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Jonathan V. Last's avatar

Update for people in the comments suggesting that Khalil might have broken some laws we don't know about: Administration sources told the Free Press that "The allegation here is not that he was breaking the law."

Also: Irony is dead.

Instead, the Free Press reports that Khalil is a "threat to the foreign policy and national security interests of the United States." I'm not sure what this administration has done over the last 6 weeks to earn the benefit of the doubt, so I'd like to see their evidence and here a fuller explanation.

Because it sure seems to me like *anyone* can be labeled a threat to America's "foreign policy." Mark Kelly was "threatening" the administration's foreign policy by visiting Ukraine.

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Leros's avatar

JVL, my man, in the effort to be scrupulously fair (which I agree with) I fear you have inadvertently set up a straw man that many Bulwarkers will seize upon. Mark Kelly (like you and me) is a US citizen, and we can say things 100% at odds to the current foreign policy and nat'l security interests of the US under the 1st Amendment. Khalil is a green card holder, not a US citizen, and therefore has slightly more limited free speech protections. Many Bulwarkers seem unwilling to recognize this. Based on the reporting I've seen so far it seems the case against Khalil primarily relates to his alleged distribution of pro-Hamas and pro-Hezbollah literature during the Barnard College sit-in/protests last week. That seems thin to me as a lawyer, but I'm not an immigration or 1st Amendment expert. I suspect this case may very well wind up at SCOTUS, but that's years away.

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Parrhizzia's avatar

"Based on the reporting I've seen so far it seems the case against Khalil primarily relates to his alleged distribution of pro-Hamas and pro-Hezbollah literature during the Barnard College sit-in/protests last week."

There's no evidence for that claim. None.

I sincerely hope that your US citizenship protects you from similar false claims.

PS: It won't.

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Leros's avatar

"There's no evidence for that claim. None." Evidence is determined by courts, not commenters. That's how the legal system works. I'm waiting for the actual evidence to be adduced and made public. Apparently you have some omniscient knowledge of all the actual evidence the rest of us lack. Or maybe you've just decided it doesn't matter.

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Parrhizzia's avatar

“Evidence is determined by courts”

That’s a very convenient semantic argument! There MIGHT be evidence, but we can’t know for SURE till it’s proven in Court?

Tell you what: I’ll accept video, photographs, admissions by Khalil, anything. Anything at all.

You got literally anything? Or just “the NYP says”?

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Leros's avatar

Agsin, as it seems you are unfamiliar with how the legal system actually functions, evidence is determined by courts, not by commenters like you. Sorry the workings of the legal system interfere with your preconceived notions.

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Parrhizzia's avatar

You said “based on reporting”, not “Court accepted evidence”.

Show this reporting or retract.

You know someone is bad faith when they make extraordinary claims, such as material sponsorship of terrorism, but can’t back it up with extraordinary evidence, or in this case, literally any evidence at all.

The one rule of authoritarianism is that the autocrat comes for everyone eventually, green card holders and citizens alike.

When the autocrat comes for you - and he will come for you - I hope that you will demand more than “let’s wait and see what super secret evidence the government says it has on me, till then I am happy to stay in jail”.

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Leros's avatar

I've shown the reporting. It was reported in the NY Post, and I provided the link. That's what reporting means. I also said I'm waiting to see if there is actual evidence as determined by a court. Enjoy your rhetorical word games. I'm out.

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Parrhizzia's avatar

That's your "reporting"? The NYP article???

The NYP article was not "reporting". It was a White House press statement, transcribed under the NYP banner.

If you take that at all seriously, then you're not to be taken seriously.

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Alister Sutherland's avatar

Do you have any substantiation that Khalil was distributing materials advocating for Hamas? Because all I've seen from him is opposition to Hamas, as well as the Netenyahu regime, but not Israel itself. In fact, he supports the Israeli opposition to Netenyahu, Likud, and the far-Right coalition currently in power. And, as a Palestinian, he obviously opposes Israel's genocide against the Palestinians in Gaza, as do I, but that's very different from supporting Hamas. I can't comment on his position regarding Hezbollah. I simply don't know.

