The Strange Case of Jacob Anthony Chansley

By John Leake | Courageous Discourse | March 8, 2023
On January 9, 2021, Jacob Anthony Chansley was arrested in Phoenix, Arizona for allegedly committing the following offenses:
Civil Disorder; Obstruction of an Official Proceeding; Entering and Remaining in a Restricted Building; Disorderly and Disruptive Conduct in a Restricted Building; Violent Entry and Disorderly Conduct in a Capitol Building; Parading, Demonstrating, or Picketing in a Capitol Building.
If the unarmed Chansley (known in the mainstream media as the “QAnon Shaman”) indeed committed these offenses, why was he escorted around the Capitol Building by armed police officers, at one point standing in the midst of NINE of them? If the strangely-clad young man bearing an American flag was trespassing and behaving in a “violent, disorderly, and disruptive” way, why didn’t the officers arrest him on the spot?
In reviewing the strange case of Jacob Anthony Chansley, the American people should consider that this country has a longstanding tradition of civil disobedience. In its relationship with the citizenry, the United States government has always had to contend with the somewhat awkward fact that the Republic was founded by men who, legally speaking, committed treason. Thomas Jefferson justified their conduct as follows:
That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
Jefferson’s sentiments sound good and reasonable to a citizenry animated with classical liberal principles of government, but they are problematic for men in power who have little patience or tolerance for pesky dissenters like Jacob Anthony Chansley.
While the surveillance tape shows that many of the January 6, 2021 protestors did indeed commit acts of violence and vandalism, where is the evidence that Jacob Anthony Chansley was one of them?
As Tucker Carlson points out (starting at 2:50 on the tape) multiple cameras from multiple angles show that he is completely unarmed, calmly walking around carrying an American flag in his left hand and a bullhorn in his right.
Since November 17, 2021, Chansley has been serving his sentence of 41 months in prison. Does he really deserve this severe punishment?
Mainstream media pundits have made him—presumably because of his visually arresting and outlandish costume—the face of what it has characterized as an insurrection, but what kind of insurrectionist shows up with no weapons or incendiary devices?
People who identify themselves a Democrats and despisers of Donald Trump will doubtless claim that by posing this question, I am expressing my own partisan political sympathies and attachments. I am NOT.
I write this post out of concern that those who are currently holding power (and their propagandists in the media) can no longer be trusted to tell us the truth about ANYTHING, whether it be the origins of SARS-CoV-2, the purported safety of the COVID-19 vaccines, the war in Ukraine, the events that transpired in the Capitol on January 6, 2021, or anything else of importance.
January 6 committee should be ‘tried for treason’ – Trump

RT | March 8, 2023
Former president Donald Trump has declared that the Democrat-led panel formed to investigate the January 6, 2021, riot on Capitol Hill should be “tried for fraud and treason.” The committee portrayed the riot as a “violent insurrection,” while video footage released by House Republicans showed more orderly scenes inside the Capitol.
“The Unselect Committee of political hacks and thugs has been totally discredited,” Trump declared on his Truth Social platform on Tuesday, repeating a label he has often used to describe the House committee formed to investigate the riot.
“They knowingly refused to show the videos that mattered,” Trump continued. “They should be tried for fraud and treason, and those imprisoned and being persecuted should be exonerated and released, now!”
House Speaker Kevin McCarthy recently shared more than 40,000 hours of security camera footage with Fox News host Tucker Carlson, who aired a selection of clips on Tuesday night. The clips show Capitol Police peacefully escorting a number of Trump supporters through the Capitol building during the riot, including so-called ‘Qanon Shaman’ Jacob Chansley, while suggesting that a man called Ray Epps – who some Trump supporters allege was a federal agent tasked with inciting violence against police officers – lied about leaving the Capitol before violence broke out.
The committee’s final report, on the other hand, declared the riot a “violent insurrection” aimed at “overthrowing our democracy.” The committee recommended in December that Trump be criminally charged with inciting an insurrection attempt, obstructing Congress, and conspiring to defraud the United States, arguing that a speech he gave to the crowd before the riot had instigated the riot.
Trump, who is running for office again in 2024, has not been criminally charged, but faces numerous civil lawsuits over his alleged role in fomenting the riot. More than 100 police officers say they were injured on the day, while four Trump supporters died. Two died of natural causes and one of an accidental overdose, while Air Force veteran Ashli Babbitt was shot by a Capitol Police officer near the entrance to the House chamber.
