08.03.17 Ben Cardin: still wrong; Chris Van Hollen: still silent

Per my post a few days ago, I wrote to Senator Ben Cardin (MD) in opposition to his bill criminalizing political speech he disagrees with. I heard back from his office today. Here is his note (my reply appears below that):

Thank you for sharing your comments on the Israel Anti-Boycott Act, S. 720. I appreciate your engagement regarding this piece of legislation, particularly your concerns over its potential impact on your constitutionally-protected First Amendment rights.

I understand that the American Civil Liberties Union released a letter that may have caused your, and other Marylanders’ concerns over the impact of S. 720 on civil liberties. I want you to know that I would not support legislation that would infringe upon those freedoms, and I welcome the opportunity to engage with you regarding some of the misunderstandings about the bill.

S. 720 seeks to amend the Export Administration Act (EAA), a 40-year-old law that prohibits U.S. persons from complying with unsanctioned foreign boycotts imposed by foreign countries. The prohibitions of the EAA have been consistently upheld as constitutionally sound. The new legislation amends the EAA to extend its existing prohibitions to unsanctioned foreign boycotts imposed by international governmental organizations, such as United Nations agencies or the European Union.

I want to highlight that this bill does not limit the rights of American citizens or organizations to express their views on Israeli or American foreign policy; nor does it limit the rights of American citizens or businesses from engaging in boycott activity of their own accord. I hope you will read my response to the ACLU, which is attached with this letter for your review. As I state in that letter and repeat to you now in this correspondence, I welcome healthy dialogue with constituents regarding the purpose and importance of this legislation, and I sincerely hope that this letter has addressed your concerns.

Thank you again for reaching out to me to share your thoughts on S. 720. Please do not hesitate to follow up with me should you have any additional questions or concerns regarding this bill, or any other matter of importance to you.

My reply:

Your assurances re my free-speech rights are empty until/unless I see further advice from the ACLU on this matter. The fact is that you once before prominently demonstrated your prioritization of Likud’s interests over US interests, when you opposed the Iran nuclear deal two years ago. You burned your credibility on matters touching on Israel at that time.

I will oppose your reelection and will continue to engage with Chris Van Hollen, Jamie Raskin, and other elected officials to defeat completely your misguided attempt to legislate your personal views on Israel and speech.

PS. I am Jewish and see you as a clear threat not only to my American civil liberties, but also to my ability to separate my ethnic identity from the horrific policies of the Israeli state.

In other news, Chris Van Hollen’s office still has no position to report, but this time his staff did give me the direct email address of his foreign affairs legislative assistant – please join me in writing to her: afreen_akhter@vanhollen.senate.gov.

I spoke again with Jamie Raskin today and he confirmed his opposition to S.270 and that he would produce a public statement on it before Congress returns from recess in September.

Finally, in a move that shows the lie in Ben Cardin’s email today, Senator Kirsten Gillibrand (NY) has withdrawn her cosponsorship of Cardin’s bill due to the ACLU’s analysis.

©2018 Keith Berner

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