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Tonight: A federal judge in New York held a hearing today on the attempted deportation of Columbia grad student and Green Card holder, Mahmoud Khalil, for the crime of protesting against Israel's wars.
Among other things, a judge ordered that U.S. immigration officials allow him to speak with his lawyers and also set a date for a hearing to examine the constitutional and free speech rights at issue.
We'll examine that and we'll also show you part of the debate I was able to participate in on Israel and free speech earlier today on Fox News on Will Cain's show.
Then: Ukrainian President Volodymyr Zelenskyy agreed to a 30-day cease-fire requested by the Trump administration. As a result, the White House announced that it was lifting its one-day suspension on intelligence sharing and other assistance to Ukraine. Trump officials are now waiting to hear whether Russia will agree to those terms as well.
So, it leads to the question, is this really a serious step toward a diplomatic end to this horrific war or is this just a ploy by the Ukraine supporters surrounding Trump in the White House and the administration to convince him that the real problem is not Zelenskyy but Putin, and thus ensure the ongoing flow of U.S. financing of that war? I think that's an important question. I don't think it's an easy one to answer, so we'll do our best to delve into it.
And then finally, Republican Congressman Thomas Massie of Kentucky on Tuesday did what he often does: he followed his principles and conscience rather than the mandates of political expediency by being the sole Republican in the House to vote against what is called a “continuing resolution”: essentially, a mechanism to keep the government operating even though none of the various budgetary and debt issues have been resolved. In response, Trump attacked Massie explicitly and on two occasions by comparing him to Liz Cheney and urging that Congressman Massie be removed from Congress by a primary challenge. We'll tell you about that and analyze all of its implications.
If you talk to any committed civil libertarian, any First Amendment lawyer, or free speech activist, people who do that for a living, who have made those values central to their life's work, you will hear the same thing all the time, which is that most people – by no means all, but most people – embrace a cause of free speech whenever their side is out of power, or when the views that they like or their political allies are the targets of censorship. Those people will love free speech advocates, they'll support them and they'll applaud them. But the minute there's a change of power or the type of speech that is targeted with censorship changes, the allies of a civil libertarian or free speech advocate, as well as their opponents or enemies, will instantly change on a dime.
It’s something that everybody who works on these issues is extremely accustomed to and it's not just that it can switch on a dime based on who's being censored this time as opposed to before. The exact argument that had been previously used by one side to justify censorship, to the great dismay and anger of the other side, suddenly becomes the exact argument the new censorship side starts embracing and you watch it happen and you're hearing the exact same arguments from the people who had spent years claiming they opposed censorship and it's hard to believe that they don't realize that what they're saying is exactly what they had spent years before insisting that they opposed.
That is exactly what has been happening not just in Donald Trump's election, but since really October 7 and even before that, but really in earnest in October 7, we have had a series of very serious escalations in attempts to sanction and limit and control and punish political speech in the name of protecting Israel. We've had legislation designed to expand the definition of antisemitism in the educational context to include all sorts of common criticisms of this foreign state, so that in educational law now, you're allowed to say the United States is a racist entity, you're allowed to say that China's racist, you're allowed to say that Peru is racist, you're allowed to say that Indonesia is a racist and colonial power, but what you're not allowed to do is say that Israel is a racist or colonial project because that is considered antisemitism.
There are all sorts of other instances like that where special censorship rules have been created solely to protect this one foreign state. There are things you cannot say about this foreign government that you're totally free to say about your own government or any other government in the world. Perhaps the gravest and most serious censorship measure that arose from this attempt to shield Israel from criticism and out of concern, to stem the tide of declining support for Israel in the United States was the law that was passed by a bipartisan majority in both the House and the Senate and signed into law by President Biden that forced a sale and divestment of TikTok or the banning of that app, something that Trump for the moment has stopped, but which even sponsors of that bill said, very openly and very explicitly, that the reason they finally got the votes they needed to ban TikTok was because after October 7, there was a perception that young people were turning against Israel, it was urgent to stop them from doing that, and the two things they blamed for that were college campuses and TikTok and that's why college campuses and TikTok had become two of the main targets of censorship because there was an effort to try to ensure that people who were turning against Israel would no longer be able to hear criticisms of U.S. support for Israel, U.S. financing of the Israeli war in Gaza.
Donald Trump was very open in the campaign about his intentions to punish students on college campuses who had been protesting the Biden administration support for Israel, who had been protesting the Israeli destruction of Gaza. As is true for most of Trump's campaign promises, his administration is making good on that.
Trump’s administration is filled with loyalists of Israel. Of course, one of his biggest donors was the Israeli American donor, Miriam Adelson, who gave a hundred million dollars and by Trump's own admission said that in return for those donations that she and her now deceased husband, Sheldon Adelson, had been making to the Republican Party, they would constantly come and ask for things and demand things from the U.S. government in order to serve the interests of Israel. And they would often get it as a result of their status as big donors. So, all of this has a very broad, clear, and longstanding context out of which these censorship controversies are now emerging.
But I don't think I really expected something quite as severe and as much of a deviation from the American tradition to happen so early in the Trump administration as is now happening with the attempt to deport the Columbia grad student Mahmoud Khalil who is married to an American citizen. His American wife is eight months pregnant. They're about to have a baby.
Typically, American citizens have the right to marry foreign nationals. And when they do marry foreign nationals, they have the right to bring those foreign nationals to live with them in the United States. They get green cards, and they ultimately are on the path to citizenship. Donald Trump twice did that with two different foreign women whom he married, one of whom is now the first lady, Melania Trump, and she was able to get citizenship based on that.
There was never, ever this notion that green card holders in the United States were somehow barred from expressing controversy of political views, or criticizing the policies of the U.S. government, or engaging in political activism or political protest. That's what makes the decision to target Mahmoud Khalil, as opposed to any of the other Columbia students who are only in the United States on a student visa, maybe for a couple of years. It would have been, I think, less controversial. That's what makes the decision to target him, in particular extra chilling, the fact that someone who's a green card holder, who's supposed to have the status of a permanent resident in the United States – I'm not suggesting that green card holders can never lose their status; they can and they have on rare occasions if they commit violent crimes – but having green card holders, especially ones married to American citizens, lose the right to stay in the United States and get arrested by immigration authorities and put into deportation as a result of their political views or their political activism is something that is extremely rare in American political history and yet that's what the Trump administration is doing in its second month in office, obviously as a means of shielding Israel from criticism and protest.
Even if you're somebody who somehow thinks that this is justified, there's no question that it raises serious constitutional questions because nobody honest can possibly deny that there's a very strong political component to all this, that there's a very strong motivation that is based in the viewpoints that are expressed by Mahmoud Khalil that led to his activism. If he had been protesting in favor of Israel, if he had been protesting in support of Donald Trump, if he had been protesting against the governments of Iran, or Russia, or China, there wouldn't be any conservatives who would be demanding his deportation or justifying his deportation.