesn’t matter. The possibility is now out there.

From The Middle East Eye: (brackets by Wrongo)

“Egypt is a major [undersea cable] chokepoint, handling traffic from Europe to the Middle East, Asia and Africa, and vice versa. The 15 cables that cross Egypt between the Mediterranean and Red seas handle between 17% to 30% of the world population’s internet traffic, or the data of 1.3 billion to 2.3 billion people.”

Does this mean that the Houthis have a path to escalatory dominance? We also learned from CNN that a few days ago, the USS Gravely had to use its Phalanx CIWS (Close-In Weapon System) against a Houthi cruise missile that had gotten to within a mile of the ship. The Phalanx is essentially the ship’s last layer of air defense against incoming attacks. The fact that the Houthis got a missile through the AEGIS system which is the ship’s primary defense against incoming attacks by air, must be really concerning to the Pentagon. Having the possibility of a US Navy ship getting hit by the Houthis would be something that the Chinese, Russian, and Iranian navies would be watching very closely.

The economic situation hasn’t improved either. The WSJ reports that the world’s oceans are seeing an interlocking set of maritime security crises from Europe to East Asia. This raises a troubling question: How difficult will it be to preserve freedom of the seas going forward? Here’s a map showing the way shipping routes have been altered in the last year:

This is exacerbated by the way the US Navy was sidelined during America’s decades of counterterrorism fascination. It makes it difficult to defend not just the shipping lanes but also undersea data cables and gas pipelines that are equally important to global economic output. More from the WSJ:

“Even if those ships can evade Houthi missiles, they can’t hide from insurers. The rate for war insurance through the Red Sea, once a tiny percentage of the total value covered, has ballooned to 1%, a difference that many shippers deem cost-prohibitive.”

The 10,000-mile-long alternative route, circumnavigating Africa, is so fuel-intensive that cargo ships pay steep climate taxes on arrival in Europe and risk scoring failing grades on the International Maritime Organization’s carbon report index.

Adding to shipping costs is the spiking of container rates. Here’s a chart (paywalled) from Statista:

While rates remain lower than they were in 2022, the fact that freight rates have spiked is a sign that the Houthi attacks are getting the desired effect, and that the maritime industry is taking them seriously.

This is an example less of asymmetric warfare than of asymmetric objectives. Briefly, the Houthis have a simple objective – trade disruption – which is straightforward to accomplish with relatively unsophisticated weapons. The West’s objective – freedom of navigation – is much more complex and requires a large, long-term presence with the ability to operate by land, sea and air, without ever having to seize the initiative.

As we’ve said previously, ships handle more than 80% of global goods. We seem unable to stop the Houthis. So it is likely that longer lead times on imported goods are right in front of us, along with more cost in delivering them.

This is another way in which Israel and Netanyahu specifically have dragged the US and the west into an escalating dilemma. There seem to be only two options: We end Israel’s destruction of Gaza as a means to eliminate Hamas, or we escalate in Yemen.

What will Biden and the US military say is our way out of the box we’ve gotten ourselves into?

That’s enough for this weekend. It’s time for our Saturday Soother, where we try to forget about Trump, Nikki Haley and the pile of hot steaming stuff that are the House Republicans. We do that by turning off the news for at least a few minutes. Here at the Mansion of Wrong, we remain undecided about when to take down our Christmas tree. The ornaments are packed away, but Wrongo likes looking at the lights in the evenings. Maybe just before company arrives for Super Bowl weekend.

To help on your way to unplug from the news, start by brewing up a vente cup of Frank Sumatra coffee ($13.95 for 12oz) from Camden, ME’s Coffee on the Porch. It is said to be a fun and lively roast with notes of nutmeg, dark chocolate, and a fruity zing. Who doesn’t like a fruity zing?

Now grab a seat by a window to watch and listen to Ravel’s “Boléro” performed by Prequell live in Paris. The backstory to this performance is that it was part of Paris’ 2017 campaign to host the 2024 Summer Olympics. The city wanted to create a moment combining the city’s history, culture and sporting spirit using the Seine river. One project was this performance of “Boléro” on a 100-meter track floating on the Seine.

It showcases French classical music with a floating orchestra, arranged in a straight line, playing Ravel’s “Boléro”. As you know, Paris was successful in its bid for the 2023 summer games.

Watch and listen to Ravel’s masterful earworm:

Biden’s Dilemma

The Daily Escape:

Highlands, Nantahala National Forest, NC – January 2024 photo by Michele Schwartz

The drone strike on a US base in Jordan killed three American troops and wounded at least 34 more. The base is called Tower 22. The attack has had several effects: First, it makes very real the likelihood of a widening conflict in the Middle East (ME). Second it has caused another partisan fire storm in US politics. Biden vowed to respond to the assault, blaming Iran-backed militias for the first US military casualties in the many similar strikes in the region since the start of the Israel/Hamas war. Here’s a map showing where the attack happened:

Basically, this is a logistics location for US troops in Syria at the US military base at al-Tanf, just 12 miles north of Tower 22. Tanf has been the key support location in the US effort to control ISIS in Syria and to contain Iran’s military build-up in eastern Syria. From AP News:

“Since the war in Gaza began Oct. 7, Iranian-backed militias have struck American military installations in Iraq more than 60 times and in Syria more than 90 times, with a mix of drones, rockets, mortars and ballistic missiles. The attack Sunday was the first targeting American troops in Jordan during the Israel-Hamas war and the first to result in the loss of American lives.”