In an earlier Truth Social post on Tuesday, Trump said that the footage shown by Carlson “sheds an entirely different light on what actually happened” on January 6, 2021. Carlson said that while there were some “hooligans” in the crowd that day, the majority of so-called “insurrectionists” were “sightseers.”
Out of more than 950 people charged in connection with the riot, 351 have been sentenced and 192 incarcerated. Around three quarters of those who pleaded guilty did so to misdemeanor offenses, according to the Department of Justice.
Mother Sues D.C. Doctor Who Gave Kids COVID Vaccines Without Consent
By Brenda Baletti, Ph.D. | The Defender | March 6, 2023
The mother of two children who were given COVID-19 vaccines without the mother’s consent is suing the doctor who administered the vaccines.
An attorney representing NaTonya McNeil last week filed a lawsuit in Superior Court for the District of Columbia against Janine A. Rethy, M.D., M.P.H.
According to the complaint, on Sept. 2, 2022, McNeil took her two older children, ages 15 and 17, to the KIDS Mobile Medical Clinic/Ronald McDonald Care Mobile clinic, operated by Georgetown Hospital, to complete their required annual physical exam for the 2022-2023 school year.
The lawsuit alleges Rethy, director of the mobile clinic, held the children in the examination room longer than necessary for a regular check-up and vaccinated them against COVID-19 over their objections and without consulting their mother
In order to attempt to obtain the children’s consent — which they are not legally able to provide without a parent or guardian — the doctor falsely informed the children the COVID-19 vaccine was mandatory for school attendance and told them they could not lawfully decline it if they wanted to attend school.
The suit, filed by D.C. Attorney Matthew Hardin, seeks damages for false imprisonment, battery and fraud.
Children’s Health Defense (CHD) is financing the lawsuit because, according to CHD President and General Counsel Mary Holland, “CHD couldn’t just sit still and not allow this wrong to go unpunished and not bring this to the public’s attention.”
In an exclusive conversation with The Defender, McNeil explained why she is suing the the doctor:
“I just feel like people shouldn’t be able to do whatever they want to do to other people and especially not to children. As a mother, I feel like, ‘You all just took all my rights away from me to do what you wanted to do to my kids.’
“I do want justice to be done in this case. I feel like something needs to be done. This can’t just continue to happen.”
‘I feel violated’
According to the complaint, Rethy’s stated goal is to vaccinate all children against COVID-19. The complaint quotes her statement to the press:
“Our goal is to increase vaccination rates in children here in D.C. . . . For more than 30 years our role has been to be in the community to help address the problem of health disparities, bringing families care where they are.
“For this particular effort, we are glad to be partnering with DC Health to provide both regular childhood vaccines and COVID-19 vaccines to all children.”
In addition to her role as director of the mobile clinic, Rethy is chief of MedStar Georgetown University Hospital’s Division of Community Pediatrics and assistant professor of pediatrics at Georgetown University School of Medicine.
McNeil said that when she took her older children to the clinic, she stayed outside the examination room to care for her infant. As soon as the children entered the doctor’s office, she called her daughter’s cellphone to let Rethy know she was just outside the door if the doctor needed to consult her for anything.
According to McNeil, the doctor did not ask or inform her about any vaccinations, and did not ask her to sign anything. At the end of the physical, Rethy came out to talk to her.
McNeil said the doctor explained her son’s asthma treatment plan, but that’s all they discussed.
As they were heading home, McNeil said she was shocked when her daughter complained that her arm hurt “pretty bad.” When McNeil asked her why it hurt, her daughter said she was given the COVID-19 shot, even though she told the doctor she didn’t want it.
When McNeil asked her why she allowed the doctor to administer the shot, her daughter said:
“When she had the needle in her hand and she was coming towards me, I backed up and I asked her what is that needle, and she said it was the COVID shot and I … told her I didn’t want it and she said, ‘Well it is mandatory, you have to get it in order to go to school.’”
Rethy allegedly administered the shot to her daughter, and then to her son. McNeil said:
“He’s 14 and he said they didn’t even ask him if he wanted it or not, but when they gave it to him, he said he thought he had to get it because his sister got it.”
According to the complaint, both children received the Pfizer/BioNTech vaccine, authorized for emergency use, and the meningococcal vaccine. Her son was also injected with TDaP.
Both children were upset and angry they had been coerced into vaccination, the complaint says.
