Mike Pompeo: "Recognizing Jerusalem as the capital of Israel is recognizing reality"

By the Law Among Nations, Jerusalem Belongs to Us Jordan’s annexation of the East Jerusalem was never recognized by the international community.

Rabbi Shlomo Goren blowing the Shofar near the Western Wall in June 1967

Contrary to the claims made by Palestinian leaders, various NGOs, and certain members of the international community, international law fully recognizes the Jewish people’s claim to Jerusalem, where they have historical roots dating back over 3,000 years and have been the largest ethnic group in the city since 1820.

Ernst Frankenstein, a British authority on international law said, for example, that the Jewish people have a right to their ancestral homeland and ancient capital city in Jerusalem based on the fact that the Jewish people never relinquished their historic claims to the area.

Furthermore, Frankenstein claimed that Roman, Byzantine, and other successors lacked a “continuous and undisturbed presence” in Israel that would dispossess the Jewish claim to the land. In fact, the Ottoman Turks, who owned the Land of Israel prior to WWI and the British Mandate, renounced their claim to all of the land of Israel in the Treaty of Lausanne in 1923. When the Balfour Declaration was drafted there was no Palestinian “nation.” In 1919, Palestine was a sparsely populated land where Lord Balfour claimed that only 700,000 Arabs lived, of whom a large number migrated within recent history.

In contrast, there were far more Jews in the world in need of a homeland in 1919 than there were Arab residents in Israel and there existed a significant Jewish minority that continued to live in Israel. As the Blackstone Memorial, signed by Chief Justice of the U.S. Supreme Court Melville Fuller, proclaimed in 1891, Israel, which included Jerusalem, is the “inalienable possession” of the Jewish people “from where they were expelled by force.”

The Balfour Declaration was drafted with the goal of establishing a Jewish national home in the Land of Israel. The “civil and religious” rights of the Arabs were to be respected, yet politically, the country was supposed to belong to the Jews. The Balfour Declaration was ingrained into international law at the San Remo Conference. Through San Remo, “The Jewish people have been given the right to establish a home, based on the recognition of their historical connection and the grounds for reconstituting this national home,” Jacques Gauthier, an expert on international law, had explained.

Thus, the Palestine Mandate, which included a united Jerusalem was established with the goal of guiding “towards independence and self-governance those races, peoples or communities who for various reasons are not yet able to stand alone” – in this case the Jewish people – according to J. Stoyanovsky writing in The Mandate for Palestine. Around the same period of time, the international community discussed setting up mandates to assist other nations in similar situations, such as the Armenians, although in their case it wasn’t implemented.

Contrary to Palestinian claims, none of the resolutions passed since the San Remo Conference renounce the Jewish claim to a united Jerusalem. U.N. Resolution 181, although it called for Jerusalem to be an international city, never held any force under international law and it was rejected by the Arab side. Furthermore, the resolution states that a referendum was to be held after 10 years to determine changes to the city’s status; since Jerusalem had a Jewish majority, it was expected that a united Jerusalem was to become a part of Israel after 10 years. Furthermore, U.N. Security Resolution 242, of which all peace negotiations are based on, deliberately makes no mention of Jerusalem and does not call upon Israel to withdraw from all of the territories it captured in 1967. And finally, when Jordan controlled east Jerusalem, Jordan’s annexation of the area was never recognized by the international community; and since that date, Jordan has relinquished all of her claims to Jerusalem.

Thus, Israel has the strongest claim to Jerusalem according to international law.

Visit United with Israel.

Netanyahu: On Jerusalem, I don't care what the UN says

Prime Minister Benjamin Netanyahu: "Western Wall is not occupied territory and I don't care what the U.N. has to say about that" • Palestinian Authority President Mahmoud Abbas: "If settlement in Jerusalem and E1 continues, there will be no other choice but to dissolve the authority and give the responsibility for the Palestinians back to Israel."

Daniel Siryoti and Shlomo Cesana

A construction site in the Jerusalem neighborhood of Ramat Shlomo.  | Photo credit: Oren Nachshon

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The U.N.’s position that, based on international law, the Temple Mount does not belong to Israel, is "irrelevant," Prime Minister Benjamin Netanyahu told three Israeli TV news outlets in a series of pre-election interviews over the weekend.