The timing of this attack could hardly be worse. What began in October as a war between Israel and Hamas has now morphed with involvement by militants from four other Arab states. In addition Iran, Israel and Jordan all bombed Syria this month. Iran also bombed Pakistan, and Pakistan retaliated.

All of this is tit-for-tat in which American airstrikes against militias in Iraq or Syria, alternate with more militia attacks on the US installations. This illustrates the ME mission creep since last October. Whatever the original mission was for US troops in Syria, Jordan, and Iraq is now being sidelined as protection of the troop presence itself becomes the main concern.

All of these tit-for-tats carry an extreme risk of escalation into a larger conflict.

Iran has a network of proxy militias to project power across the ME. It is trying to support them while simultaneously trying to remain outside of the conflict. While Iran has tacitly accepted Israel’s targeting of Hamas, it has been loath to unleash Lebanon’s Hezbollah, fearing that Israel (or the US) will hit back at Iran directly. Iran would like to force Israel into a ceasefire in Gaza and force American troops out of the ME. So far, its proxies have achieved only an increased American presence.

If we assume that the Tower 22 hit was a deliberate hit, (the base has been there for several years), it’s certain that militias in the area knew where to hit it to achieve a maximum result. Expanding from that, the US has about a thousand bases scattered around the world that are used to influence local operations, etc. Up to now, the US has considered them as assets. But if they suddenly become targets, trying to defend them simultaneously will be as difficult as defending ships in the Red Sea: Impossible. On the other hand, they are excellent targets if the US wants to be provoked into attacking Iran.

If such attacks continue, the position of these bases is going to become untenable and will pose a massive political problem for Biden.

Biden has fallen into a trap. And worse, it is Israel that placed Biden in the trap by not even trying to find a way to de-escalate the war with Hamas and bring Israeli hostages home. Biden’s support for Israel and his gentle pressure on Netanyahu to stop killing Gazans hasn’t worked; it also helped Biden fall in the trap. Biden should stop letting Bibi lead him around by the nose.

Biden can retaliate directly inside Iran, which will likely escalate the tit-for-tat attacks. And if taken as far as certain Republican pols want to go, it will endanger the Straits of Hormuz and risk doubling oil prices.

Worse in some ways, direct retaliation inside Iran might lead Russia to announce Iran is under full protection of Russia’s nuclear umbrella. That would make the Russia-China-Iran axis a concrete and formidable enemy. That would be a terrible outcome, even though some American Neo-cons have been making noises about being able to “win” a nuclear war. Here are some Republican chicken hawk suggestions about Iran:

Sen. Roger Wicker (R-MI):

“We must respond to these repeated attacks by Iran and its proxies by striking directly against Iranian targets and its leadership. … It is time to act swiftly and decisively for the whole world to see.”

Sen. Tom Cotton (R-AK):

“The only answer to these attacks must be devastating military retaliation against Iran’s terrorist forces, both in Iran and across the Middle East.”

Rep. Andy Biggs (R-AZ) wrote:

“Joe Biden has emboldened Iran and shown weakness on the global stage. We have to have a stronger Commander-in-Chief.”

Talk is always cheap, and most of this is political theater. Biden could also conduct limited retaliatory missions against the actual militias in Syria who US Intelligence says attacked Tower 22. Whatever he does, Biden will suffer inevitable attacks from Republicans at home. All this with less than eleven months to go before Election Day.

As of now it isn’t clear how Biden intends to respond. In the past, when Trump targeted Quds Force General Qassem Soleimani, and other Iranian interests, the US conducted these actions outside of Iranian territory. Iran’s denial of direct involvement in the attack complicates the situation and makes it less likely that Biden will attack inside of Iran.

Striking militia leaders outside of Iran will cause Republicans to question the effectiveness of Biden’s tactics. The US has employed this type of retaliation in the past, but it hasn’t significantly curbed Iran’s or its proxies’ aggressive actions.

We need to keep perspective on the Tower 22 deaths. Republicans should remember that 48,000 Americans are killed by Americans with American-made guns every year. Of course our three soldiers should be honored, and we should retaliate. But if the loss of American lives is the big deal the Republicans say it is, then their indignation should be directed here at home in addition to in Jordan.

Otherwise, it’s false indignation.

All of us should remember that we have failed in every mission in the ME. We only accomplish growing our list of enemies like the Taliban, Al Qaeda, ISIS, Hamas, Hezbollah, the Houthis, Iran, Syria and whoever comes next if we stick around.

