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0:00
From CAFE and the Vox
0:02
Media Podcast Network, welcome to
0:04
stay tuned. I'm Preet Barara. Over
0:06
the last few weeks, President
0:08
Trump has revealed plans, if one
0:10
could call them that, for the
0:12
future of Gaza, which has been
0:15
decimated by the ongoing war between
0:17
Israel and Hamas. It's unclear whether
0:19
the ideas floated by Trump are
0:21
feasible. So what are the real
0:24
prospects for rebuilding Gaza? And what
0:26
would it take to achieve lasting
0:28
peace in the Middle East? To
0:30
explore these questions, I'm joined by
0:32
former ambassador and peace negotiator Dennis
0:35
Ross, who served in both the
0:37
Bush and Clinton administrations, Karim Sajidpur,
0:39
an expert on Iran and the
0:41
Arab world, and Ahmed Fouad Alcatib,
0:43
a Gaza American writer and analyst
0:45
who grew up in Gaza City
0:47
and moved to the U.S. as
0:49
a teenager. And now, by the
0:51
way, you can watch this episode
0:53
too. Just head to cafe.com/YouTube. All
0:55
of that is coming up. Stay
0:57
tuned. This
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saying you heard about indeed on
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this podcast indeed.com Is peace
2:00
still possible in the Middle
2:03
East? Former U.S. is all
2:05
you need. Is peace still
2:07
possible in the Middle
2:09
East? Former U.S. Ambassador
2:12
Dennis Ross, Iran expert
2:14
Karim Sajid Puhr, and
2:17
Gazan American writer and
2:19
analyst Ahmed Fawad Al
2:22
Qatib, join me to
2:24
discuss the current situation.
2:30
Karim Ahmed, Dennis, thanks for
2:32
joining the show. Good to be with
2:34
you. We have a very simple and
2:36
easy to digest and solve problem that
2:38
we're going to be talking about today.
2:40
I should note at the outset that
2:42
we are taping this, recording this, late
2:45
morning, on Monday, March 10th. Lots of
2:47
things are in flux. Lots of things
2:49
can happen between now and when people
2:52
listen, so I just wanted to time
2:54
stamp it. So can I start with
2:56
you, Dennis? Some weeks ago, not
2:58
even two months being... sworn in
3:00
as President of the United States
3:03
again. There was this breakthrough, ceasefire
3:05
between the parties in the
3:07
Middle East, Israel and the
3:10
Palestinians, and there was an agreement
3:12
for the exchange of hostages over
3:14
a period of time. What's the
3:17
status of that? How is that going
3:19
if you haven't been following it
3:21
as many people maybe have not
3:23
been following it hour to hour
3:26
day to day? So let me
3:28
explain it. I want to explain
3:30
it from two standpoint. One is
3:32
Donald Trump is someone who believes
3:34
in the use of leverage. One
3:37
element of leverage is not only
3:39
pressure sometimes, it can be inducement
3:41
sometimes, it can be in effect,
3:43
creating an attractiveness of what he's
3:46
doing. That's not what he does.
3:48
He doesn't base things on soft
3:50
power, he bases on the threat.
3:52
of certain things. And in advance
3:55
of his inauguration, he put out
3:57
there would be held to pay
4:00
if was released prior to the
4:02
time that he came into
4:04
office. The framework of an
4:06
agreement that had three phases,
4:08
which I'll explain in a
4:11
second, had been in place
4:13
literally since last May. The
4:15
essence of the approach was
4:17
to have a three-phased approach.
4:19
The first phase would
4:21
be six weeks. The
4:23
actual numbers of hostages
4:25
for Palestinian prisoners
4:28
was worked out largely then.
4:30
generally accepted that
4:32
proposal in early July.
4:34
Eventually, the very same
4:37
framework was adopted with
4:39
no real material difference.
