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 concerns 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 obviously 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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As a permanent resident, Khalil is a “U.S. person” protected by the First Amendment, so the Assange case was different. That said, prosecution of Assange by the U.S. would in my opinion give him sufficient connection to the U.S. that should have afforded him First Amendment protection, all the more as the U.S. public’s First Amendment right to receive information was impacted.
It’s funny (not haha), but I was thinking this morning how many of these dunderheads who watch Talk TV or, to be precise, Fascist Talk TV, and/or GB News – and whether they’re into posting comments on one or the other or both of their youtube channels or not – have absolutely no interest in the truth. And if you were to tell them (post a comment shortly after a vid is posted so that it appears near the top of the comments section), for example, that only one baby was killed on October 7th, and that official Israeli records say so, and that the forty beheaded babies story – and the different versions of it dissembled by the MSM – were a falsehood and atrocity propaganda, as such, as with most of the rest of such claims, they would probably just completely ignore your comment, or accuse you of lying.
But whatever the case, the vast majority of them – and we’re talking about hundreds of thousands – couldn’t give a fuck about the truth, and relish people being smeared and demonised or dehumanised – whether it’s individuals like Jeremy Corbyn or Ken Livingstone or Jackie Walker etc, etc, or groups and organisations like Hamas or the student campus protestors or the pro-Palestine anti-genocide marchers etc, etc. In other words, they have a completely different mind-set to ordinary people. As for what was funny about it, I just checked my email (prior to putting this comment together) and, as such, checked out Caitlin Johnstone’s latest post, and she was in effect saying the same thing:
Trump Is Bombing Yemen For Israel
The US is bombing Yemen again after Houthi leaders announced that their blockade on Israeli shipping would resume due to Israel’s siege on Gaza.
Trump could have used Washington’s immense leverage over Israel to force Netanyahu to honor the ceasefire agreement and allow aid into Gaza. Instead he let the IDF lay siege to Gaza and started bombing Yemen for Israel, because he’s a warmongering Israel cuck.
Trump is bombing Yemen for Israel, rushing weapons to Israel despite its flagrant ceasefire violations, and rolling out authoritarian measure after authoritarian measure to stop Americans from criticizing Israel. Because that’s what you get when you vote for America First….
Trump supporters would wipe their asses with the US Constitution and deport their own mothers if doing so would help their government send one more 2000-pound bomb to Israel.
https://caitlinjohnstone.com.au/2025/03/17/trump-is-bombing-yemen-for-israel/
How on Earth did there get to be so many demented people on this planet fffs!
“How on Earth did there get to be so many demented people on this planet fffs!”
Well, it seems that for centuries, Europe was shipping its less mentally stable people off to the Americas and other colonies, where they could be useful in exterminating the natives.
[ MOD: Caught in spam-filter, timestamp updated ]
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“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.”
By the time the dust has settled, and this Khalil character has won his case to stay in the US, the media, ‘alternative’ included, will have anointed him leader and spokesman of the US pro-Palestine constituency. What was it Lenin said again . . . ?
Are you referring to “useless idiots” ?
To such characters, we’re here rather allergic…
” What was it Lenin said again . . . ?”
The best way to manage the opposition is to run it yourself.
Although Trotsky had different ideas. His love of factionalism (and his ego) overextended himself and Lenin’s patience…Lenin couldn’t run Trotsky so Trotsky was made to run..
Re the BBCs coverage of S. Africa’s case against Israel and Israel’s defence to the ICJ.
Check out the following article by The National from March last year, which I just came across. I wasn’t aware until I read it that the BBC was questioned by MPs on the Media Committee about it last year. Oh, right, and it was a ‘mistake’ you see, which of course explains it all. NOT!:
BBC ‘made mistake’ in coverage of ICJ genocide case against Israel
THE BBC made a “mistake” in choosing to broadcast Israel’s defence of genocide charges at the International Court of Justice (ICJ) in full – but only show clips of South Africa’s submission arguing the opposite, a top official has said.
David Jordan, the director of editorial policy and standards at the BBC, told MPs on Westminster’s Media Committee that the news team may have “done it differently” if they were covering the ICJ case again.
Jordan was asked to speak after Tim Davie, the BBC director-general, repeatedly declined to say whether he thought it had been fair for the corporation to broadcast the Israeli defence in full while South Africa’s counter-arguments were only shown in part….
https://www.thenational.scot/news/24197886.bbc-made-mistake-coverage-icj-genocide-case-israel/
The reason the BBC decided not to cover S. Africa’s submission to the ICJ in full – but cover Israel’s defence of the charges in full the following day – and only show clips of it, is because S. Africa’s submission included numerous examples of genocidal statements/rhetoric made by Israeli politicians – including Netanyahu – and officials and commentators etc, the vast majority of which had been blanked by the MSM.