"The Western Wall has always been and always will belong to Israel,” Netanyahu said. “Since 1967 we have been building in Jerusalem despite world opinion. All of Israel's governments ordered the construction of homes in Jerusalem's Jewish neighborhoods, and we are no different in that respect. If the U.N. does not accept the principle of our construction in Jerusalem, for what purpose was this state established?"

Asked if the interviews to the three channels was in response to a drop in support for the Likud-Yisrael Beytenu coalition in recent polls and the strengthening of Habayit Hayehudi ("The Jewish Home"), Netanyahu replied, "Forget about that; that's only an urban legend. We have resided in the Jewish nation's capital for 3,000 years. The Western Wall is not occupied territory and I don't care what the U.N. says about that."

Netanyahu said the Jan. 22 Knesset election would send a message to Iranian President Mahmoud Ahmadinejad, Hezbollah leader Hassan Nasrallah and Hamas politburo chief Khaled Mashal. He said the three enemy leaders would be waiting for the voting to end to discover if Israel's prime minister had been given a strong mandate to govern or if he had been dealt a blow.

He also said he would prefer to leave the position of housing and construction minister in the hands of his Likud party, if it gained enough seats in the election, and not have it go to Shas again.

In response to Netanyahu's remarks, Labor Chairwoman Shelly Yachimovich said, "Ahmadinejad, Nasrallah and Mashal will not be voting in the coming election. Israeli citizens will be the ones to decide. It is unprecedented that a prime minister does not bother to reveal his platform and vision, and instead chooses to strike fear into the hearts of citizens in an attempt to divert the public debate to issues for which he feels no need to be accountable to the public."

Hatnuah ("The Movement") Chairwoman Tzipi Livni condemned the decision to build in E1 and said, "Netanyahu's declarations of his intention to authorize construction only serve to endanger Israel's vital interests and weaken Jerusalem and its surrounding residential blocs. His announcements are only meant for voter consumption, and we will all pay the price for his policy when even one home is built."

Meanwhile, Palestinian Authority President Mahmoud Abbas threatened to resign and dissolve the authority if Israel went through with its plan to construct thousands of new housing units in the E1 corridor between Maaleh Adumim and Jerusalem.

According to a report in the Palestinian media on Saturday, Abbas said, "Israel is crossing a red line in announcing it will build in E1, knowing such an announcement will lead to the end of the peace process. The Palestinian Authority will not be the watchdog for Israel's program of expansion in Palestinian territories. If this goes on, there will be no other choice but to dissolve the authority and give the responsibility for the Palestinians back to Israel."

The question Romney should ask Obama

So here's the very simple question that Mitt Romney should ask Barack Hussein Obama at Tuesday night's debate: What is the capital of Israel? 

So it would be fitting for Republican Presidential Candidate Mitt Romney to ask Barack Obama at the debate this evening at Hofstra University on Long Island - where is the capital of Israel?

Having the President of the United States to acknowledge this simple fact transcends Jewish pride. For as long as the President of the United States has difficulty answering this question he fuels the fire of Islamic Jihad terrorism - the conquest of all of Israel, of all Jews and Christians throughout Europe and North America.

As a professional media coach, I know that both Romney and Obama have been spending the last few days and countless hours in front of hot lights in closed rooms preparing for tonight's debate. Whether to wear a red or blue tie, to smile, to be politely aggressive, to ready themselves on a wide variety of questions ranging from the US economy to ObamaGate - the murders of US diplomats in Libya.

As for the tie - red represents Republican while blue is Democrat. In the most recent debate, Romney chose a red, diagonally striped tie while Obama opted for a blue tie with a very minimal pattern. As for being confident, expect Romney to maintain eye contact and reserve a broad, warm smile for Obama. Obama is not expected to be staring at the floor in this debate but rather confronting Romney. In Obama's first debate appearance he appeared dazed and depressed as he never expected anyone to question his authority as President. Romney had transformed Obama arrogance into Obama blown away. Not a good characteristic for an American President.