Welcome To MLK Weekend

The Daily Escape:

Housatonic River, near Appalachian Trail, Bulls Bridge, CT – January 2024 photo by Jane Haslam

We’re into the MLK, Jr. holiday weekend, during which Wrongo, Ms. Right and our extended families and friends are gathering to observe Wrongo’s 80^th birthday which occurred late last year. That means this column will be brief but paradoxically, unfocused.

In addition to MLK’s birthday, is anyone else worried about the expansion of the Israel/Hamas war into the Red Sea? From NBC:

“The United States and Britain launched military strikes against the Houthi rebels in Yemen on Thursday, after weeks of mounting attacks (on commercial shipping) by the Iran-backed militant group in the Red Sea.

The strikes, carried out from land and sea, threatened an expansion of the conflict in the Middle East beyond Israel’s war in Gaza — an escalation the Biden administration and its allies have been working to avoid.”

Nothing about this should be surprising. Houthi leadership have been near-begging for airstrikes against them for the last month, given their continued attacks on international ships attempting to use the Red Sea to transit the Suez Canal.

The reaction so far has been as expected. The Houthis have pledged retribution. Pro-Palestinians claim this is the start of WWIII. Some Republicans in Congress say this strike is not authorized, but Wrongo isn’t sure that was necessary.

Anyone who looks at America’s history with cruise and tomahawk missile attacks knows that they are not particularly effective at taking out land-based military installations. It doesn’t seem particularly likely that these strikes will either prevent or deter attacks on shipping in the Red Sea. But it also doesn’t seem likely to escalate things much beyond where we are right now.

America’s military often says “something must be done, and this is something”, and this seems to be another example. And the alternative of confining ourselves only to defensive responses may not have been any better.

Either way, we seem to be looking at a larger and more long-term military presence in the Red Sea. If the Houthi leadership wants to be part of the Israel/Hamas war, then they’re going to be a part of it. Whether the Houthis benefactor Iran wants them to attack global shipping companies is an unanswered question for now.

Is the Iranian leadership about to start a war? The real question is with whom? Iran has a very highly educated population and a diaspora of people waiting to help push the theocrats out if those theocrats slip up. Iran’s options (in a war) would be the many countries that they share land borders with. Those are Russia, Afghanistan, Iraq (who they fought with for 10 years), Turkmenistan, and Pakistan, (a nuclear power). Also Turkey, (in NATO), Azerbaijan and Armenia.

Among countries they don’t share a land border with, are the Saudis or Israel or US, all of which would likely result in Iran getting at least some of the shit bombed out of them. So a war started by Iran seems unlikely, but “Houthis disrupt global shipping from Yemen” was not on Wrongo’s 2024 bingo card, and it’s still January

Since it’s Saturday, let’s close with a musical statement that echoes MLK’s enduring message. Watch and listen to “Keep Your Eyes On The Prize“, a folk song from the American civil rights movement.

The song was composed as a hymn before World War I, but the lyrics in this version were written by civil rights activist Alice Wine in 1956. It is based on the traditional song, “Gospel Plow”, which is also known as “Hold On”, and “Keep Your Hand On The Plow”.

In this version from 2006, Bruce Springsteen starts on vocals, but when Marc Anthony Thompson (with hat) joins him, it becomes a great soul-stirring anthem. Thus, an instructional guide for all of us:

Sample lyrics:

Paul and Silas bound in jail
Had no money to go their bail
Keep your eyes on the prize
Hold on

Paul and Silas thought they were lost
Dungeon shook and the chains come off
Keep your eyes on the prize
Hold on

Freedom’s name is mighty sweet
And soon we’re gonna meet
Keep your eyes on the prize
Hold on

I got my hand on the gospel plow
Won’t take nothing for my journey now
Keep your eyes on the prize
Hold on

The only chain that a man can stand
Is the chain of hand on hand
Keep your eyes on the prize
Hold on

Wrongo’s Seen Enough

The Daily Escape:

Tini Martini Bar, St. Augustine, FL – December 2023 photo by Rosie Taylor Photography. Wrongo and Ms. Right have had many martinis there in the recent past.

Wrongo has seen enough. The US must change direction in its support for Israel’s war in Gaza. This isn’t an easy decision. Israel has suffered mightily at the hands of Hamas in Gaza and at the hands of Hezbollah in Lebanon with its backer, Iran.

Wrongo has written about the lack of proportionality in Israel’s attacks in Gaza. Now that the war is two+ months old, there can be little doubt that by turning about half of Gaza into a parking lot, Israel’s war is at least as much about uprooting Palestinians as it is about destroying Hamas.

It would be naïve to think that cutting off (or reducing) American funding to Israel would materially improve the chances of Palestinian statehood. And the prospects of that happening have been decreased both by Israel’s disproportionate response to 10/7 and by Netanyahu’s explicit opposition to any form of Palestinian statehood post-hostilities.