No school mandate, despite what clinic and doctor alleged
When she got home, McNeil said she called the doctor’s office, and asked them why they vaccinated her children without her consent.
“I would have never consented to you all vaccinating my children,” she said. “I’m not vaccinated and I’m not getting vaccinated and my kids were never supposed to be vaccinated for COVID period, under no circumstances.”
She said the person on the phone said they were supposed to get them for school.
After hanging up, McNeil said she was “so irritated I even started crying” because she couldn’t believe “they put this poison” into her children’s bodies.
In July 2022, D.C. public schools imposed a vaccine mandate for schoolchildren ages 12 and up for the 2022-2023 school year. But on Aug. 26, just weeks after imposing the mandate, officials walked it back, postponing it until 2023.
That means when McNeil’s children saw the doctor, there was no school vaccine mandate in place, despite what the Rethy allegedly told the children.
The age of consent
The District of Columbia in March 2021 enacted the D.C. Minor Consent for Vaccination Amendment Act of 2020 (D.C. Minor Consent Act), allowing children 11 and older to consent to the administration of any vaccine — including COVID-19 shots — recommended by the Advisory Committee on Immunization Practices (ACIP) — without parental knowledge or consent if the medical provider believed “the minor is capable of meeting the informed consent standard.”
The law also required healthcare personnel to provide accurate immunization records to the Department of Health and to the student’s school, but not to parents with religious exemptions.
CHD and Parental Rights Foundation filed a lawsuit seeking a court order to declare the D.C. Act unconstitutional.
A judge for the U.S. District Court for the District of Columbia on March 18, 2022, granted a preliminary injunction prohibiting the D.C. mayor, Department of Health and public schools from enforcing the law.
That means at the time McNeil’s children visited the clinic, they could not legally provide consent to be vaccinated without their mother’s consent.
McNeil said:
“To do that to my little children, my innocent children. They took her rights. When she backed away from you [the doctor] and said she didn’t want it, that should have been the end of it.
“Or you [the doctor] should have called me on the phone to find out what I feel about the situation. But you [the doctor] basically told my child a lie so you [she] could do what you [she] wanted to do to my kid.”
Brenda Baletti Ph.D. is a reporter for The Defender. She wrote and taught about capitalism and politics for 10 years in the writing program at Duke University. She holds a Ph.D. in human geography from the University of North Carolina at Chapel Hill and a master’s from the University of Texas at Austin.
This article was originally published by The Defender — Children’s Health Defense’s News & Views Website under Creative Commons license CC BY-NC-ND 4.0. Please consider subscribing to The Defender or donating to Children’s Health Defense.
Dr. Kirk Moore Insists He Did NOT Sell Fake COVID-19 Vaccine Cards
Utah doctor claims federal indictment contains fundamental falsehood

By John Leake | Courageous Discourse | March 7, 2023
A week ago I reported the story of Dr. Kirk Moore—a plastic surgeon who was recently indicted by a federal grand jury in Utah for conspiracy to defraud the US; conspiracy to convert, sell, convey, and dispose of government property; and conversion, sale, conveyance, and disposal of government property and aiding and abetting.
The government’s indictment and mainstream media are highlighting the assertion that Dr. Moore and his colleagues received $50 per procedure in which they disposed of a COVID-19 vaccine dose instead of injecting it into the patient, and then issued a fake vaccine card to the patient. This is deemed to prove that Dr. Moore—a plastic surgeon by trade—”benefitted” from his actions.
I initially assumed the federal investigators and prosecutors involved in the case must have found evidence to support their assertion in the indictment that Dr. Moore had “benefitted” from these transactions—that is, that HE received all or part of the $50 per procedure.
However, shortly after I posted my essay, I was contacted by people familiar with the matter who claimed that the indictment’s assertion is false. To check their assurance, I contacted Dr. Moore and conducted a long interview with him.
Dr. Moore insists that never received a single dollar for administering early treatments to COVID-19 patients or for issuing COVID-19 vaccine cards to patients who feared the mRNA gene transfer injections are not safe. A plastic surgeon by trade, he insists he administered early treatment and issued the cards solely as a charitable endeavor—that is, to help the sick stay out of hospital and to help his fellow citizens who were mandated to receive the injections in order to retain their student and job positions.
In other words, according to Dr. Moore, the federal indictment’s assertion that HE benefitted from the $50 per procedure is FALSE. Because most patients expressed their desire to pay him at least some fee for his invaluable service, he adopted the practice of instructing each to make a $50 donation to a medical freedom charity from which he received no funds. He assumed that keeping this practice strictly charitable would protect him from the charge that he received financial benefits for his actions. He claims the evidence presented in his forthcoming trial will prove that he received no benefit.