4:41
So three phases, phase
4:44
one, I described phase
4:46
two, there was to be
4:48
a negotiation to complete the
4:51
ceasefire, make it a permanent
4:53
ceasefire, Israel would withdraw
4:55
from Gaza its entirety. and
4:58
all of the living hostages
5:00
would be released. Again, each
5:03
was 42 days. Phase three
5:05
would have the release of
5:07
the remaining bodies of hostages,
5:09
meaning the dead hostages,
5:11
and reconstruction of Gaza
5:13
would begin. This was
5:15
a three-phased approach. It
5:17
had not been closed.
5:19
What happened was Donald
5:22
Trump makes his declaration,
5:24
and on the Israeli
5:26
side... Steve Whitcough, the
5:28
designated negotiator for Trump,
5:30
goes and basically tells
5:33
Netanyahu it won't be
5:35
understood by President Trump if
5:37
you say no. And Egypt
5:39
and Qatar go to Hamas and
5:41
say, look, it's in your interest
5:44
to agree to this because once
5:46
the fighting stops, it'll be very
5:48
difficult to resume it. So
5:51
both sides reacted to the
5:53
anticipation of pressure coming. from
5:56
Trump. What's the status
5:58
now? Phase one has...
6:00
completed but the ceasefire is continuing.
6:02
Why is it that there is a
6:04
problem here? Israel hasn't been negotiating
6:07
on phase two because Netanyahu
6:09
understands that he will lose
6:11
his government if he does.
6:13
Not so much the negotiation
6:15
but it looks like he's
6:17
going to complete phase two
6:19
which involves complete withdrawal from
6:21
Gaza, permanent ceasefire, and the
6:23
release of the hostages. So
6:25
he hasn't been negotiating on
6:27
it because of fear that
6:29
it might cost him his
6:31
government. Hamas is insisting you
6:33
stick to that framework.
6:35
There is now a new
6:37
proposal that is coming from
6:39
Steve Whitcoff that is basically
6:41
saying, let's have a two-month
6:43
ceasefire that takes us through
6:46
Ramadan and through Passover. At
6:48
the beginning of this ceasefire.
6:50
10 hostages, 10 living hostages will
6:52
be released. There are 24 who
6:55
are believed to still be alive.
6:57
And by the end of the
6:59
60 days, there should be an
7:01
effort to negotiate a permanent ceasefire,
7:04
and if that's achieved, then the
7:06
remaining hostage will be released. So
7:08
it is a modification of the
7:11
three-phased approach. There are some
7:13
signs that there is some
7:15
progress being made, and the
7:17
irony is some of that
7:19
progress being made. seems to
7:21
be the result of the
7:24
Trump administration negotiating directly with
7:26
Hamas, which I will say breaks
7:28
a taboo. The idea that you would
7:30
negotiate with Hamas and give
7:32
them something that's highly valuable
7:34
to them, meaning normalization and
7:37
even a kind of legitimization,
7:39
without imposing a price first.
7:41
prevented every preceding administration from
7:43
every dealing with Hamas. There
7:45
were other, there were political
7:47
concerns and the like, but
7:49
fundamentally the idea was why
7:51
would you give Hamas a
7:53
victory of recognition by dealing
7:55
directly with them without getting
7:57
something from them in return?
7:59
This administration basically isn't constrained
8:02
by any of the traditional
8:04
norms. We think normally about
8:07
alliances alike, but here this
8:09
is a case of a
8:12
real adversary, a terrorist group,
8:14
that committed October 7th
8:16
and all the atrocities associated with
8:19
it, and they did not feel
8:21
there was a reason not to
8:23
be talking directly to them, and
8:26
they have begun to do that.
8:28
Let's pivot on that point.
8:30
Karim Ahmed. Is this a situation
8:32
in which doing something different
8:34
and new, as Dennis points out,
8:36
that this is? Something that is
8:39
worthwhile, something that could be worthwhile,
8:41
have done appropriately? Should we
8:43
dismiss it out of hand?