But far more important than the color of the tie or the amount of eye contact made between Romney and Obama would be the question of Jerusalem.

No peace or security until settlers leave Jerusalem, Abbas saysPA president claims Israel has been trying to destroy al-Aqsa Mosque and rebuild ‘alleged Temple’ in its stead

Jerusalem is a Muslim and Christian city, and there will be neither peace nor security until the Israeli occupation, settlements, and settlers leave the city, Palestinian President Mahmoud Abbas said on Tuesday.

Abbas made the remarks in a statement published in commemoration of the 43rd anniversary of the torching of Jerusalem’s al-Aqsa Mosque by Denis Michael Rohan, an Australian Christian, Israel Radio reported.

Rohan entered the mosque on the Temple Mount on August 21, 1969, and set the building alight. He was tried and found clinically insane, and hospitalized in Israel until his repatriation five years later.

Despite Rohan’s conviction, Abbas claimed in his statement that Israeli authorities were aware of Rohan’s intentions. He further charged that Israel’s actions vis-a-vis the Temple Mount have been aimed at destroying the mosque and building in its stead “the alleged Jewish Temple.”

“The arson attack at the hand of a fanatic criminal happened under the nose of the Israeli occupation authorities. It was the beginning of a series [of attacks] that have not been interrupted since that fatal day,” the statement read. “Their ultimate goal is to rob Muslims and Christians of their holy shrines, destroy the Al Aqsa mosque and build the alleged Jewish temple.”

Former Palestinian leader Yasser Arafat made similar comments in 2001 in commemorating Rohan’s attempted destruction of the mosque.

In a statement then made on Arafat’s behalf and published in the Palestinian press, PA Executive Council Zakhariya al-Agha said that the Palestinian people will continue along the path of Jihad until the occupation ends.

Cherished relationship: A new Mitt Romney ad on Israel

Media Takes Aim at Jerusalem by Rabbi Shraga Simmons

Jews have experienced repeated attempts to obliterate Jerusalem as the eternal capital of the Jewish people. On the Jewish calendar, this is month (Av) that commemorates the destruction of Jerusalem and its centrality in Jewish life. How apt, therefore, that this week BBC – the world’s largest broadcaster – has taken aim at this very same idea.

In its high-profile Olympic Games website, BBC left out any reference to Jerusalem as the capital of Israel.BBC did, however, list “East Jerusalem” as the capital of “Palestine.” (Following complaints, BBC amended the site, coldly listing Jerusalem as the “Seat of Government.”)

As a response, perhaps we should all stop referring to London as the capital of England. We’ll call it instead “the seat of track and field.”

Israel designated Jerusalem as its capital in 1950, yet most countries maintain their embassies in Tel Aviv due to ongoing political debate with the Palestinians. This has given rise to an unprecedented situation whereby a sovereign state – Israel – is denied the diplomatic right to choose the location of its capital city.

The U.S. Congress sought to reverse this travesty with the Jerusalem Embassy Act of 1995, passed by overwhelming bipartisan majority in both the House and Senate. The act states that “Jerusalem should be recognized as the capital of the State of Israel and the United States Embassy in Israel should be established in Jerusalem no later than May 31, 1999.”

Since then, a parade of U.S. presidents have promised to uphold this pledge. But with a
congressional act allowing the President to implement a waiver at six-month intervals, that’s exactly what has happened every six months since 1995.

As documented in my book, “David & Goliath: The Explosive Inside Story of Media Bias in the Israeli-Palestinian Conflict,” the media repeatedly denies that Jerusalem is the capital of Israel – an honor it has held continuously for over 3,000 years.

A few months ago, the Washington Post printed this ditty:

Obama’s more aggressive message this year reflects the increasing concern in Washington, Tel Aviv and other capitals about Iran’s enrichment program, which Israel believes will be used to produce a nuclear weapon.