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Leros's avatar

As I previously said, based on the reporting I've seen so far it seems the case against Khalil primarily relates to his distribution of pro-Hamas and pro-Hezbollah literature during the Barnard College sit-in/protests last week. I'm guessing more will come out in the SDNY hearing today in terms of what the Trump administration is relying upon, which remains somewhat unclear at the moment. I've tried to be careful to stick to what has been reported, and not speculate, while reminding people that his free speech rights are less than those of a US citizen.

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Alister Sutherland's avatar

Here's good run-down of the actual situation, what has actually happened, and what Khalil has, in fact, participated in. Notably absent is the distribution of pro-Hamas/Hezbollah materials. It was that assertion that concerned me. There may well be erroneous accusations or reports, particularly from right-wing outlets or the Trump admin itself.

https://nymag.com/intelligencer/article/mahmoud-khalil-columbia-student-pro-palestine-activist-what-we-know.html

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Leros's avatar

Hard to know what the facts actually are at this point. As you note, Intelligencer is silent on the assertion he distributed pro-Hamas/Hezbollah materials. On the other hand, the NY Post is reporting that the White House is claiming he "organized group protests that not only disrupted college campus classes and harassed Jewish-American students and made them feel unsafe on their own college campus, but also distributed pro-Hamas propaganda flyers with the logo of Hamas." The NY Post piece also shows a particular flyer with Sinwar's image and an automatic weapon and the words "Sometimes-history needs a . . . flood" which seems an unambiguous reference to the Hamas attack of October 7 (the "Operation Al-Aqsa Flood"), and the claim it was "allegedly distributed by Khalil." I'm skeptical of both the Trump administration and the Murdoch owned NY Post. On the other hand. Intelligencer is a left of center publication IMHO and may be minimizing some of his conduct. It also begs the question as to what Khalil's knowledge was about the dissemination of that flyer (which to me seems clearly supportive of Hamas's Oct. 7 attack). Without a more developed record, I'll have to wait and see. If the gov't is able to tie him directly to that flyer, they may have a stronger case than I originally thought, given Hamas's designation as a terrorist organization and the fact that he is a green card holder, not a US citizen. See https://nypost.com/2025/03/11/us-news/mahmoud-kalil-columbia-anti-israel-agitator-being-deported-over-pro-hamas-flyers-white-house/ (again this is the Murdoch NY Post, so I'm not saying this is accurate).

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Parrhizzia's avatar

This is no "left media", there is no "right media".

There is simply media that is willing to lie, exaggerate, credulously run IDF talking points, minimize, justify, and euphemise for Zionism, and media that will not.

For example: the "left" MSNBC is just as willing as the "right" NYP to do all these things for Zionism.

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Alister Sutherland's avatar

The NYP? Seriously? Did you say you're a lawyer?

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Leros's avatar

Did you say you can read? Which part of my caveat that "again this is the Murdoch NY Post, so I'm not saying this is accurate" are you having problems understanding? Or is it that my detailed analysis of the alleged facts as reported in different sources doesn't comport with your predetermined opinion on the matter no matter what the actual facts are, so you've decided attacking me is a better response than acknowledging that the facts are unclear at the moment?

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Alister Sutherland's avatar

It was your citation. Either you stand behind it, or you don’t. No rationale is insufficient. If you’re going to use it, then you’d better have some substantiation. Got it, Mr. Self Professed Lawyer Guy?

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Leros's avatar

The actual facts remain unclear at present. I understand that upsets your preconceived worldview of the case. I cited the NY Post and said I had no way of judging its accuracy. That's not a "rationale," it's a fact. But you are so very clever with your "Mr. Self Professed Lawyer Guy" labeling! I'm sure that made you feel much better about yourself. Snide remarks in lieu of expertise obviously help you cope. I'm out.