An especially intriguing detail he related in my interview is the strange fact that—though he knew he was under investigation because HHS and DHS agents visited him at his office and served him a search warrant to seize his cell phone—he was NOT subsequently served with notice that a federal prosecutor had impanelled a grand jury and secured an indictment.
He only learned about this alarming action in a press report, from which he also learned the date and time of his arraignment.
We encourage our Substack readers to learn more about Dr. Moore’s case by visiting his website: https://www.standformoore.com
Florida GOP Declares War On The First Amendment to ‘Combat Anti-Semitism’
By Chris Menahan | Information Liberation | March 5, 2023
“The Free State of Florida” is set to have the most oppressive hate crime laws in America in order to “combat anti-Semitism.”
“There is no First Amendment right to conduct,” Jewish Florida State Rep. Randy Fine told the media earlier this week. “If you graffiti a building, it is a crime now, but if your motivation is hate, it will be a third-degree felony and you will spend five years in prison. If you want to litter, it’s a crime right now, but if you litter and your motivation is a hate crime, it will be a third-degree felony and you will spend 5 years in jail.”
The bill was put forward by the GOP to silence the “Goyim Defense League” who’ve been sharing anti-Semitic flyers in Florida neighborhoods and holding up anti-Semitic banners over bridges which are critical of Jews.
Florida Rep. Mike Caruso told reporter Chris Nelson on Friday that the bill “makes anti-Semitism a hate crime.”
“If we do nothing we are going to have 1933’s Nazi Germany all over again,” Caruso said.
The Florida GOP is expected to pass their new hate crime bill this legislative session.
If Governor Ron DeSantis signs the bill into law, Florida will have worse hate crime laws than California, New York, Connecticut and every other state in the Union.
FBI Whistleblowers Nail the Bureau at House Panel on Weaponization Hearings
By Ekaterina Blinova – Sputnik – 05.03.2023
The House Select Subcommittee on the Weaponization of the Federal Government, dubbed by some lawmakers a new Church Committee, is pushing ahead with its investigation of alleged misconduct and political bias by US government agencies.
Just the News, a media outlet founded by award-winning investigative journalist John Solomon, obtained some transcripts of the committee’s hearings which demonstrate that a growing number of FBI whistleblowers have stepped forward to expose the agency’s alleged misdeeds.
In particular, retired FBI supervisory intelligence analyst George Hill testified that the Washington Field Office exerted pressure on other field offices to probe US citizens for activities protected by the First Amendment.
Hill revealed that the Washington office pressed his own Boston Field Office to open cases on 140 people who, according to the retired analyst, were “guilty” of riding buses to DC in order to attend then President Donald Trump’s rally on January 6, 2021.
The former FBI employee noted that on a nationwide phone call of all 56 FBI field offices, then-chief of the Domestic Terrorism Operations Center Section Steve Jensen asked the Philadelphia Field Office about the status of a lead on American individuals that had been sent by the agency’s DC office. The individuals in question posted on social media about being pro-Second Amendment and anti-abortion. According to Hill, Jensen described those persons as “bleeping terrorists” even though social media posts appeared to be their only fault.
FBI whistleblower Garret O’Boyle testified before the House GOP committee that he was suspended by the agency after making “protected disclosures” to Congress.
O’Boyle also told the House GOP committee that following the Supreme Court’s decision to overturn Roe v. Wade (which used to regard abortions a constitutional right in the US), the FBI prioritized possible threats against the justices from “pro-lifers,” i.e. those who are against abortions.
The whistleblower wondered at the time as to why the bureau was targeting pro-lifers when it was “pro-choice” people who threatened violence in front of justices’ houses. “I was like, why would this person know about those threats? He’s pro-life. Like, he’s not the one going and threatening the Supreme Court Justices,” O’Boyle testified.
Former FBI special agent Steve Friend, a former SWAT team member, testified before the committee that the bureau apparently misused heavily armed SWAT teams to arrest January 6 defenders who were not accused of violent crimes and did not have a criminal record. He particularly referred to a January Sixer who was cooperating with the FBI and willing to surrender voluntarily. Friend was concerned that the bureau wasn’t using the least intrusive methods possible to arrest them.