Similarly, the Wall Street Journal has referred to Israel’s capital as Tel Aviv, noting the “strains between Washington and Tel Aviv” (“U.S., Israel Spar in Public, But Defense Ties are Strong,”

May 4, 2010), while CNN referred to “an explosion in the Israeli capital of Tel Aviv” (“Blast in Israeli Capital,” January 22, 2006).

This one really takes the prize: The London Guardian correctly referred to Jerusalem as Israel’s capital – but then printed this retraction:

The caption on a photograph featuring passengers on a tram in Jerusalem… wrongly referred to the city as the Israeli capital. The Guardian style guide states: “Jerusalem is not the capital of Israel; Tel Aviv is.”

It’s all part of a greater campaign to deny the Jewish connection to Jerusalem. London’s Daily Telegraph (“Middle East Peace Process ‘in Danger of Collapse,’” October 25, 2009) referred to “the Temple Mount, where the two Jewish temples of antiquity are believed to have been built,” and Time magazine identified the “Dome of the Rock, where Jews believe Solomon and Herod built the First and Second Temples.” Not an indisputable fact of history; just something that “Jews believe.”

Jerusalem is mentioned 500 times in the Bible, though not once in the Muslim Koran. And yet, the media downplays the Jewish connection by promoting the Arabic names of holy sites. In referring to the Temple Mount, the New York Times, Los Angeles Times, et al, typically cite the Muslim-Arabic name – “Haram al-Sharif, the Noble Sanctuary.” But did you ever see the Temple Mount referred to by its Hebrew name, “Har Habayit”? A Lexis-Nexis search of tens of thousands of mainstream news articles relating to Jerusalem revealed – aside from direct quotes – just one single reference to “Har Habayit.”

I’m not sure what can be done about all this, but one young man has taken the fight to court, and the U.S. Supreme Court recently ruled that American citizens born in Jerusalem can list their birthplace as “Israel.”

Even presidential hopeful Ron Paul, long known as a critic of Israel, made this recent statement:

“If Israel wants their capital to be Jerusalem, then the United States should honor that.
How would we like it if some other nation said, ‘We decided to recognize New York City
as your capital instead, so we will build our embassy there’?”

Over the millennia, many wars have been fought over Jerusalem. All told, the city has been destroyed and rebuilt no less than nine times – with each conqueror further attempting to obscure the glorious Jewish past. But the Jewish people have never abandoned Jerusalem – praying in its direction thrice daily, invoking Jerusalem at every wedding ceremony, and concluding both the Passover Seder and Yom Kippur services with the yearning cry, “Next year in Jerusalem!”
And now, in an outrage of Olympic proportions, thousands of years of uncontested history are being brazenly erased on news sites everywhere.

RJC's Backtrack

President Obama said one thing about Jerusalem being Israel's capital when he was a candidate, and something else as President. It's another broken promise from President Obama, and another reason why many in the Jewish community have buyer's remorse.

Washington, D.C. (July 31, 2012) -- The Republican Jewish Coalition (RJC) today released a new web ad focused on President Obama's flip-flop on Jerusalem. 

 

The ad, entitled, "Backtrack" highlights then-candidate Barack Obama's statements about Jerusalem being the capital of Israel and contrasts them with White House spokesman Jay Carney's inability to answer a reporter's question: "What city does this administration consider to be the capital of Israel, Jerusalem or Tel Aviv?"

 

RJC Executive Director Matt Brooks said, "Candidate Obama gained support in the pro-Israel community by saying, " The fact is that Jerusalem IS Israel's capital." As President, Obama has backed away from that assurance. This is another broken promise from Barack Obama, one the American people will remember in November. It's another reason why many in the Jewish community have buyer's remorse."

Searching for the capital of Israel HonestReporting goes searching for the capital of Israel, and discovers that despite the insistence of the British media that Tel Aviv is the capital of Israel, ever Tel Avivi knows that the capital of Israel is Jerusalem.