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Andrea Chipman's avatar

Even if he was distributing pro-Hamas and pro-Hezbollah literature, which I haven't seen, isn't that protected by the First Amendment?

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Leros's avatar

Not necessarily. Again, he is not a US citizen and as a green card holder he has more limited free speech rights.

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Tim Parker's avatar

As a former green card holder who is now a citizen, yes, you have slightly lesser free-speech rights. The government (quite reasonably) can deport you if your speech is a threat to national security or "materially supports terrorism." And they can deport you in a moment if you are convicted of a crime (details

vary by state.) Khalil didn't do either, but they're leveling these accusations so they can kick him out. (For background, I have spent many years in the Middle East, had a team in Israel, visited the West Bank, have friends in the Arab world who've given a lot to fight for democracy, and many Jewish friends in MA who hate Israel, too. So, I am sympathetic to his campaign, and I hate that Israel consistently equates being anti-Israeli-government with anti-Semitism, which is utterly false, and that so many Americans buy it. But that's a different issue.)

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Leros's avatar

As I've said elsewhere in the comments, the facts thus far as to what exactly is the basis for the government's case against Khalil are unclear. It seems to involve the dissemination of pro-Hamas and pro-Hezbollah flyers during the Barnard sit-in/protests last week. Without a more developed record, I'll have to wait and see. If the gov't is able to tie him directly to such flyers, they may have a stronger case than I originally thought, given Hamas's designation as a terrorist organization and the fact that he is a green card holder, not a US citizen.

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Alister Sutherland's avatar

Not if the materials advocate for a designated terrorist organization. At least, as far as I can tell.

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Joe McPlumber's avatar

You're on a website that hates Trump and wants to stop him Making America Great Again. I designate The Bulwark a terrorist organization and you are a terrorist advocate.

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Alister Sutherland's avatar

You’re an idiot. The sooner you come to terms with that, the sooner you’ll find yourself less ostracized by the rest of humanity. Gradually, over time, you might find yourself reintegrated into society. Until then, I wish you well.

Things will not go well for you. Outside of your very narrow social circle, people will not want to associate with you. Though I do suggest you educate yourself. Read. Do it a lot. (Alot is not a word, BTW. Many people like you don’t know that).

Here’s a start. Look up Curtis Yarvin. I know, it requires at least some effort. But you will learn some things about the people you support.

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Joe McPlumber's avatar

Did you just seriously stew on some random comment for an entire week?

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Alister Sutherland's avatar

No, I just didn’t look at it in the interim days. Not that it’s any of your business. I expect something more than small mindedness from participants in the Bulwark formums. For the most part, that’s what I find, but there are, of course, exceptions.

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Alister Sutherland's avatar

LOL! Don't you have some nuts to fasten to some bolts somewhere?

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RonS's avatar

Exactly WHEN did America stop being great?

I've followed trump for 30 years as OPPO for the Party (yes, GOP) and know him well.

There is NOTHING about trump that is fit for the job or POTUS or leader of ANY large, complex orgaization. He has no idea how to do the job. He showed us in trump 1.0 and is again in trump 2.0. Nothing but a cluster F.

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Leros's avatar

Merely being on the website would undoubtedly be legally insufficient to revoke a green card for a green card holder (again-this is all inapplicable to a US citizen who has full blown 1st Amendment protection).

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Alister Sutherland's avatar

I gather you - according to your statements - are a lawyer. Surely you should know that a Green Card holder is entitled to the same rights under law as an American citizen, except for the right to vote, or engage in terrorist activities (that last one is prohibited for Americans too). I'm a Scots/Canadian, and even I know that.

