Is Mahmoud Khalil someone I should support or condemn? I’m talking about whether or not he should be jailed/deported, not his views on Israelis vs. Palestinians.
About Mahmoud Khalil
- Born in a Palestinian refugee camp in Syria. Holds Algerian citizenship. 30 years old.
- (Now former) graduate student at Columbia University.
- Prominent activist in the anti-Gaza-War protests at Columbia.
- Has not been charged with a crime.
- He’s a permanent US resident (has a “green card”). His wife is a US citizen.
- Khalil’s wife is 9 months pregnant with their first child. This is being reported in the media as if it should have any bearing on how his case is adjudicated. If he’s being wrongfully persecuted, it would be just as wrong if he was single and childless. If he’s guilty of something that justifies deportation, then he, not the government, is responsible for the misfortune this brings upon his family.
- On April 11, Assistant Chief Immigration Judge Jamee Comans ruled that Khalil could be deported. Khalil is appealing.
Troubling actions by the US government
There are several things about the way the government is pursuing this case that trouble me.
Transfer to Louisiana
Khalil lives in New York (Manhattan). Why has he been transported to and held in Louisiana? To separate him from his wife and lawyers? Judge shopping? (Judge Comans’ court is in Louisiana.)
No charges
The government hasn’t alleged that Khalil broke any laws and seems to be grasping at straws to find some, any justification to deport him.
- A rationale given by a Department of Homeland Security spokeswoman was that his arrest was “in support of President Trump’s executive orders prohibiting anti-Semitism.” There are 2 problems with that.
- Antisemitism is vile, but to prohibit antisemitism is to prohibit “wrong” thought or speech. The government doesn’t get to do that. Also, I kind of want the antisemites to speak up and show the rest of us who they are.
- “Antisemitism” is overly broad. I don’t know of Khalil being explicitly antisemitic, but it’s not a hard sell for me considering his ties to the BDS movement (more about that below).
- An NBC News story from March 11 reports that the White House alleged pro-Hamas propaganda was distributed at the campus protests Khalil organized. Did he know about or participate in that? Also, today is April 13. What are the grounds for jailing him all this time?
- The government claims he worked for UNRWA (United Nations Relief and Works Agency for Palestine Refugees in the Near East) and withheld that on his visa application. Israel had alleged that 12 UNRWA employees had participated in the October 7 attack, which resulted in the Biden administration halting funding to UNRWA. That’s 12 too many, but UNRWA claims to have around 28,000 employees, or 0.04% who Israel alleges were Hamas terrorists that participated in October 7. Considering that Hamas had been ruling/infesting Gaza for many years, I’d be happy if the number was really that low. The government seems to be making a very loose guilt by association argument.
Meddling from the top
Very senior officials (Secretary of State Marco Rubio) are taking a very public profile on this case, and that’s unusual (unusual historically, not unusual for the Trump administration). Normally this sort of thing is handled by much lower rank-and-file officials.
The senior people need to refrain from public comment and let the system work. I don’t know if the presumption of innocence until proven guilty technically applies here, but if he’s guilty, then why not let the system work? If the system doesn’t work, then that’s what the senior officials need to be concerned about. I don’t want senior officials micromanaging, especially on matters of minor (if any) offense. Their job is to ensure that the system works properly. If it does, then it will do what is right.
It’s like the senior officials are prejudging a case before the accused (of what I’m unclear on) has his day in court. That’s not to say senior officials should never intervene in such proceedings, but that should be the exception, when the system breaks down, like when there’s an edge case with extenuating circumstances.
Executive branch overreach
The executive branch (State and Homeland Security departments) wants to deport him without due process. They can bring a case to the courts, but they don’t get to decide – the courts do. They have to prove in court that deportation is warranted by the law and the facts of the case. Judge-shopping undermines this, as does undermining access to legal counsel. A hallmark of the Trump administration has been to flout the checks and balances the other branches of government have on the executive. Many people think this is good because it’s expedient. I hold this truth to be self-evident: unchecked power leads to corruption. If the checks are undermining the legitimate functioning of government, then fix how the checks are implemented. Don’t eliminate them.
Anti-Israel sentiment at Columbia
Boycott, Divestment, and Sanctions (BDS)
Boycott, Divestment, and Sanctions (BDS) is a movement to weaken Israel through economic isolation. BDS existed long before the Gaza War. BDS is manifestly anti-Israel. I personally believe BDS strongly correlates with antisemitism. I’d even say BDS is the present-day hub of left-wing antisemitism.
Columbia has a BDS student organization called Columbia University Apartheid Divest (CUAD). Read more about CUAD here. (Note, CUAD also espouses leftist anti-Americanism.) Khalil served as a CUAD activist and a negotiator between Columbia administrators and CUAD about the protests. Here’s an interesting article in Politico by someone who knew Khalil at Columbia, which states one of CUAD’s demands being for Columbia to “cut all its ties to Israel”.
CUAD is radical. CNN reported that CUAD retracted an apology it issued when one of their members (not Khalil) said in a video posted online that “Zionists don’t deserve to live” and “Be grateful that I’m not just going out and murdering Zionists.”. When you’re trying to build a broad coalition, there’s an imperative to accept people whose views on other issues offend you but who agree with you on the issue. You should take careful consideration before excluding someone, but sometimes that’s the only sensible option. Here I’d say Khalil showed poor judgment in choosing the company he kept (assuming he’s not like-minded).