In today's press briefing, White House spokesman Jay Carney was unable to identify the capital of Israel:

Jerusalem mayor Nir Barkat responds to BBC questioning of Jerusalem's status as capital of Israel

Olympic gymnast Alex Shatilov tells the world that Jerusalem is the capital of Israel

A capital offense? BBC divides Jerusalem

Israel is only country not to have a capital city according to the BBC's Olympics website, while "East Jerusalem" is listed as the capital of "Palestine" • Following protest by Israeli authorities, site is updated to list Jerusalem as Israel's "seat of government, though most foreign embassies are in Tel Aviv."

Israel Hayom Staff

The world according to the BBC: Website says "East Jerusalem" is capital of "Palestine."  |  Photo credit: Yoav Ari Dudkevitch

When is a capital city not a capital city? When it's Jerusalem.

The British public broadcaster, the BBC, devoted much effort on Thursday to trying to find a way to list capital cities for both the Israeli and Palestinian delegations on its Olympic Games website.

The BBC's dedicated Olympics website, set up ahead of next week's London 2012 games, initially listed "East Jerusalem" as the capital of "Palestine." Israel, however, was left without any capital at all.

Prime Minister Benjamin Netanyahu’s Foreign Press Advisor and Spokesperson Mark Regev wrote to the BBC's Middle East Bureau Chief Paul Danahar on Thursday to protest the decision. "I am dismayed by the BBC's decision to discriminate against Israel on the BBC's Olympic website," he wrote. "Every country (and non-country) participating in the London 2012 games has been given a page on your website with background information about the country, including mention of the capital city. Every country (and non-country) except Israel."

The BBC's website was initially updated to read under Israel: "Seat of government: Jerusalem, though most foreign embassies are in Tel Aviv," while East Jerusalem was left as the capital for Palestine. The site was then updated again to say under Palestine: "Seat of intended government: East Jerusalem.”

The compromise has not satisfied Israel and Regev wrote again to the BBC on Thursday, saying that Israel was "still discriminated against" on the website. "Unlike all the other countries listed, in Israel's case our capital Jerusalem is not classified by the BBC as such, but rather as a 'seat of government.' I kindly request that Israel's capital be identified accurately on your website."

Shalom Yerushalayim

Jerusalem Day on Capitol Hill featuring Allen West Here's video of the Jerusalem Day celebration on Capitol Hill, which took place on Wednesday (June 6). The featured speaker was Republican Congressman Allen West.

Tel Aviv is Israel's Capital (According to the Guardian)

US State Department dodging question: Is Jerusalem the capital of Israel?

Transcript:

QUESTION: Yesterday there was a bit of a kerfuffle over an announcement that was made by the Department about the travel of your boss.
MS. NULAND: Yes.
QUESTION: Is it the State Department’s position that Jerusalem is not part of Israel?
MS. NULAND: Well, you know that our position on Jerusalem has not changed. The first Media Note was issued in error without appropriate clearances. We reissued the note to make clear that Under Secretary – Acting Under Secretary for R, Kathy Stephens, will be traveling to Algiers, Doha, Amman, Tel Aviv, and Jerusalem. With regard to our Jerusalem policy, it’s a permanent status issue; it’s got to be resolved through negotiations between the parties.
QUESTION: Is it the view of the United States that Jerusalem is the capital of Israel, notwithstanding the question about the Embassy, the location of the U.S. Embassy?
MS. NULAND: We are not going to prejudge the outcome of those negotiations, including the final status of Jerusalem.
QUESTION: Does that mean that you do not regard Jerusalem as the capital of Israel?
MS. NULAND: Jerusalem is a permanent status issue; it’s got to be resolved through negotiations.
QUESTION: That seems to suggest that you do not regard Jerusalem as the capital of Israel. Is that correct or not?
MS. NULAND: I have just spoken to this issue --
QUESTION: No, no. But --
MS. NULAND: -- and I have nothing further to say on it.
QUESTION: You’ve spoken to the issue but didn’t answer the question, and I think there’s a lot of people out there who are interested in hearing a real answer and not saying – and not trying to duck and say that this has got to be resolved by negotiations between the two sides.
MS. NULAND: That is our --
QUESTION: What is the capital of Israel?
MS. NULAND: Our policy with regard to Jerusalem is it has to be solved through negotiations. That’s all I have to say on this issue.
QUESTION: What is the capital of Israel?
MS. NULAND: Our Embassy, as you know, is located in Tel Aviv.
QUESTION: So does that mean that you regard Tel Aviv as the capital of Israel?
MS. NULAND: The issue on Jerusalem has to be settled through negotiations.
Lalit, thank you.
...
QUESTION: I just want to go back to – I want to clarify something.
MS. NULAND: Yeah.
QUESTION: Perhaps give you an out on your Jerusalem answer. Is it your position that all of Jerusalem is a final status issue or do you think – or is it just East Jerusalem?
MS. NULAND: Matt, I don’t have anything further to what I said 17 times on that subject. Okay?
QUESTION: All right. So hold on – so – I just want to make sure, you’re saying that all of Jerusalem, not just East Jerusalem, is a final status issue?
MS. NULAND: Matt, I don’t have anything further on Jerusalem to what I’ve already said.
Please.