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Leros's avatar

I am a lawyer and in my opinion your statement is overbroad and inaccurate. A green card holder's 1st Amendment protections are not coequal to a US citizen's 1st Amendment protections because a green card holder is also governed by the relevant US immigration laws, and as the Khalil case demonstrates, the exact boundaries of US immigration law and the 1st Amendment protections for a green card holder are unclear because the case law on this issue is mixed. This has been discussed in several recent articles by 1st Amendment experts (which I do not claim to be, although I know how to read a case and an article that discusses US law). You use the language "engage in terrorist activities" in a way that suggests that if a green card holder does not "engage" the green card holder has the same 1st Amendment protections as a US citizen. My understanding (again as a lawyer but not a 1st Amendment expert) is that this is incorrect because, under the relevant US immigration law provision, a green card holder has free speech protections "unless the Secretary of State personally determines that the alien’s [presence] would compromise a compelling United States foreign policy interest” (emphasis added). See https://www.justsecurity.org/109012/legal-issues-deportation-palestinian-student-activists/ which discusses this in much greater detail. Because that provision does not apply to US citizens, your statement implying a green card holder and a US citizen have the same free speech protections under US law is simply incorrect. I've tried to respond politely to you, and have been open about what I see as the ambiguities in the Khalil case and have tried to avoid bringing my personal feelings about the matter into this, but it seems you now want to interject some hostility into the conversation with snide "[s]urely you know" and "even I know that" comments, so our colloquy is over from my perspective.

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hrlngrv's avatar

If there are commenters on Youtube who'd say police shooting 5-year-olds who wouldn't share at the playground were justified use of force, good luck convincing half of 'M'rk'ns Khalil didn't have it coming.

When they came for the socialists, MAGA said I'm not one, and they had it coming.

When they came for the Jews, MAGA said I'm not one, and they had it coming.

When they came for me, MAGA whined I'd voted for Trump.

Philosophical: is learning from experience possible in our FAFO Age?

| here a fuller explanation.

Hear? Editors really are so expensive.

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Terry Mc Kenna's avatar

Sorry but having gone to school and worked in Manhattan, a listened to local media. Jews and Palestinians are like angry cats, I trust neither of them to be repesented clearly. Each hates the other and many of one would endorse killing many of the other. I am not going to asses Khalil other than to suggest that since htere are many more Jews in our area than Palestinians, I have heard lies about Palestinians for decades. In 1970 in a class in college in NYC I dared mention Palestinians and a Jewish kid yelled at me that htere are no Palestinians. The class was possible 1/3 Jewish, 1/4 Chinese. No one had the details to challenge. I did not - I was just an irish catholic kid being yelled at.

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RonS's avatar

The only choices for Israel:

A. An undemocratic Israel – The current status quo. US is done with that

B. An Arab majority Israel – From population growth, the end of Israel as a Jewish state

C. Or the ONLY moral and workable solution:

- The Two State Solution, with Israel:

- Pushing for it

- Supporting it

- Securing it

- Investing in it

- Ensuring its success

- Living with it proudly as a world model.

This is the only choice that will allow Modern Israel to exist at all.

If Israel does not commit to this and do it now:

- Israel's security will always be in jeopardy

- Israel will become more and more isolated

- Israel will lose support of the world, especially Europe

- More significantly, Israel will lose the support of the US, losing financial and military and political support.

Zionism created this problem, not Judaism. That realization is not Antisemitic.

Only Israel can fix it. The only answer is a successful autonomous Palestinian State that is all of the West Bank with secure access to an open Gaza.

Jews are strong enough to see that success through.

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RonS's avatar

THIS is the reality on the ground for Palestinians today that Israel is responsible for:

-75yrs of ethnic cleansing

-15yrs of blockade

-Confiscation of lands

-Pogroms on towns

-Desecration of sacred sites

-Daily raids into homes.

-Constant humiliation of an entire people

-None of October 7th is unprovoked

NO American would put up with that for a week, let alone 75 years.

Search up “The Human Cost of the Israeli-Palestinian Conflict“ and tell me Palestinians have no cause.

In 1946 there were 1,269,000 Arabs in Palestine, twice as many as any other people. All of those people, their children and grandchildren have rights to the land today in the same proportion – 2/3 Arab Palestinian as the Palestinian Homeland and 1/3 Jewish as Modern Israel.