When Friend met with two senior officers he was “pushed back on” his concerns and was told that even though he had a right to raise them, he also should “follow through on the orders” which he was given.
Friend filed a whistleblower complaint to the US Office of Special Counsel last year concerning the apparent misuse of SWAT teams to arrest January Sixers accused of misdemeanors. He was suspended from his duties by the agency after that.
Speaking to Sputnik in January, Friend highlighted that “any objective observer can see that the FBI is concentrating its attention and resources to investigate and prosecute citizens holding opposing views to the current administration.”
Following his interview with Sputnik, Friend was forced to leave the FBI after he had been denied a paycheck for 150 straight days as his security clearance was placed under review in the wake of his whistleblower complaint. Speaking to US journalists in February, the former FBI agent said that after leaving the bureau he had accepted a job offer from a private nonprofit organization that will be conducting investigations of the FBI.
According to the US media, House Judiciary Democrats on Friday lashed out at the FBI whistleblowers in a 316-page report. The Democratic lawmakers claimed that the whistleblowers had “limited firsthand knowledge” and “did not present actual evidence of any wrongdoing at the Department of Justice or the Federal Bureau of Investigation.” In response, the House GOP committee on weaponization lambasted their Democratic peers for disclosing the content of confidential witness depositions.
The House GOP’s new “Church Committee” follows in the footsteps of the Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities, which was a congressional body that investigated abuses by the CIA, NSA, FBI, and IRS in 1975.
The shocking revelations back in 1975 reportedly included Operation MKULTRA, human experimentation on mind control involving the drugging and torture of unwitting US citizens; COINTELPRO, which envisaged the surveillance and infiltration of American political and civil rights organizations; and Operation Mockingbird, a propaganda campaign run by the CIA in coordination with domestic and foreign journalists and US media outlets, to name but a few.
Most Americans believe feds helped incite Capitol riot – poll
RT | March 4, 2023
More than six in ten Americans believe it’s at least “somewhat likely” that federal government agents helped provoke the January 2021 Capitol riot, a new poll has revealed, suggesting that legacy media outlets have largely failed to brand the incident as an insurrection incited by then-President Donald Trump.
The poll, released this week by Rasmussen Reports, shows that among the 61% of US voters who think the feds probably helped spur Trump supporters to breach the Capitol, most see that scenario as “very likely.” Just 30% of Americans believe it’s unlikely that undercover agents were involved in the riot, including 18% who say it’s “not at all likely.”
Rasmussen said its findings reflect a dramatic shift in public opinion in the two-plus years that have passed since the riot. For instance, a survey done during the week immediately after the incident found that half of Americans believed Trump should be removed from office and jailed for causing his supporters to storm Congress and disrupt certification of President Joe Biden’s election victory. By the end of 2021, 58% of voters believed the congressional panel appointed to investigate the riot had become a “partisan committee weaponized against innocent Americans.”
More than 1,000 people have been charged with federal crimes for their alleged involvement in the riot. Many of the defendants have been held in jail, allegedly under harsh conditions, without being given the option of posting bail. Republican lawmakers have suggested that undercover government agents were involved in the riot and have questioned why an Arizona man named Ray Epps, who was seen on video urging Trump supporters to go into the Capitol, hasn’t been indicted.
The latest poll found that 70% of Republicans and 57% of both Democrats and independent voters now believe it’s likely that feds helped provoke the riot. Around 80% of all voters agree that all video footage of the riot should be released to the public. Earlier this week, US House Speaker Kevin McCarthy, a California Republican, gave riot video footage that had been withheld by the congressional panel to Fox News host Tucker Carlson.
A separate Rasmussen poll this week showed that 34% of US voters believe Representative Marjorie Taylor Greene’s idea of a “national divorce” between Republican- and Democrat-controlled states. Only one in three believes Biden is keeping his campaign promise to unite the country.
Irish grandmother jailed for calling Ukrainians ‘rapists and criminals’
RT | March 4, 2023
A homeless grandmother in Ireland has been sentenced to 16 weeks behind bars for entering a hotel housing Ukrainian refugees and shouting that they were“rapists and criminals.” The woman had sought accommodation, but was told no rooms were available.
Margaret Buttimer appeared before a district court in Bandon, County Cork on Thursday, where police told the judge that they were called to a disturbance at a hotel in the town in late January.
They found Buttimer shouting in the reception area, recalling that “she wanted to know how many Ukrainian nationals were staying in this hotel, what was the cost to the Irish people, and saying ‘these Ukrainians are rapists and criminals’,” according to a report by the Irish Times.