This has been the US' long standing position across the decades and many administrations. It appears that the official US position is that Jerusalem was meant to be a corpus separatum, an international city, in the 1947 partition plan and as such its status - including the Israeli side of the Green Line - is still up in the air. This is in marked contradiction to the other US position that everything west of the Green Line is part of Israel. Nevertheless, the US refused to recognize Israel's declaration of Jerusalem as its capital in 1949, and that remains in effect.


In response, Ileana Ros-Lehtinen, Chairman of the House Foreign Affairs Committee, made a statement:

U.S. Rep. Ileana Ros-Lehtinen (R-FL), Chairman of the House Foreign Affairs Committee, today called on the Administration to publically recognize Jerusalem as the undivided capital of Israel. During today’s Department of State press briefing, the Department’s spokesperson refused to answer whether Jerusalem is located in Israel and whether it is the capital of Israel. The questions were related to a press release issued Monday by the Department that noted ongoing travel by a Department official to “Algeria, Qatar, Jordan, Jerusalem, and Israel,” implying that Jerusalem and Israel are two distinct entities. State later issued a release noting the official’s travel to “Algiers, Doha, Amman, Jerusalem, and Tel Aviv.” Statement by Ros-Lehtinen:

“For more than three years, the Obama Administration has followed in the flawed footsteps of its predecessors by refusing to fully implement U.S. law and move our embassy in Israel to Jerusalem.

“Now, the Administration has gone even further. A mistake on a press release is understandable, but today the Administration doubled down on its determination to treat Jerusalem as separate from Israel. Where does the Administration think Jerusalem is? On Mars?

“Legitimizing the myth that Jerusalem isn’t part of Israel undermines our ally Israel’s sovereign right to designate its own capital, and lends credibility to efforts by Palestinian leaders and extremists who continue to deny the connection of the Jewish people to their historic capital, Jerusalem.

“The Administration needs to face reality, recognize publicly that Jerusalem is the undivided capital of Israel, and fully enforce U.S. law by moving our embassy to Jerusalem.”

Israel's Foreign Ministry also responded:

“Jerusalem is Israel’s capital by decision of the Knesset and nothing can change that,” Foreign Ministry spokesman Yigal Palmor said. “Every country is entitled to choose its own capital and it is not for others to designate any one else’s capital. It’s our capital, no matter what anyone else is saying.”

Keep in mind though that if the long-dead "international city" idea is part of the reason for the US' position, then that means that Bethlehem, which was meant to be part of it as well, is also up for negotiations. In fact, the area of Jerusalem envisioned in the 1947 partition plan is much larger than greater Jerusalem is today, in all directions:

I have never yet heard any State Department spokesperson say that Bethlehem - most of which is in Area A, under full PA control - is up for final-status negotiations. But if you follow the logic, it must be. (Maybe Ramallah is also a final-status issue.)

Perhaps that would be a good follow-up question for Ms. Nuland. Or is the State Department more worried about angering Arabs than angering Jews?

UPDATE: A good article on the evolution of US attitudes towards Jerusalem is here.

Is Jerusalem in Israel?

9-year old Menachem Zivotofsky got his first trip to the United States this week - to watch the oral arguments inZivotofsky v. Clintonat the US Supreme Court on Monday.

