Friday, October 27, 2017

The Difference between Consent and Duress

Except in a small number of cases, almost all contracts entered into by two or more parties exclude mentioning that the agreement is entered into freely by parties of sound mind, all of whom consenting to every provision in the agreement. That's because it is assumed that such is the case.

The exception happens in cases like those of near-end of life for example, when a person transfers wealth or gives power of attorney to someone, and conditions exist that could cast doubt as to whether the transfer was done freely and not under duress, or when the donor was of sound mind. To give extra legal strength to such an agreement, witnesses other than the lawyers or the moderator involved in drafting it, are asked to witness it thus add to the credibility that it reflects the true wishes of the donor.

We need to keep these notions in mind as we go through the article that came under the title: “Move the Embassy to Jerusalem and Promote Peace,” and the subtitle: “Such a move would make clear that the U.S. supports Israel's claim to the city's Western part.” It was written by Daniel B. Shapiro and published on October 25, 2017 in the Wall Street Journal.

The reason why it is worth spending time discussing this article is that it was written by a former American ambassador to Israel who is currently a visiting fellow at an Israeli think tank. This means that, given Israel's manner of communicating with the intelligentsia as well as the Jewish lobby in America, this can only be considered a high level Israeli message sent to all those concerned. And the message that's reflected would have to be the maximalist position with which Israel's leaders are opening their argument. They are putting it out there to rally the troops and nudge them to pressure the Trump administration to accept the argument as is.

Of course, the Palestinians too will bring to the table their own maximalist position, and the give-and-take between the parties will begin, with the representatives of the United States acting as mediator, lawyers, witnesses, counselors and what have you. If and when this happens, it will not be easy at this time to guess how the overall discussion will go, or how the Jewish pundits in America will react.

But there is one thing you can be certain of. It is that the demand for the Palestinians to recognize Israel as a Jewish state will cause a great deal of brouhaha. It will consist of empty talk using undefined terms to say nothing – and yet will accuse the Palestinians of not being serious negotiators. The reason given for leveling such accusation will be that the Palestinians refuse to acknowledge a harmless truth.

In fact, this is why I started the article by defining the word “consent.” My experience with Jewish debating habits tells me that the Jews will conflate the word “consent,” which means free will, with the word “duress,” which means coerce, and will accuse the Palestinians of negotiating in bad faith. Why? Because the Palestinians refuse to accept what they see as the plant of a Jewish booby trap in the agreement. The Jews will then pressure the Americans to coerce the Palestinians – under some kind of subtle threat – to give consent to a provision that no one has ever given under duress or freely or willingly.

Planting booby traps in legislation and giving the President the option to wave them on the condition that he reports to the so-called people's assembly, makes the Executive – not co-equal to the Legislature – but makes the President a faithful servant of the Jews and not of the American people. How so? It is so because the Jews plant booby traps in the law to extend to the Executive Branch the control they have over the Legislative Branch. That's because in every chain of command, the subordinate always reports to the boss.

Look what they did to the resolution on Jerusalem, the one on the Iran nuclear deal and the countless other resolutions which are Israel-specific. Now they wish to replicate this performance on the global stage so that they can control the world the way they do the American Congress, and hope to do the American Executive.

In consequence of all that, the United States of America as mediator and witness to the negotiations, must adopt the position that if the Jews have one or more specific things they want to accomplish with a provision in the agreement that has the Palestinians recognize Israel as a Jewish state, they should spell out those things. They will be debated one by one, and adopted or rejected, each on its own merit.

This must be the way to proceed with this matter rather than ask the Palestinians to accept a nebulous statement; one that will give the Jews the right to interpret it anyway they want, anytime they choose in the future.

To let the Jews have it their way would be like giving the key to your daughter's bedroom to Harvey Weinstein, and hope he'll behave the way that Mother Theresa would have.

Not a fat chance! Not a prayer!