Police said that she refused to desist and leave the hotel, and they had “no option” but to arrest her.
Buttimer was sentenced to six weeks in prison, with half the sentence suspended on the condition that she stay away from any facility housing Ukrainian refugees.
The 68-year-old woman has 13 previous convictions, including for a similar incident at the same hotel in December. The court heard that she entered the premises and asked staff “why are all the Ukrainians getting a room and there is no room for me, an Irish citizen?
Buttimer’s earlier convictions involved breaches of coronavirus restrictions.
It is unclear if the hotel in Bandon was housing migrants from other countries in addition to Ukrainians. Ireland took in more than 70,000 Ukrainian refugees last year and more than 13,000 migrants from other countries. The arrival of the latter group, the majority of whom are male and hail from the Middle East and Africa, has triggered protests in the communities where they have been housed.
The migrant influx has come amid a record housing shortage in Ireland. House prices and rents have more than doubled in the last decade, and according to the government’s most recent figures, there are more than 8,300 homeless people in emergency shelters in the country.
Israel’s ‘right to exist’ challenged in expert testimonies

By Nasim Ahmed | MEMO | March 3, 2023
“Israel’s right to exist” has been challenged in expert testimonies by leading scholars Professor John Dugard and Professor Avi Shlaim. Dugard is an advocate of the High Court of South Africa. He has served intermittently as Judge of the International Court of Justice. His other high-profile appointment was at the United Nations where he served as Special Rapporteur on the Situation of Human Rights in the Occupied Palestinian Territories from 2001 to 2008. Shlaim, who is an author of several books on Israel and Palestine, is an Emeritus Fellow of St Antony’s College and an Emeritus Professor in International Relations at the University of Oxford.
Dugard and Shlaim issued their testimonies in response to the UK government’s prohibition on schools and universities from engaging with organisations that question Israel’s “right to exist”. The testimonies are part of a legal action against the former Education Secretary, Gavin Williamson, by UK human rights group, CAGE. In a 2021 letter to schools and universities, Williamson applied pressure to adopt the discredited International Holocaust Remembrance Alliance (IHRA) definition of anti-Semitism. The letter also told schools that they were prohibited from engaging with organisations that reject Israel’s “right to exist”.
A judicial review of the government’s guideline was lodged by CAGE, it argued that no such right exists in international law that prohibits people and groups from questioning a state’s legitimacy. “For too long, the political phrase ‘Israel’s right to exist’ has been used as a weapon to silence any debate about the legitimacy of its creation, the right of return of Palestinian refugees displaced by its creation and the apartheid nature of the Israeli state,” CAGE said at the time. In July a British High Court ruled against a judicial review.
This week CAGE published the expert testimonies of Dugard and Shlaim. Both challenged the prevailing narrative pushed by the UK government on Israel’s “right to exist”. Their testimony gave a brief history of the creation of the State of Israel and explained why the claim of a “right to exist” in law and morality is debatable.
Shlaim described Williamson as someone who habitually conflates anti-Zionism and anti-Semitism. He also claimed that the former education secretary had used his ministerial position to restrict freedom of speech on Israel. Commenting on the IHRA and possible financial sanctions that may be imposed if schools refused to adopt it, Shlaim said: “This is a highly controversial and, in my opinion, discredited definition which was promoted by Israel’s friends. The two-sentence definition is vacuous, but it is followed by 11 ‘illustrative examples’ of what might constitute antisemitism. Seven of the 11 examples relate to Israel. The real purpose of the definition is not to protect Jews against antisemitism but to protect Israel against legitimate criticism.”
Shlaim was one of 77 Israeli academics in Britain who united in response to Williamson’s infamous intervention. In January 2021, they sent a letter to vice chancellors and academic senates in England urging universities not to adopt the IHRA document, which they viewed as being “detrimental not only to academic freedom and to the struggle for human rights, but also to the fight against antisemitism.”
Challenging Israel’s right to exist, the expert testimonies argued that such a claim has no basis in international law. The idea that states have rights is rejected outright. The point is often made in the following way: Human beings have a right to exist, and to live flourishing lives. The moral and legal justification for the existence of any nation-state is based on their ability to protect and defend the rights of human beings and through serving the interest and well-being of peoples cultures and communities living within the territory they control. When a state fails in this regard for enough of those people for a long enough time, its control comes under challenge and loses its legitimacy. The shelf-life of any state is to the degree it can guarantee the human rights of people in territory controlled by that state.