The petitioners maintain that Menachem Zivotofsky is one of an estimated 50,000 Jerusalem-born American citizens who have been unfairly barred from listing their place of birth as Israel.

The federal statute that grants those passport holders the right to essentially identify their place of birth as they see fit has been ignored by the administrations of both George W. Bush and Barack Obama, with Bush claiming that it infringes on the president’s authority to formulate foreign policy positions, such as the administration’s stance on the status of Jerusalem.

Secretary of State Hillary Rodham Clinton, the named respondent in the Zivotofskys’ litigation, heads the chief foreign policy arm of the executive branch. She has argued that the State Department’s regulations governing the passport designation of Jerusalem-born American citizens have rightly served to maintain U.S. neutrality on the sensitive issue of sovereignty over Jerusalem. The Zivotofskys contend that the policy is biased against Israel and against Jews who have a religious attachment to the land.

“Congress recognized that with regard to the 50,000 people who have a passport that says ‘Jerusalem,’ they are being denied a certain sense of self-respect that they feel they should be able to have in terms of their own identification,” Lewin told the court in reponse to a question from Justice Samuel Alito. “This is not a statute that is designed to create some political brouhaha or make a foreign policy statement.”

Arguing on behalf of Clinton, Solicitor General Donald Verrilli acknowledged that the position of the administration is that the status of Jerusalem is disputed, and he added: “A passport is not a communication by the passport holder. It’s an official United States document that communicates the position of the United States.”

In response to a challenge from Chief Justice John Roberts, Verrilli added: “I do think that this is an area in which the executive’s got to make the judgment because it’s of paramount importance that the nation speak with one voice.”

The executive’s handling of the Jerusalem issue, Verrilli told the justices, “is a very sensitive and delicate matter. This position was arrived at after very careful thought and it is enforced very carefully.”

The State Department has contended, according to the petitioners, that if American citizens who are natives of Jerusalem are permitted to self-identify as being born in “Israel,” that would create the misperception among Arab states that official U.S. policy on the sovereignty of Jerusalem had changed, which in turn could have serious foreign policy repercussions. The Zivotofskys, however, maintain there is no evidence that would happen.

Further exploring that issue, Kagan posed a hypothetical in an exchange with Verrilli. Suppose, she said, the law governing passports included a disclaimer that stated: “The recording of Israel as a place of birth on a passport shall not constitute recognition of Israel’s sovereignty over Jerusalem.”

“Would that be constitutional?” she asked.

Probably not, Verrilli responded.

I have four children who were born in Jerusalem, Israel.

We heard here that the oral argument gave the impression that the Justices would eventually decline to interfere in the case because it's a political question. But this article makes it sound like that may not be so. As someone old enough to remember Nixon v. United States (the White House tapes case, which was decided 9-0 in favor of forcing Nixon to turn over his tapes), I'd love to see the Court come down on Congress' side.

Thru Jerusalem

Details about the video and the artist:

Thru-Jerusalem, Kutiman's latest work, is the result of a musical journey that lasted a number of weeks and included visits to a number of different musicians in the city. Kutiman stopped off in apartments, ventured out into the open air (in the backdrop of the stunning Jerusalem landscape) and visited the rehearsal rooms of local creative artists to record their work.

Among other artists appearing on the resultant video piece are musicians such as blues artist Lazer Lloyd (who after a short visit to a rabbi changed his life completely despite being signed by Atlantic Records), Guy Mar from HaDag Nahash, Safi Suede - one of the most important Kanun players in the world; the ultimate marching band - Marsh Donderma, Emanuel Wizthum on the viola and a few dozen musicians of different ages, different ethnic backgrounds and who play different instruments-but all of which derive from the city.

Kutiman worked his magic and produced an amazing 5-minute long work which documents the emotional journey he took in the city. He alternates between optimism and despair, between the future and the past, between the new and the ancient and ends the video with a mantra of harmonious and emotional prayer. The work itself is made up of a collection of unique footage of the city and in essence this is, in fact, represent the unique "sound" of the city.