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mgnt's avatar

We used to have a process that allowed the state to determine whether or not someone had committed a crime. If I remember correctly, the process relied on the state filing formal charges, and presenting evidence to support those charges in an open court. Both the state and the accused party could question witnesses to elicit testimony, and cross-examine the witnesses presented by the other party. A panel of citizens would review the evidence and determine whether or not the accused had been proven guilty.

If we allow the state to discard that process for people we don't like, we should not be surprised to find the process no longer applies to us.

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Charles's avatar

Senator Kelly was acting, and continues to act, as a patriot. I can't say the same for the Republican President and Vice President of the United States. Frankly, they are acting more like traitors than leaders who truly love this country. A pox on both their houses!

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Sko Hayes's avatar

I read that he grew up in a Syrian refugee camp, I figure he's entitled to his opinion, whether I agree with it or not.

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Chad Brick's avatar

What part of the pro-Palestine position do you disagree with?

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Sko Hayes's avatar

Absolutely not getting into that discussion in a comment section.

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Nickson's avatar

How about this one: “From the river to the sea, Palestine will be free.”

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Scott Smith's avatar

The Arabic of that translates to "From water to water, Palestinine will be Arab." In other words the entirety will be judenrein.

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Nickson's avatar

Yes, indeed. In any event, I’m sure that the person asking the question is aware. I shouldn’t have taken the bait by responding …

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Chad Brick's avatar

So they should not be free? Or only free on some fraction of their former land? Without compensation, I assume.

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Who?'s avatar

“Some fraction of their former land” is the very basis of the two-state solution (currently dead in the water, of course, but that’s irrelevant here). A maximalist land claim is a fantasy, and a potentially troubling and dark one. Because one might end the slogan “…free of Jews,” and there are certainly people desirous of that.

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RonS's avatar

In 1946 there were 1,269,000 Arabs in Palestine, twice as many as any other people. All of those people, their children and grandchildren have rights to the land today in the same proportion – 2/3 Arab Palestinian as Palestinew and 1/3 Jewish Palestinian as Israel.

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Who?'s avatar

Oh Ron, it’s not me you need to convince of just ratios and percentages, taking pre-Nakhba demographics as your baseline. It’s the Knesset, Likud, Bibi, the people of Israel, Hamas, Fatah, and the PLO. The World’s Most Intractable Conflict hasn’t seen much constructive agreement as of late. More power to you if you manage it.

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RonS's avatar

The US must cancel ALL military, economic, political assistance and cancel all trade with Israel until it agrees to create the Palestinian State,

Now that trump is in, that won't happen. Only with Dems in power in two years is there any chance.

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RickRickRick's avatar

ME! I'm a threat to American foreign policy because I think we should oppose Putin's foreign policy.

Arrest me, Trump! Please! I'm ready!

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Parrhizzia's avatar

The golden rule of authoritarianism: the authoritarian comes for everyone, eventually.

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Mark P's avatar

Considering Trump's foreign policy is all over the place from one day to the next, anyone and everyone could be considered a threat. Honestly, when I see the words "threat to the foreign policy and national security interests of the United States.", the first person I think of is Donald Trump.

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Celia Abbott's avatar

But it is ok if Musk negotiates with Putin and Trumps golfing buddy negotiates with Hammas. This is definitely trying to get us used to the all seeing OZ (aka Trump and Musk) and any little thing they want to any one anyone. Anytime anywhere.

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Sko Hayes's avatar

Yeah, I was on Twitter last night, arguing with some idiot, he'd never heard about Trump negotiating with Hamas behind BIbi's back.

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Katherine B Barz's avatar

Just like the idiot didn’t know Felon Trump negotiated with the Taliban behind the Afghan’s back, and then blamed Biden for the foul up.

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Vik's avatar

Karoline Leavitt has also said confirmed that the only accusations against Khalil are that he led protests at Columbia & distributed flyers that were "pro-Hamas propaganda". (She declined to share these fliers with reporters, so even this 2nd charge could be a lie.)