Civil disobedience
Khalil was a negotiator with the school administrators on behalf of the student protesters. I’m not clear on the extent to which Khalil lead or instigated civil disobedience. If the protesters did choose him to represent them, that suggests he did indeed have leverage to get the protesters to accept a deal (none was ever reached).
Civil disobedience is for those who so believe in their cause they’re willing to put everything on the line (ability to finish school, future employability, etc.). Civil disobedience (when breaking the law) is not free speech. In principle, I don’t condemn civil disobedience if other avenues to fighting injustice aren’t available or effective. I do have a problem when it shuts down classes, blocks students from accessing resources at the university, or threatens/intimidates Jewish (or any) students. Presuming Khalil was an active participant in civil disobedience, he needed to keep these issues in mind. He might have broken the law (no charges filed) and thus willingly chose to make himself susceptible to prosecution.
If I’m contemplating civil disobedience, I’d better be sure I understand what my cause is and that it’s righteous.
Journalism that would impress me
Khalil’s case has been covered extensively in the media. As is typical of the media, the coverage has been shallow. If there’s a journalist covering the Khalil case who isn’t afraid to overachieve (and isn’t overruled by their powers-that-be), these are questions I’d want explored:
- Has Khalil ever said anything really bad, like calling for the annihilation of Israel “from the river to the sea”, supporting Hamas’ terrorism/violence, dehumanizing Jews? Do you have that on video?
- Were pro-Hamas materials disseminated at rallies he organized? What materials? Show me pictures. If so, was he involved in their dissemination, and did he even know about it? (When you organize a rally, you have to think about how that rally might be co-opted by unsavory actors.)
- Has he ever spoken out against Hamas, even as he has advocated for Palestinians? The Palestinians are people too, and they have been disenfranchised (by their own leaders, not just Israel). There’s plenty room for support of Palestinian self-determination without supporting Hamas. I’m all for Palestinian aspirations for a better future, but, for me, a credible pro-Palestinian advocate must condemn Islamist terrorism to have a seat at the table of rational debate.
The Bait and Weasel Effect
Here I described what I’ll call the Bait and Weasel Effect. (There’s probably an accepted term for this phenomenon, but I don’t feel like looking for it.) This arises in situations when someone has to act right in order to get an irrevocable reward that will allow them to act as badly as they want (and in perpetuity) without consequence after the reward is bestowed. To name a few examples:
- tenure
- lifetime appointment of federal judges
- granting citizenship or permanent residency
Ways to mitigate:
- Vetting. Better vetting is better but not sufficient by itself. It’s impossible to screen out all the faithless actors.
- Don’t make it so absolute or irrevocable. This is the most appealing, but it’s also a slippery slope.
- Live with it. This is the least appealing, but to some degree it’s inevitable.
I don’t have the answers, but this is the tradeoff space we’re working in.
It’s infuriating when foreigners come to our country, badmouth us and our values, lecture us that we must show them the respect they’re entitled to from us, all while soaking up the beneficence our country showers them with. (I’m thinking of Ilhan Omar.) I don’t want such Trojan horses to become permanent residents, even if they’re not a security threat. I don’t know if Khalil falls in that category.
Perhaps there’s another dynamic that we underappreciate. By letting these ingrates enter our country, keep being here, and keep being their ungrateful selves, they keep us riled. These keeps it for front-of-mind for the rest of us what our values are and that they really do matter. My hunch is that outweighs the “damage” the ingrates actually do. Having gadflies like Khalil could help keep popular support for Israel strong.
How I feel about Mahmoud Khalil
As someone purporting to advocate for Palestinians, his own people, it would be a good look for Khalil to regularly condemn Hamas if he’s going to condemn Israel’s actions against Palestinians (which is protected free speech, and frankly I don’t blame him). I found an excellent op-ed (I recommend reading) that poses the question of why Khalil didn’t denounce Hamas (if that’s indeed true, which it seems to be by lack of reporting to the contrary). It could be that he’s cavalier at best about the October 7 attack. Maybe that doesn’t bother him. If he’s all about the Palestinians, why not condemn Hamas for imposing an Islamist terror regime on their own people? Or for instigating a cataclysmic war that has devastated the Gaza Strip and those who live there?
I also consider Khalil’s prominent role with CUAD, which is unabashedly pro-BDS and anti-American. Should we want immigrants like Khalil? I don’t, but maybe having a few like him has some indirect benefit.
How I feel about the rule of law
I believe in the rule of law and having a prescribed legal process that ensures the rights of the accused (even if I dislike that person) are upheld and that leads to a just outcome. How we govern is as important as governance outcomes because the 2 are intertwined.
Donald Trump wants to expand his power. For that he needs to get loose from the checks on the executive branch set forth in the Constitution (which he swore to uphold when he took the oath of office). The Khalil case was actually a smart choice to test the courts and the court of public opinion because it involves a figure and political views that most of the US would not rally around. If the Trump administration’s motion to deport Khalil is granted, the superficial outcome, that is, Khalil’s departure from the US, will suit most Americans just fine. What bothers me is that it would set a precedent of unprecedented power by the government to deport legal residents without due process, and that this doesn’t bother most Americans.
Final take
Keeping in mind that I only know Khalil by what’s in the media…
The deportation or arrest of Khalil are unwarranted. I also won’t miss him if he’s gone. If we lose the rule of law, I’ll miss that. I think we all will.