Posted on 10/12/2004 5:49:51 PM PDT by MereChristian
News Release The Zionist Organization of America Jacob & Libby Goodman ZOA House Phone: 212-481-1500 4 East 34th St. New York, NY 10016 Fax: 212-481-1515 e-mail: email@zoa.org Web Site: www.zoa.org
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February 10, 2004 Contact: (212-481-1500)
ZOA Files Suit In Federal District Court Against The State Department
Last October, the ZOA's Center for Law and Justice (ZOA-CLJ) filed suit in the federal district court in Washington, D.C. on behalf of an American couple living in Jerusalem, alleging that Secretary of State Colin Powell and the State Department violated federal law by refusing to recognize their infant son's birthplace as Israel on his passport and other U.S. documents.
Presently, American citizens born in Jerusalem have only "Jerusalem" recorded as their birthplace on their passports and certain other documents. Israel, their country of birth, is not listed because the United States does not recognize Israeli sovereignty over any part of Jerusalem, east or west.
In 2002, Congress passed legislation permitting U.S. citizens born in Jerusalem to have "Israel" listed as their country of birth on their passports, registrations of birth, and other documents. This law requires the U.S. to make the listing if an American citizen simply requests it. President Bush signed the legislation into law on September 30, 2002. Although the language of the law is clear, State Department officials have refused to comply with it, citing U.S. policy concern that implementation will harm the ongoing negotiations between the Palestinian Authority and Israel.
When Jocelyn and Dan Odenheimer, who are American citizens living in Israel, applied for a passport and a registration of birth for their son Ephraim at the U.S. Consulate in Jerusalem, they specifically requested that the documents list Ephraim's birthplace as "Jerusalem, Israel," in accordance with the law. Their request was refused; the documents listed only "Jerusalem" with no reference to a country. When Mrs. Odenheimer brought the error to the attention of a consular officer, he refused to give his name and told her, "Write whatever you want. Tel Aviv is Jerusalem, Jerusalem is Tel Aviv. I think you should write Jerusalem, U.S.A. That's the truth."
The ZOA-CLJ brought suit on behalf of the Odenheimers, alleging discrimination by the State Department against Israeli Americans, in violation of this newly passed U.S. law as well the Equal Protection Clause of the U.S. Constitution, and seeking to compel the State Department to comply with the law. The State Department moved to dismiss the Odenheimers' case on three basic grounds. First, it argued that the Odenheimers lack "standing" to bring suit, because they have allegedly not suffered a real injury and do not have a tangible interest at stake. Second, the State Department contended that the case raises a "political question" which can only be determined by the Executive Branch of our government, and which the court has no authority to decide. Finally, the State Department argued that even if the court can decide the case, the State Department's actions were lawful, because the Executive Branch has exclusive authority over foreign relations and had the authority to interpret the law as advisory, rather than mandatory.
The ZOA-CLJ filed an opposition to the State Department's motion to dismiss the case. At the same time, we filed a motion for summary judgment, arguing that there are no material factual issues in dispute that need to be decided by the court, and that, based on the law, the Odenheimers should prevail. If President Bush had believed that the legislation constituted a problem, he could have vetoed it, but instead he signed the legislation into law.
For those of you who are interested in reading the ZOA-CLJ's brief, you can click here (171K PDF). You may also be interested to know that the ZOA is the only Jewish organization to have taken formal legal action to implement this law.
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The Zionist Organization of America, founded in 1897, is the oldest pro-Israel organization in the United States. The ZOA works to strengthen U.S.-Israel relations, educates the American public and Congress about the dangers that Israel faces, and combats anti-Israel bias in the media and on college campuses. Its past presidents have included Supreme Court Justice Louis Brandeis and Rabbi Dr. Abba Hillel Silver.
ping! Spread the word!!!
well lets see the cia and the state department are now at war with W...... any one else in his adminstration..... feb he needs to clear the deck ....... and start over .........
"W.... needs to clear the deck ....... and start over"
Amen! Pray that our President sees the light on these issues.
The Arabist stuffed shirts at Foggy Bottom strike again. We'd be better off as a country if we replaced the entire Foreign Service with the audience in attendance at any particular NASCAR rally.
The State Department needs to close.
"The State Department needs to close."
No you're talking! We could have a going out of business sale and use the money to help pay for the War on Terror.
That's actually 10X milder than the original thread I typed. Can't have freedom of speech in these times, but if I had my wish, I would wish a pox on all their houses. They are evil and they are the enemy.
Think how much we could raise from the sale of all our embassies abroad!
If they do close, who will take the Global Test for us?
Do you deny that the United States has the right to determine whether it will recognize Israel's claim to Jerusalem?
Even if one could trust what this obviously biased organization says, their own recitation of the facts show no violation of the law. To-wit:
"In 2002, Congress passed legislation permitting U.S. citizens born in Jerusalem to have "Israel"; listed as their country of birth on their passports,...... When Jocelyn and Dan Odenheimer, who are American citizens living in Israel, .....requested that the documents list Ephraim's birthplace as "Jerusalem, Israel," "
They had a choice of "Jerusalem" or "Israel", but they demanded"Jerusalem Israel". To hell with them.
We'll take the Global out of test and replace it with American.
At the risk of embarrassing myself let me review: Our government is officially divided into three branches, the Constitution says so, unless I missed the memo.
When and how did the State Department become an idependent separate branch?
If it is not a separate branch of government, why does it act like one? Under whose legitimate jurisdiction is it? I believe it is the executive.
As Arnold Schwartzenegger so clearly demonstrated, the solution is swift and sure. Fire the head of the State Department. Replace him with a suitable person who understands the way the hierarchy is legally defined. If no immediate action ensues, repeat, rinse and dry...
When the delusional minions making their own policy raise their ugly heads, make sure they also depart immediately and permanently.
So what part did I get wrong?
"They had a choice of "Jerusalem" or "Israel", but they demanded"Jerusalem Israel". To hell with them."
I don't know, maybe you missed it. Our State Department is playing word games in order to deny recognition of Jerusalem as the capital of Israel. Israel is our only real friend in the Middle East. But there are those in our own government--sometimes referred to as Arabists--who are engaged in a low-intensity political war designed to undermine Israel's right to self-determination. This couple needed to bring this issue to light, and they should be commended for it...not damned to hell.
You're kidding, right?
When are we moving our (the U.S.) Embassy to Israel's capital? Talk about insulting our friends to mollify the filthiest murdering scum on earth...
"You're kidding, right?"
Given the language and tone, I'm opting for very serious intent.
"Talk about insulting our friends to mollify the filthiest murdering scum on earth..."
That's what is so sad about it. These people hate Israel, and they hate Americans. They were captured on film dancing and cheering when they heard the news of 911. These are the people we are trying to please by denying Israel her eternal capital.
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