Unless the war is ended soon, it will widen beyond Gaza.

It’s already heating up in Lebanon with Hezbollah firing more than 1,000 different types of rockets, missiles, drones, and mortars toward Israel since October 8. Newsweek asked how close Israel was to full-scale war in Lebanon. Israel’s spokesperson said:

“…we could have been at war with Hezbollah…based solely on their actions, their violation of Israeli sovereignty and the casualties that they have caused…”

The tempo of attacks along the boundary between Israel and Lebanon are at levels not seen since the IDF and Hezbollah fought in 2006. Axios reports that Israel told the Biden administration it wants Hezbollah to move six miles back from its border, far enough that they will not be able to fire at Israeli towns along the border. But why would Hezbollah agree?

In Yemen, the Houthi are attacking ships transiting the Red Sea. The US announced a new multinational security initiative aimed at protecting ships in the Red Sea from Houthi attacks. Apparently it’s mostly a PR effort. Politico reported that three additional US destroyers have been moved into the Mediterranean Sea and a Carrier Strike Group vessel has been moved into the Gulf of Aden. Attacks by Houthi militants have prompted Maersk and Mediterranean Shipping Company (MSC) (both are container shipping companies) to avoid the area.

And inside the Israel/Hamas war in Gaza, CNN reports that an IDF sniper killed a mother and daughter inside the Holy Family Parish in Gaza on Saturday. Seven others were wounded in the attack on the complex, which is housing most of Gaza’s Christian families seeking safety. Pope Francis condemned it.

Also, Kamal Adwan Hospital in northern Gaza is no longer functioning and patients including babies have been evacuated, Reuters reported. Last week Israeli forces used a bulldozer to smash through the outside of the hospital.

Israel itself is roiled by the deaths of three Israeli hostages who were mistakenly killed by the IDF in Gaza. Apparently one was carrying a stick with a white cloth says the BBC. This sparked angry protests in Tel Aviv, where thousands of people called for a truce, chanting “Bring them home now“.

Netanyahu refused, saying Israel only had leverage if they continued to fight:

“Military pressure is necessary both for the return of the hostages and for victory. Without military pressure…we have nothing…”

For its part, Hamas said it will not release hostages until the war ends and Israel accepts its conditions for an exchange of 7,000 Palestinian prisoners, which Netanyahu says is a non-starter.

Biden is beginning to get uncomfortable. Recent polling by New York Times/Siena College shows that:

“Voters broadly disapprove of the way President Biden is handling the bloody strife between Israelis and Palestinians….with younger Americans far more critical than older voters of both Israel’s conduct and of the administration’s response to the war in Gaza.”

Here’s a chart from the NYT:

But among young voters, 46% sympathize more with the Palestinians, against 27% who favor Israel. Only 28% of those between the ages of 18 and 29 said Israel was seriously interested in a peaceful solution to the broader conflict, while older voters had far more faith in Israel’s intentions and less in the Palestinians’. Biden sees this and is casting blame on the hardline members of Netanyahu’s war cabinet more than on the prime minister:

“One of the things that Bibi understands, but I’m not sure…[Israel’s Minister of National Security Itamar] Ben-Gvir and his War Cabinet do…they’re starting to lose that support by the indiscriminate bombing that takes place…”

More Immigration Disinformation

The Daily Escape:

Pemaquid Point Lighthouse, ME – December 2023 drone photo by Rick Berk Photography

There are plenty of newsworthy items as we end another week. You can read about them all over the internet. Wrongo wants to highlight just one: The Dow Jones index is up 29% since bottoming on Sept. 30, 2022, climbing to a new all-time high.

This is mostly due to the announcement by the Federal Reserve on Wednesday that in all likelihood, there will be no more increases in interest rates, and that there may be as many as three interest rate reductions in 2024.

Professional investors aren’t following the Dow, but it remains a mental benchmark that many Americans use to gauge the health of the stock market and the economy. So accept good news when it shows up.

Today we return to the topic of illegal immigration. As Wrongo writes this, there is still no deal on immigration, which is thought to be the hold-up on funding for Ukraine and Israel. From Semaphore:

“GOP negotiators said they believed they were making progress in securing a border policy package that’s tilted toward conservative priorities….They also welcomed the…Democratic attacks on the negotiations…..’There are several Democrats that have spoken against it,’ GOP Sen. Thom Tillis, (R-NC) told Semafor. ‘That means we’re hitting the right sort of tone.’”

Wrongo mentioned that it is very difficult to find facts from either side in the immigration debate. One constant refrain from the Right is that terrorists are slipping over the southern border, posing an existential threat to America, and it’s all Biden’s fault. From CBS:

“Republican lawmakers, GOP White House hopefuls and conservative media figures have argued that the Biden administration’s border policies have given terrorists an easier way to enter the US and harm Americans. On Monday…Trump claimed that the “same people” who killed or abducted more than 1,000 civilians in Israel are coming across the southern border separating the US and Mexico…”

And Media Matters added:

“Since the October 7 attacks on Israel by Hamas and the subsequent bombing campaign in Gaza, Fox News has seized on the chaos in the Middle East to revive its relentless fearmongering campaign suggesting that migrants crossing into the US at the southern border are terrorists, this time from the Middle East. Fox’s toxic rhetoric follows “a spike in hate incidents” against Muslims in the US.”