The following article is from November 30th, 2023, and includes quite a few examples, but there have been many, many more since then, and hundreds altogether:
‘Erase Gaza’: How genocidal rhetoric became normalised in Israel
In-depth: Incendiary language of extermination, ethnic cleansing, and the wholesale destruction of Gaza, including with nuclear weapons, has become part of mainstream discourse in Israel during the war.
https://www.newarab.com/analysis/erase-gaza-how-genocidal-rhetoric-normalised-israel
A clue to your #3 option could be this article from Mint Press about an influential Columbia professor and “former” Israeli military intelligence officer who apparently played a significant role in fomenting public cries of anti-Semitism. Given this spook was the head of Columbia’s School of International and Public Affairs, the very school from which Kahlil recently graduated, this woman was in a prime position to practically select who ICE should pick up and make an example of.
Professor at Center of Columbia University Deportation Scandal is Former Israeli Spy
https://www.mintpressnews.com/professor-columbia-university-scandal-former-israeli-spy/289231/
Nobody who supported the existence of white supremacy in South Africa deserved to be listened to when complaining about “racism against whites”.
The same goes for Zionism and “anti-Semitism”.
It really is as simple as that.
Along the now upcoming new episode of Matt Taibbi´s and Walter Kirn´s ATW about Khalil among other things, on the bottom there is a bit of a discussion by subscribers:
“America This Week
ATW Livestream Tonight at 8 PM ET/7 PM CT”
https://www.racket.news/p/atw-livestream-tonight-at-8-pm-et7-6a2/comments
example #1
“(…)Matt and Walter – please take the sane/investigative journalist position on Khalil’s case, which is: wait to see the evidence presented in the upcoming deportation hearings.
You can still infuse this discussion with civil libertarian values. I.e., if the evidence presented is only “sympathy” with Hamas, then this is bad from a speech perspective. But, if the evidence presented is that he had some organizing role in the known illegal acts at Columbia, then this isn’t even a speech question.
The progressive left’s mad rush to the barricades to declare this guy a speech martyr without seeing hard evidence reminds me uncomfortably much of the George Floyd 2020 events. The actual facts in that case (explained well in the Fall of Minneapolis documentary everyone should watch) were far different than what was blasted out to the mask wearing protesters at fever pitch in that long hot summer.”
example 2#
“(…) I can see the comments are going be haywire with rationalizations supporting the elected admin’s attempted use of the Immigration and Nationality Act to deport someone for anti-Israel speech. Khalil wasn’t even protesting Biden or the US government at an “anti-war” protest- he was attempting to get the college that he had paid tuition to, to divest financially from a FOREIGN country that is actively committing human rights crimes.
If someone shows me ANY proof that Khalil was *actually* a terrorist or could do jack shit to “hurt US foreign policy” (which I’m sorry, he’s not a business owner, a spy, or ANYTHING besides an ivy league student organizing on a NYC campus….) we can START to have that conversation.
Otherwise, this is nothing more than Trump/Rubio labeling perfectly legit speech as “pro hamas”. Then, they are using it to target people for political and not “national security” reasons. They can’t deport him through the normal process (of him actually committing a crime and an immigration judge revoking status), so they are seriously claiming a college kid in a white/black scarf is “materially supporting terrorists?”. Fuck right off.
Neither our citizens nor our “guests” are required to support the terrorist nation of Israel… if you wanna be a real patriot, you WOULD be against Israel in every way- since they are not part of America and currently our #1 foreign policy baggage. Our leadership is actively destroying the reputation of the US on the world stage, simply by being complicit in their crimes and ignoring arrest warrants in international court. They are a bigoted, genocidal, apartheid, war criminal, terrorist nation. In my opinion, we should all hope that every immigrant coming here is allowed to voice opposition to foreign nation of Israel, because supporting Israel is the worst thing you can do for our country, as a flag-loving American.(…)”
p.s. That Palestinians have the right to armed resistance appears to be new to these folks. They appear to not be able to add 1 and 1. Of course the lack of decent legal information as it is not being provided by media to their audience is a tremendous boon for war criminals.
Well, sorry, no Khalil discussed I believe…
Speaking of the media. One has to laugh at times. On Fox a young well endowed presenter obviously well schooled on the Israel/Palestine zionist talking points but otherwise dumb made the following comment. “Those protesting in Trump tower against Khalil’s detention are making Jews nearby feel very unsafe”. Perhaps someone should have explained that the protestors were Jews demonstrating “Not in our name”.
