Two key points the discussion has mostly missed:

1) It has been a bipartisan Justice Department policy for years to attempt to establish that the First Amendment does not apply to non-US citizens

2) Why has the Trump administration chosen Mahmoud Khalil out of thousands of potential victims; about as problematic a test case as can be imagined?

First Amendment Protection

The outrageous arrest and detention of Mahmoud Khalil by Immigration Control Enforcement is a new front in the widespread attack on free speech on Palestine in the USA. Indeed free speech on Palestine is under severe attack throughout almost the entire western world.

There is no shortage of excellent commentary and analysis on the Khalil case and its multiple ramifications. The characterisation of criticism of Israel as anti-semitism, the fake narrative of a threat to Jewish students, the denial of the right to protest, the attack on academic freedom, these are all aspects of the case which shed a horrifying light on the devastating effect on civil liberties of explicit zionist control of the political system.

The same can be said of the arbitrary detention, the lack of access to lawyers and the characterisation of dissent as “terrorism”.

But it has not been much discussed that the central legal issue in the case – whether non-US citizens have First Amendment rights or whether free speech only applies to US citizens – is not an innovation by the Trump administration.

That non-US citizens are not protected by the First Amendment was the key issue pursued by Biden’s Justice Department in the extradition hearings of Julian Assange.

Indeed it was the insistence of English Court of Appeal judge Dame Victoria Sharp that the US must confirm that Assange did have First Amendment protection, that led directly to the Biden administration dropping the case and agreeing a plea deal, rather than give the assurance which Sharp requested.

Key paragraphs of the relevant judgment are here

…

…

The British judges took the view that not to apply the First Amendment to non-citizens would breach the principle of non-discrimination (as guaranteed in the European Convention of Human Rights), and I am sure they were right.

This is a very worrying doctrine which the US Executive is attempting to enforce. But Trump did not initiate it – Biden tried it too, on Assange.

Why Mahmoud Khalil?

Thousands of foreign students in the USA have spoken out and demonstrated against the genocide in Gaza. I am sure that amongst them there will be one or two individuals who can plausibly be depicted as jihadist, who may indeed have actual anti-semitic tendencies and who are only in the US on a student visa.

So why pick on Mahmoud Khalil, who is none of these things?

He has a pregnant American wife and is in possession of a Green Card residency. Those factors may conceivably play into the First Amendment argument in his favour, if judges are looking to fudge the issue.

In addition to which, while he undoubtedly was in the leadership group of protestors at Columbia University, he appears to have played a responsible role in liaising with authorities. The cherry on the cake is that he is a former British Government employee, having worked in the British Embassy in Lebanon, on Syrian affairs.

This is where the story starts to become very murky. I was told by Resistance linked contacts in Lebanon that not only was Khalil not viewed as pro-Resistance to Israel while there, he was believed to be involved in UK government attempts to undermine the Assad regime by promotion of jihadist groups.

Free Palestine TV, which is Lebanon based, has the same information.

It is important to understand how deeply the UK has been involved in anti-Syrian activity in Lebanon. Training and equipping of al-Nusra/ISIS/HTS units was carried out by British special forces based at Rayak airbase in the Bekaa Valley, who were certainly still there in January after HTS conquered Damascus.

Contrary to some reports, Mahmoud Khalil would not have worked for MI6 in the Embassy. MI6 stations do not employ foreign nationals. He would have worked for the Political and Information Sections, under diplomats who cooperated closely with MI6 or in some instances were active “undeclared” members of MI6.

Middle East Eye describes Khalil’s role  in the Embassy as a “programme manager” running Chevening scholarships. I know this programme extremely well. While I have no reason to doubt Khalil did this, it would amount to no more than 10% of anybody’s time and would not require the UK security clearance which the article states that Khalil received.

The simple truth  is that anybody working in good faith in the British Embassy in Lebanon can be no friend of the resistance to Israel. Everything the British Embassy do in Lebanon is intrinsically linked to the overriding goal of promoting the interests of Israel, particularly through weakening Hezbollah,  and this is especially true when it comes to programmes into Syria running out of Beirut.

So how did Khalil move from British government operative to Palestinian student activist?

And then, why on earth did the Trump regime pick him for its first high profile deportation?

I can see three plausible explanations for Khalil’s behaviour:

1) He was never pro-British but was infiltrating the Embassy for the Palestinians

2) He was never pro-Palestinian but was infiltrating the protest movement for the British government

3) He was not very political but was moved recently to activism by the genocide in Gaza

Of these, option 3) seems to me the most plausible, though all are certainly possible.

It would be a delicious irony if the Trump regime had arrested a British agent by accident, but this seems to me unlikely. I do not think MI6 would run a Palestinian agent in the USA without informing the CIA – although they may have done if there were a specific concern that the CIA would leak the identity.

If Khalil were a British agent he could have been arrested for protection if there were concern he had been “made”, or he could have been arrested because the Americans found out and were furious at not being informed. But I do not think these are the likely scenarios.

It seems to me much more probable that a once complacent Khalil changed his mind and became more – righteously – radical due to the genocide in Gaza.

In which case the motive for choosing him as the target for arrest is very plain. Both the US and UK will be worried about revelations Khalil might make about support to jihadists in Syria from his time working on this in Lebanon.  Whisking him into incommunicado detention, whilst maximum pressure is applied to persuade him to keep silent, is then an obvious move.

It is important for freedom of speech and for the rights in general of immigrants in the USA that Mr Khalil is free. It is obvious profoundly important for him and his family. I do not want anything I have written to detract from that.

But the puzzle of why such an extremely complicated target for the test case was chosen, when there exist far lower hanging fruit, is one that needs to be considered. I hope I have offered some possible lines of thought you find useful.

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