There has been an increase in Border Patrol apprehensions of individuals who are on the US terror watchlist over the past two years. But they represent a tiny fraction of all migrants processed along the southern border. From the NYT: (emphasis by Wrongo)

“From October last year to this September, officials at the southern border arrested 169 people whose names matched those on the watch list, compared with 98 during the previous fiscal year and 15 in 2021, according to government data. But that is a minuscule fraction of the total number of migrants who were apprehended at the border over the past year, more than two million.”

That fraction is less than 0.01% for those of us without calculators. Finding illegals who are on the terror watch list is far more common along the US-Canada border, despite much lower levels of unauthorized migration there. Here’s a US Customs and Border Protection chart:

Customs and Border Protection recorded more than 430 watchlist hits along the northern border in fiscal year 2023, the vast majority of them at official ports of entry.

Still, there are concerns. In its homeland threat assessment for 2024, the intelligence branch of DHS said:

“…record encounters of migrants arriving from a growing number of countries have complicated border and immigration security…”

The assessment also said a recent increase in apprehensions of migrants from the Eastern Hemisphere, while still significantly lower than those from the Western Hemisphere, has “exacerbated border security challenges” because those individuals require more vetting and processing and because it’s more difficult to deport them.

There’s also the question of migrants who aren’t apprehended. The Border Patrol estimates more than 1 million individuals have entered the country surreptitiously over the past two years.

Republicans in Congress now talk about the southern border primarily as a national security issue rather than largely as a collective fear of the “great replacement”. If hundreds of thousands of migrants are evading apprehension, these national security fears have merit. But since terror watch list apprehensions are tiny and a lot higher along our northern border, that border most likely poses an equal threat to national security, if not more, since the security along the northern border is lax. We don’t really have any idea how many evade apprehension by crossing it.

Despite the constant hammering by Fox and the Right, since 1975 no one has been killed or injured in a terrorist attack in the US that involved someone who came across the border illegally. Whenever Congress gets around to dealing with illegal immigration, the solution will require more manpower both for the border patrol and immigration services.

Immigrants will keep on coming. Migration is a part of human nature. Europeans came to North America before America was a country. The peoples of the UK are not the peoples that were there 5,000 years ago. The vast majority of UK citizens have little DNA from the original peoples of those islands. That is also true in the US.

History shows that trying to stop immigration all together is a fool’s errand.

Regardless of how successful we are at controlling immigration, the US demographics of the past 250 years will look VERY different from the US demographics of 100 years from now. That doesn’t mean we should give up on controlling the process as much as possible. Part of that is to increase the costs of crossing the border, which we are doing today with instant expulsion and denial of asylum claims.

And once people are here, we must do all we can to get them integrated into US society.

The Three University Presidents Messed Up. Or Did They?

The Daily Escape:

Wild surf, Shore Acres SP, OR – December 2020 photo by Alan Nyri Photography

Instead of a soothing Saturday, Wrongo has decided to wade into the hot steaming pile that is the controversy over whether the presidents of various prestige universities are sufficiently anti-genocide. What they said at the House hearings has raised a chorus of voices who think that the leadership at Harvard, MIT and UPenn just aren’t anti-genocide enough.

From Bloomberg’s Noah Feldman:

“The lowlight of the House hearings on campus antisemitism…came when Congresswoman Elise Stefanik (R-NY) asked the presidents of Harvard, MIT, and the University of Pennsylvania whether it would be bullying and harassment if someone on campus called for a genocide of Jews. The presidents’ answers — that it depended on context — landed about as badly as it could have. Stefanik, a Trumpist Republican election denier, browbeat them and called it “unacceptable.”

Feldman is a law professor at Harvard. He went on to say:

“The core idea of First Amendment freedom is that the expression of ideas should not be punished because doing so would make it harder, not easier, to find the truth. That freedom extends to the most hateful ideas imaginable, including advocacy of racism, antisemitism, and yes, genocide.”

Wrongo isn’t a lawyer and this isn’t a court or a classroom, so what follows is his take on this matter.

Can speech be constrained? In 1969, the Supreme Court protected a Ku Klux Klan member’s speech and created the “imminent danger” test to determine on what grounds speech can be limited, saying in Brandenburg v. Ohio that:

“The constitutional guarantees of free speech and free press do not permit a state to forbid or proscribe advocacy of the use of force, or of law violation except where such advocacy is directed to inciting imminent lawless action and is likely to incite or produce such action.”

Speech promoting violation of the law may only be restricted when it poses an imminent danger of unlawful action, where the speaker has the intention to incite such action, and there is the likelihood that this will be the consequence of that speech.