Though there are many examples, a classic case often cited to highlight that point is Apartheid South Africa. Arguments were raised that Apartheid South Africa should not be recognised as a state and should be expelled from the UN. Although South Africa was not expelled from membership of the world body, the credentials of the South African government were not accepted, and it was denied the right to participate in the work of the General Assembly. In effect, this meant that many countries believed that South Africa no longer had the right to exist as a state because of its policy of apartheid. South Africa lost its legitimacy because of its refusal to guarantee and protect the rights of black South Africans in the same territory.
The arrangement in Apartheid South Africa has many similarities with Israel, which is why every major human rights group has concluded that Israel is committing the crime of apartheid. Within the territory controlled by the occupation state – known also as historic Palestine – seven million of Israel’s Jewish population enjoy full rights and privileges, while seven million of the territories’ non-Jewish population experience some form of discrimination depending on where they live. Twenty per cent of Israel’s Palestinian citizens for example suffer less discrimination than the five million Palestinians in occupied West Bank, Jerusalem and Gaza. Not forgetting also, the six million Palestinian refugees who are refused their right to return while every Jew in the world is granted their “right to return”.
Returning to the expert testimonies, Dugard and Shlaim rejected Israel’s “right to exist”, explaining that such a right cannot be exercised because there is no basis for it in international law. According to Dugard, the rights of a state that are enshrined in international law are the right to territorial integrity; political independence and not to be forcibly attacked by another state. It’s not obvious therefore why Israel should be allowed to enjoy these rights given that it has no defined borders, and furthermore not only has it forcibly attacked and occupied the State of Palestine, it continues to annex territory beyond the internationally recognised borders of the apartheid state.
Further arguments rejecting Israel’s “right to exist” are demonstrated by the fact that a state may be recognised as a state by some states but not by others. Consequently, it is a state for those countries that recognise it but not for states that do not recognise it. Palestine, for instance, is recognized as a state by 138 countries, which is more than Kosovo, recognised by 100 states.
Perhaps the most powerful objection against Israel’s demand on others to recognise its “right to exist” are claims it had made about itself during the country’s founding. Israel’s declaration of independence was based on the Balfour Declaration, the Mandate of the League of Nations and the General Assembly’s Partition Resolution. Every one of those claims have been challenged on legal grounds since 1948. The Balfour Declaration of 1917 for example did not recognise the right of the Jewish people to a state in Palestine. It simply stated that the British government viewed “with favour the establishment in Palestine of a home for the Jewish people” but that this was to be without prejudice to the “civil and religious rights of existing non-Jewish communities in Palestine.” The clear and obvious goal of the declaration was to create a “home” for the Jewish people “In Palestine,” not erase Palestine as Israel has done to supplant a new state on top of it.
Similar contentions exist with the British Mandate for Palestine and UN Partition Plan. Although the Mandate incorporated the provisions of the Balfour Declaration it made no provision for a Jewish State. As for the partition plan, Palestinians rejected Resolution 181 on account of its unfairness: it gave the Jewish community comprising 33 per cent of the population of Palestine 57 per cent of the land and 84 per cent of the agricultural land.
The message in the expert testimonies can be boiled down to the fact that not only is the British government’s suppression of a discussion on Israel’s “right to exists” preposterous, ahistorical and an attack on freedom of thought, there can be no discussion about Israel’s “right to exist” without a similar discussion about Palestine’s right to exist.
False hopes and broken promises litter the ground behind the UN Statement on Palestine
By Ramzy Baroud | MEMO | February 28, 2023
Rarely does the Palestinian Ambassador to the UN make an official comment expressing happiness over any official proceedings concerning the Israeli occupation of Palestine. Ambassador Riyad Mansour, though, is “very happy that there was a very strong united message from the Security Council against the illegal, unilateral measure” undertaken by the Israeli government.
The “measure” in question is a decision, on 12 February, by the far-right government of Israeli Prime Minister Benjamin Netanyahu to construct 10,000 new housing units in nine illegal Jewish settlements in the Occupied Palestinian West Bank. Predictably, Netanyahu was angered by the supposedly “very strong united message” from an institution that is hardly known for its meaningful action regarding international conflicts, especially in occupied Palestine.
Mansour’s happiness may be justified from some perspectives, especially as we seldom witness a strongly-worded position by the Security Council that is both critical of Israel and embraced by the US. The latter has used its veto in the council 53 times since 1972 — according to the UN itself — to block draft Security Council resolutions that are critical of the occupation state.