If Khalil had actually been charged with any serious crime involving terror organizations, then he would have been arrested by the FBI & not by ICE, and would have been moved to Federal Prison & not immigration detention.

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Katherine B Barz's avatar

Since this happened in New York, the state has not charged him with any crime. This is on ICE and DHS to put up or shut up. And in WAPO, it was reported his wife, who was an American citizen to leave or be arrested. Calling ACLU for one enormous law suit.

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William Anderson's avatar

Is that administration admission enough to get Mona defending Khalil? If Mona Charen is at least anti-anti-Khalil, I might think that they might not get away with this.

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Sko Hayes's avatar

Don't get carried away, William.

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Don Gates's avatar

Don't tell the folks at FP who Trump's DNI is.

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SETH HALPERN's avatar

Apparently Kelly hasn't been accused of violating the Logan Act, which has periodically been dredged up (without success) against partisan opponents of particular administrations. https://en.wikipedia.org/wiki/Logan_Act?wprov=sfla1

Instead, Elon called him a "traitor." Whether that's supposed to pave the way for a groundbreaking new precedent or is just typical MAGA bloviation, I could only speculate.

Anyway, the gov't can't deport otherwise legal foreigners (like, apparently, Khalil) just because the WH or State Dep't finds their ideas "threatening." The time for summarily excluding "threatening" foreigners is before they first enter the country. At least, the last time I looked.

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Trey Harris's avatar

Of course, the Logan Act has never been successfully used against *anyone*, much less a member of Congress.

There are innumerable reasons besides conducting independent foreign policy that a member of the Senate Armed Services Committee would visit an ally to whom we’re providing military aid. Since Trump has (so far) only “paused”, not eliminated, Ukraine’s military aid (and has since reversed the pause), Kelly’s trip very clearly falls under Congressional oversight powers.

In other words, there’s likely no *more* relevant law, but the Logan Act isn’t on-point either. So if they really do intend to go after Kelly, they might use the Logan Act in a clearly unlawful way, or some other authority in an equally unlawful way.

And of course as we were repeatedly reminded by Trump supporters when Trump and his lackeys were casually called “traitors”, true treason requires supporting a declared enemy of the United States, and Ukraine is not. Even if it becomes one in the future, meetings prior to that status of enmity couldn’t retroactively be illegal.

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Alister Sutherland's avatar

Apparently, this government is about to do exactly that, setting a dangerous and deliberate precedent. They also want to eliminate birthright citizenship and 'deport' American-born citizens. To where is not clear, but all the moves Trump and his gang of thugs are making are in service of their totalitarian project. ICE has even arrested and detained native Americans. I don't know if any have been deported somewhere, but it wouldn't surprise me.

They will strip naturalized citizens they don't approve of; Black, brown, Asians, political dissidents of any creed or color, LGBTQ people etc., declare them illegals and criminals and ship them off to who know where, or detain them indefinitely in prison camps.

We all know where this leads.

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Mickey Marshall's avatar

Ah yes, the old national security threat catchall. It seems they have given up the broad brush for a push broom.

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Joshua T. Foley's avatar

Between the Trump administration and the Free Press, "credibility" is on milk cartons.

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Mickey Marshall's avatar

Ah yes, the old threat to national security. It seems they given up the broad brush for a push broom.

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Geoff Anderson's avatar

Slippery slope, and it's gon' get bumpy AF

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Steve Beckwith's avatar

And this regime is definitely sliding the slope to full authoritarian power.

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OJVV's avatar

Yeah, it is slippery and a slope we are already well on our way down. Certainly folks like JVL and others at The Bulwark are targets, but they're really visible. The commenters and supporters are easy, cheap targets that could easily be next.

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Mitchell's avatar

Sadly, I've been saying to myself that the bulwark is my canary in a coal mine. If The Bulwark disappears, then I know it's time for me to shut up or risk jail.

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Who?'s avatar

Even now, we’re very far from that. And fear is the mind-killer.

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