In 2017, the Court affirmed this in a unanimous decision on Matal v. Tam. The issue was about government prohibiting the registration of trademarks that are “racially disparaging”. Effectively, the Supreme Court unanimously reaffirmed that there is no “hate speech” exception to the First Amendment. Such speech can be prohibited when the very utterances inflict injury or tend to incite an immediate breach of the peace.

There is plenty of case law on the First Amendment out there to read or about hate speech if you prefer to do your own research. From Wikipedia:

“In the 1980s and 1990s, more than 350…universities adopted “speech codes” regulating discriminatory speech by faculty and students. These codes have not fared well in the courts, where they are frequently overturned as violations of the First Amendment.”

So, while University presidents may sound lawyer-like when asked if “calling for genocide of Jews” should be prohibited, think about the long history of case law that says there are few limits on hate speech that do not result in action intended to produce harm. Also think about the losing streak these universities have been on when they have tried to restrict speech in the past.

As it happens, the three presidents were accurately describing their universities’ rules, which do depend on context. Yascha Mounk in The Atlantic had this to say:

“In a narrow, technical sense, the three presidents were correct to state that their current policies would probably not penalize offensive political speech. In a more substantive sense, universities should defend a very broad definition of academic freedom, one that shields students and faculty members from punishment for expressing a political opinion, no matter how abhorrent.”

Mounk goes on to say that the university presidents were disingenuous when they claimed that their response to anti-Semitism on campus was hamstrung by a commitment to free speech. Recent history at all three institutions shows that their rules about free speech are unevenly applied. So the problem with their answers wasn’t about making a judgement call about calls for genocide.

We’re stepping into muddy waters here. When students say: “From the river to the sea. Palestine will soon be free” they’re using a political slogan that on its face is aspirational. While some may hear that and say it implies genocide of Jews, it should be protected speech. It’s stupid and ignorant, but 100% protected. Widening out our view, blaming all Jews for Netanyahu’s excesses or blaming all Palestinians for the atrocities of Hamas is wrong but it’s still protected speech.

People like Stefanik are too high on their own agenda to appreciate the distinction.

Still, it’s true that many (most? all?) universities have become hypocritical. There are plenty of examples of professors being expelled, or outside speakers being cancelled because the administration doesn’t care for the viewpoints being expressed.

The question of exactly when political/hate speech becomes sufficiently threatening and specific toward a given individual or groups so as to constitute legally (and by extension administratively) a violation of a university’s code of conduct is, not surprisingly, a massive gray area. On Thursday a man saying “Free Palestine” fired shots at a synagogue near Albany NY. Thankfully, nobody was harmed. He wasn’t on campus and he did back his words with a serious threat, so he was arrested.

The university presidents failed to be clear. The US case law and the school’s codes of conduct are sufficiently difficult to adjudicate on a hypothetical basis. These three presidents should learn that first, the US Congress isn’t the academy. Second, they should admit they are fuzzy thinkers about free speech at their institutions. Third, they should develop better codes of conduct.

Let’s give the last word to Feldman:

“Free-speech nuance is something to be proud of, not something to condemn.”

A final thought. Stefanik’s gotcha game with yes/no answers to complex questions shouldn’t be the way the game is played, but for now it is. Many Republicans think that colleges and universities deserve specific blame for the liberal political views of young Americans. It has become an article of faith on the right despite little supporting evidence that colleges are turning young people into liberals. Stefanik is a willing tool of this viewpoint.

On to our Saturday Soother. We’ve had snow overnight for the past two days on the Fields of Wrong. Still, it’s expected to be around 60° on Sunday. Given our uneven weather, the arborist isn’t coming here until the middle of February.

Let’s get comfortable in a big chair near a window. Now, try to let go of the arguments about the “people we hate and I want to talk about them” and empty our minds of complicated ideas, even if they are foundational to our democratic experiment.

Let’s listen to the Academy of St. Martin-in-the-Fields Chamber Ensemble perform Maurice Ravel’s “Introduction and Allegro for harp, flute, clarinet and string quartet”. He composed this work in 1905 and it was first performed in 1907.

Cartoons Of The Week – December 3, 2023

Again, it wasn’t a terrific week for cartoons. Here are the best.

Biden tries but isn’t young enough for some people:

Santos is out:

Only 105 out of 217 Republicans voted against Santos:

Kissinger gets a roommate:

Wise men have correct answer:

Sandra Day O’Connor joins the band:

Reconsidering US Blanket Support For Israel

The Daily Escape:

Sunrise, Outer Banks, NC – November 2023 photo by Stephen P. Szymanski

Sometimes a friend, a family member or a neighbor asks you to help them solve a problem. You go along, thinking that you’ll be able to help out, only to suddenly find you’re deeply involved in something that could easily become either a reputation killer, or possibly even life-threatening to you.