However, a close examination of the context of the latest UN statement on Israel and Palestine shows that there is little reason for Mansour’s excitement. The statement in question is just that; a statement, with no tangible value and no legal repercussions. It could have been meaningful if the language had been unchanged from its original draft. Not of the statement itself, but of a binding UN resolution that was introduced on 15 February by the UAE ambassador.
Reuters revealed that the draft resolution would have demanded that Israel “immediately and completely cease all settlement activities in the Occupied Palestinian Territory.” That resolution — and its strong language — was scrapped under pressure from the US and was replaced by a mere statement that “reiterates” the Security Council’s position that “continuing Israeli settlement activities are dangerously imperilling the viability of the two-state solution based on the 1967 lines.” It also expressed “deep concern”, actually, “dismay” with Israel’s 12 February announcement.
Netanyahu’s angry response was mostly intended for public consumption in Israel, and to keep his far-right government allies in check; after all, the conversion of the resolution into a statement, and the watering down of the language were all carried out with the prior agreement of the US, Israel and the PA. The Aqaba conference held two days ago is confirmation that such an agreement is indeed in place. Hence, the statement could not have come as a surprise to the Israeli prime minister.
Moreover, US media spoke openly about a deal, which was mediated by US Secretary of State Antony Blinken. The reason behind it, initially, was to avert a “potential crisis” which would have resulted if the US had vetoed the resolution. According to the Associated Press, such a veto “would have angered Palestinian supporters at a time that the US and its western allies are trying to gain international support against Russia.”
However, there is another reason behind Washington’s apparent sense of urgency. In December 2016, the then US Ambassador to the UN Susan Rice refrained from vetoing a similar UN Security Council resolution that strongly condemned Israel’s illegal settlement activities. This happened less than a month before the end of Barack Obama’s second term in the White House. For Palestinians, the resolution was too little, too late. For Israel, it was an unforgivable betrayal. To appease Tel Aviv, the Trump Administration gave the UN post to Nikki Haley, an ardent supporter of Israel.
Although another US veto would have raised a few eyebrows, it would have presented a major opportunity for the strong pro-Palestine camp at the UN to challenge US hegemony over the matter of the Israeli occupation of Palestine. It would also have deferred the issue to the UN General Assembly and other UN-related organisations.
Even more interesting, according to the Blinken-mediated agreement — reported by AP, Reuters, Axios and others — Palestinians and Israelis would have to refrain from unilateral actions. Israel would freeze all settlement activities until August, and Palestinians would not “pursue action against Israel at the UN and other international bodies such as the World Court, the International Criminal Court and the UN Human Rights Council.” This was the gist of the agreement at the US-sponsored Aqaba meeting as well. While the PA is likely to abide by this understanding — since it continues to seek US financial handouts and political validation — Israel will most likely refuse; in fact, practically-speaking, it already has.
Although the agreement reportedly stipulated that Israel would not stage major attacks on Palestinian cities, only two days later, on 22 February, Israel raided the West Bank city of Nablus. It killed 11 Palestinians and wounded 102 others, including two elderly men and a child.
Moreover, a settlement freeze is almost impossible. Netanyahu’s extremist coalition government is held together in large part by the common understanding that settlements must expand constantly. Any change to this understanding would almost certainly mean the collapse of one of Israel’s most stable governments in years.
Why, then, is Mansour “very happy”? The answer stems from the fact that the PA’s credibility among Palestinians is at an all-time low. Mistrust, if not outright disdain, of Mahmoud Abbas and his authority is one of the main reasons behind the brewing armed rebellion against the Israeli occupation. Decades of promises that justice will eventually arrive through US-mediated talks have culminated in nothing, so Palestinians are developing their own alternative resistance strategies.
The UN statement was marketed by PA-controlled media in Palestine as a victory for Palestinian diplomacy. Hence, Mansour’s happiness. But this euphoria was short lived.
The Israeli massacre in Nablus left no doubt that Netanyahu will not even respect a promise he made to his own benefactors in Washington. This takes us back to square one: back to where Israel refuses to respect international law, the US refuses to allow the international community to hold Israel to account, and the PA claims another false victory in its supposed quest for the liberation of Palestine. Practically, this means that Palestinians are left with no other option but to carry on with their resistance, indifferent — justifiably so — to the UN and its “watered-down” statements.