I expect the presenter and Fox News were well aware that the protesters were Jewish, and the deception and deceit was to omit to mention that so as to deceive their millions of viewers and further manipulate them in respect of the Palestinian supporters. Evil just keeps on giving and giving and giving, just as it did with the Nazis. Talking of which, I just happened to come across the following last night:
Elon Musk salute drawn on Welsh beach in Tesla protest
https://www.thenational.scot/news/25015445.elon-musk-salute-drawn-welsh-beach-tesla-protest/
Unphantomable cruelty by Israel, breaching the ceasefire (which never was a ceasefire to begin with since Israel violated it from the first day) news coming out of already 300(!) killed
LIVE: Israel strikes Gaza, killing over 300 including many children
https://www.aljazeera.com/news/liveblog/2025/3/18/live-trump-threatens-iran-as-deadly-us-attacks-on-yemens-houthis-continue
Past days there have been criticism against Netanyahu for trying to fire the Shin Bet chief so what better way to steer the criticism off by restarting the genocide/rally round the flag.
I assume the UK was also involved in this return to the genocidal agenda, just as the UK was also involved in the attacks on Yemen killing, at least, 27 civilians.
https://www.declassifieduk.org/how-starmer-aided-trumps-deadly-bombing-of-yemen/
Starmer must be so proud of all those lives he’s helped end. Go boy, what a man.
Over 400 killed in Gaza this morning.
The nightmare has to cease immediately…
Well there it is – VVP immediately ordered his miltary to not attack the energy targets – has DJT ordered his and the Ukrainian miltary to do the same?
Or has he even stopped the attack on Gaza and Yemen or enforced the ceasefire by the illegal entity?
Or released all the Lolita express logs?
Anything Don? We can see your bare faced arse cheeks Mr President it appears you have No Trousers on!
What a top salesman though The Donald is. Got something straight away on the phone. Must make all those outsourced telesales people proud of their jobs and skills in that world leading collective western industry.
Much to be compared in the readouts, but for now a paragraph each from both sides on the ‘other’ conflict zone in West Asia are worth examining.
WH : “The leaders spoke broadly about the Middle East as a region of potential cooperation to prevent future conflicts. They further discussed the need to stop proliferation of strategic weapons and will engage with others to ensure the broadest possible application. The two leaders shared the view that Iran should never be in a position to destroy Israel.”
– No mention of Gaza or Syria or Yemen.
Kremlin: “Vladimir Putin and Donald Trump also touched upon other issues on the international agenda, including the situation in the Middle East and the Red Sea region. Joint efforts will be made to stabilize the situation in crisis areas, establish cooperation on nuclear non-proliferation and global security. This, in turn, will contribute to improving the overall atmosphere of Russian-American relations. One positive example is the joint vote in the UN on the resolution on the Ukrainian conflict.”
– No mention of Gaza, Syria, Yemen OR IRAN.
Spot the difference besides from the shortness of the WH readout, compared to the Kremlin’s – WH full one doesn’t even mention the hockey games in its readout as the Kremlins does.
There is not even a reciprocal one of the illegal statement that the entity should not be in a position to destroy Iran!
If the WH is referring to nukes and the almost certainty that China and Russia WILL ensure that that field will be levelled.
Doesn’t bode well does it?
FYI.
“My name is Mahmoud Khalil and I am a political prisoner. I am writing to you from a detention facility in Louisiana where I wake to cold mornings and spend long days bearing witness to the quiet injustices underway against a great many people precluded from the protections of the law.”
https://www.counterpunch.org/2025/03/18/my-name-is-mahmoud-khalil-and-i-am-a-political-prisoner/
Challenging the Foreign Policy Ground of Removability in Defense of Free Speech and the Rights of Green Card Holders
https://www.lexology.com/library/detail.aspx?g=966914f7-40b2-4fd9-9b14-305536afcc20
Policy Brief: Explaining the Foreign Policy Ground of Removability
https://www.aila.org/library/policy-brief-explaining-the-foreign-policy-ground-of-removability
Judge moves Mahmoud Khalil case to New Jersey
https://www.youtube.com/watch?v=2PE56_XLNcU
Most are missing the point that Khalil’s advocacy was fully aligned with USA foreign policy. At the time Biden at the UN for a ceasefire only wanted inserted in the Security Council resolution a condemnation of Oct7th. Rubio probably had a different policy so perhaps he should self deport to Cuba.
thanks Craig, very interesting