And after five weeks of intense bombing, this is where America sits with the Israel/Hamas war. Our friend has caused us to get badly stuck in something and it’s become very difficult to see how to get out of it.

First, all right-minded people should agree that what Hamas did on Oct. 7 was a war crime. And the taking of non-combatant Israeli hostages is also a violation of international law, as is Hamas using Palestinians as human shields.

Second, it is possible to be committed to Israel and to its right to defend itself while at the same time being critical of its response in Gaza and sympathetic to the Palestinian’s plight.

Third, (and what is the focus of this column), is how Israel’s war against Hamas in Gaza has become close to violating the rules of war. Israel has launched near-continuous airstrikes on the Gaza Strip. According to Barron’s since the onset of the war, Israeli attacks on targets within Gaza have destroyed or damaged 45% of all housing units in the Palestinian territory.

In addition, the Times of Israel acknowledges that a lot of Gazans have died since the October 7 terrorist attacks. It cites the “Hamas-run health ministry in Gaza,” while arguing that the numbers cannot be confirmed and likely include Hamas fighters and victims of misfired Hamas rockets. They still put the number of dead north of 11,000. But there’s also allegedly 26,000 who have been injured and more than 3,000 that are missing. That adds up to 40,000.

The CIA estimates that Gaza began 2023 with a population of 2,098,389, so the total casualties (including the missing) in Gaza are about 2% of the population. And nearly a million people have had their homes damaged or destroyed so far. And the United Nations Relief and Works Agency (UNRWA) estimates that 70% have been displaced from their homes.

The systematic bombardment of housing and infrastructure is prohibited under international law. You can’t destroy 45% of the housing units of a population of 2 million people in five weeks and argue that you are doing all you can to avoid harming civilians.

Indiscriminate bombing of cities became an issue before WWII. Concern about “ruthless bombing of civilians” began with the Japanese bombing of Shanghai in 1932, and the bombing of Barcelona and Guernica in Spain by Italian and German fascists in 1937-38.

An important review of the historical background to the law against bombing cities is in the late Daniel Ellsworth’s excellent 2017 book, “The Doomsday Machine” (TDM). Ellsworth says that the need for rule-making became clear after the German Blitz of London in 1940. That led to the US and Britain secretly adopting Hitler’s tactics. The actions of the three belligerents obliterated the distinction between bombing combatants and civilians for the rest of WWII.

Citizens in the opponent’s country were considered legitimate targets because they were contributing in some way to their country’s war effort. This led to the moral justification that it was better to kill civilians in order to get the war over quickly. After that, bomber attacks exclusively aimed at exterminating German population centers was accepted by Churchill: (TDM, p.239)

“This is the way to pay them back; it’s legitimate for us to do so, and in fact it’s virtually obligatory for us to do so….”

The near-exact words were spoken by Biden, Blinken and Netanyahu after Oct. 7. But even in WWII, there wasn’t true proportionality. From TDM: (pg. 245)

“For every ton of bombs dropped on England in the nine months of the Blitz, England and the US…dropped a hundred tons of bombs on German cities…”

And more than 500,000 Germans were killed.

In 1949, a series of treaties governing the laws of war were adopted. The Geneva Conventions and specifically the Fourth Geneva Convention attempted to create legal defenses for civilians in war, but it wasn’t explicit about bombardment.

In 1977, Protocol I was adopted as an amendment to the Geneva Conventions, prohibiting the deliberate or indiscriminate attack on civilians, even if the area contained military targets. But Protocol I also says that locating military objectives near civilians “shall not release the Parties to the conflict from their legal obligations with respect to the civilian population and civilians“.

This has always been honored in the breach.

Aerial operations are supposed to comply with the principles of: military necessity, distinction, and proportionality. An attack or action must be intended to aid the military defeat of the enemy. It must be an attack on a military objective, and the harm caused to civilians or civilian property must be proportional and not excessive in relation to the concrete and direct military advantage anticipated. But proportionality doesn’t hinge only on absolute casualty counts but on how harm to civilian lives and infrastructure is weighed against expected military gains.

That means theoretically, a lot of suffering is permissible.

Under the law of war, Israel’s proportionality calculation must take account of the civilian casualties its air strikes and ground invasion are causing. But Israel has in the past interpreted the rules to exclude damage to apartment buildings if terrorists occupy them.

Israel and America also believe that civilians who voluntarily serve as human shields are participants, not bystanders. But, how to tell the difference? Israeli officials say they have no choice: Hamas fighters are embedded within Gaza’s population and store weapons in and under civilian sites. They also say it’s impossible to defeat its enemy without killing innocents — a lesson that Americans learned at Hiroshima, Falluja and Mosul.

The NYT reports that during Blinken’s visits to Israel after Oct. 7, Israeli officials privately invoked the 1945 atomic bombings of Hiroshima and Nagasaki. They quoted Mark Regev, an Israeli government spokesman:

“In any combat situation, like when the US was leading a coalition to get ISIS out of Mosul, there were civilian casualties….[and] that Israel’s “ratio” of Hamas fighters to civilians killed “compares very well to NATO and other Western forces” in past military campaigns”.

When all you have for an argument is that your friend has done worse, you’re in serious trouble. Regev’s statement is also impossible to verify. US military officials have discussed the lessons learned from the battles in Iraq and in Raqqa, (the ISIS headquarters in Syria) with Israel.

Israel isn’t exempt from learning from the past and applying the lessons to their current urban warfare. And this is coming from an ally that receives $ billions in US aid every year. Israel is obviously willing to use any justification to continue its destruction in Gaza.

It’s clear that Israel is following a deliberate policy of wrecking Gaza’s infrastructure and buildings. Netanyahu said on October 7 that the IDF would turn parts of Gaza’s densely populated urban centers “into rubble.” On October 10, Maj. Gen. Ghassan Alian, the Israeli Army’s coordinator of government activities in the territories, stated “There will be no electricity and no water. There will only be destruction. You wanted hell, you will get hell.”

That gives context to the fact that almost half of the housing in Gaza has been damaged or destroyed since October 7.

Gaza is now well beyond a long and expensive reconstruction process. It’s approaching the point where Gaza is becoming a place where human beings will find it difficult to exist. It’s true that Hamas is also culpable; they’ve brought this upon their own people. They continue to hold the hostages, and that provides Israel with justification for fighting in the heart of Gaza, including near its hospitals.

If Hamas cared about their own people, they would do something to stop it.

The point is that these disproportionate attacks should make it clear that the US needs to find a way to stop blindly taking Israel’s side. We should not be making excuses for Israel’s targeting of civilian populations. Figuring out what we should be doing is urgent, since our current posture isn’t benefiting the US, while it is benefiting our many adversaries in the ME.

The world thinks that the US has leverage over Israel, but as this war shows, we do not. We’re joined at the hip, and no other two countries have had a closer relationship. And when the war broke out on October 7, Biden made it very clear we would give Israel whatever aid it needed, that we would support Israel to the hilt. And we’ve done that.

But, Israel rebuffed Biden’s efforts to talk Israel into arranging “humanitarian pauses” until world opinion started to turn against Netanyahu. CNN and others reported that Israel has finally agreed to move forward with four-hour pauses of military operations in Northern Gaza. We’ll see how that goes.

But should America sacrifice any more of what shreds remain of our moral standing in the world to cooperate with Israel in what seems about to become massive civilian slaughter? Even if Israel’s war efforts are justifiable, their actions are making Gaza uninhabitable.

And when the smoke clears, and much of Gaza’s population has moved south, will Israel allow them return to sit amongst the rubble that remains?

Finally, Israel may be doing exactly what Hamas hoped. It is radicalizing many Palestinians. It isn’t difficult to imagine that if you lived in Gaza and saw Israel’s bombs kill most of your family, you might be willing to walk a bomb into a pizza parlor in Tel Aviv after a ceasefire. If you’re going to live like a dog for the rest of your life, at least you could gain a modicum of revenge by taking a few Israelis along with you.

Time to wake up America! Israel is telling the world that it will stop at nothing to re-establish the security of its borders, even down to the last Palestinian. While the IDF tells us it is following the laws of war, Netanyahu is showing us that his strategy is to make his Middle East adversaries think that no one can out crazy Israel. Israel’s willing to do this even if it has to defy the rest of the world and even if it doesn’t have a plan for returning Gaza to the Palestinians on the morning after the war.

To help you wake up, watch and listen to U2’s 2001 hit “Stuck In A Moment That You Can’t Get Out Of”. Bono wrote the lyrics about the suicide of his close friend Michael Hutchence, lead singer of the band INXS. The song is an argument against suicide in which Bono tries to convince Hutchence of the act’s foolishness.

We also should see the foolishness of total war even against a terrible enemy. It could turn out to be suicide:

(This is Wrongo’s longest column ever. If you’ve read this far, thank you for your interest!)

Cartoons Of The Week – November 5, 2023

At the request of a few readers, (including Fran M), here are this week’s cartoons.

Sign of the times:

Israel’s dilemma:

Both sides:

Republican talking point:

Halloween was the same as any other night for the grifter:

Proportionality In Gaza

The Daily Escape:

Fall colors, Ophir, CO – October 2023 photo by Chirag A. Patel

Welcome to our Saturday Soother. The problem is that getting soothed today may prove difficult. Israel’s military said Friday night (local time) that its “ground forces are expanding” their operations in Gaza. The decision to expand ground operations was made by the Israeli War Cabinet after talks on a possible hostage release reached a stalemate.

The Wrongologist

Geopolitics, Power and Political Economy

Category: Israel

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Biden’s Dilemma

Welcome To MLK Weekend

Wrongo’s Seen Enough

Cartoons Of The Week – December 3, 2023

Reconsidering US Blanket Support For Israel

Cartoons Of The Week – November 5, 2023

Proportionality In Gaza