8:45
Is it always a terrible
8:47
idea of the direct negotiation
8:49
and discussion with Hamas? Well, if
8:52
I mean, just share, I... I grew up
8:54
in Gaza, I have family
8:56
immediate and extended and remained
8:58
there. I've lost folks in
9:00
there. I'm in regular constant
9:02
contact with a lot of
9:05
folks on the ground who
9:07
are both glad and relieved
9:09
to get some reprieve from
9:11
the end of the fighting,
9:13
but at the same time
9:15
are extraordinarily frustrated that in
9:17
a sense... We are somewhat
9:19
crawling our way back to
9:22
a modified version of the
9:24
old status quo, particularly after
9:26
seeing Hamas reemerge out of
9:28
their tunnels, put on their
9:30
military uniforms, put on these
9:32
displays during the hostage releases,
9:34
and act as if they're
9:37
very much so in full control
9:39
despite the fact that they're weakened,
9:41
despite the fact that they're in
9:43
a terrible shape. Yes, I'm a
9:46
believer in disrupting the status quo.
9:48
I'm a believer in thinking outside
9:50
the box. I'm a believer that
9:52
you cannot go around and eliminate
9:55
every single living member of Hamas.
9:57
I'm a believer that you have
9:59
to... have a combination of,
10:01
you know, a hard playing
10:03
hardball, but also like winning
10:05
over some of the so-called
10:07
moderate elements within Hamas. Avoid
10:09
learning lessons from the debatification,
10:11
the fiasco in Iraq, while
10:13
also not allowing Hamas to
10:15
simply re, you know, we
10:17
don't want a situation where
10:19
Hamas is not in control
10:21
or doesn't govern, but very
10:23
much so rains per the
10:25
Hezbollah model. So. There's frustration
10:27
on the ground that yes, it's
10:30
important to, like, I mean, people
10:32
understand that the hostages are part
10:35
of why they're suffering. Like, people
10:37
understand that there needs to be
10:39
a permanent end to the war
10:42
and that that will not happen
10:44
while Hamas holds hostages. On the
10:46
other hand, there's very much a
10:49
realization that... releasing the hostages
10:51
and getting rid of Hamas's ability
10:53
to control Gaza are in a
10:55
sense in opposition to one another
10:58
as outcomes as goals as the
11:00
and maybe there's a way to
11:02
you know eventually do one and
11:04
do the other later but This
11:06
is what frustrates me as someone
11:09
who lost 33 of my immediate and
11:11
extended family members is that what
11:13
has it all been for? What
11:15
has all this destruction and suffering?
11:17
We're coming up on the 20th
11:19
anniversary of Gaza, the withdrawal from
11:21
Gaza in 2005. I left Gaza,
11:23
I'm 34, I left as a
11:26
15-year-old in 2005, one month before
11:28
the withdrawal, and it was SIP.
11:30
to be kind of this new
11:32
beginning for Gaza's rejuvenation. It was
11:34
Gaza was supposed to be the
11:36
model for effective Palestinian self-governance, to
11:38
show to the world, to show
11:40
to our people, to the Arabs,
11:42
to the Israeli people that this
11:44
is what an occupation-free settlement-free West
11:46
Bank would look like. And when
11:48
I say that, unfortunately, I'm regularly
11:50
maligned. I'm said that I am
11:52
peddling in Hezbollah, that I am
11:54
repeating Israeli talking points. And it's
11:56
very easy to talk about, I
11:58
mean, I recognize the... balance of
12:00
power dynamics between Palestinians and Israelis.
12:03
But I am a believer that
12:05
part of disrupting the power, the
12:08
status quo, isn't just looking
12:10
to the United States, isn't just
12:12
looking to the Arabs, isn't just,
12:14
but it's looking inwards, beginning, you
12:17
know, change begins from within. And
12:19
I want to see the empowering
12:21
of alternate frameworks that can actually
12:23
be enabled by Palestinians on the
12:26
ground, the technocrats. I'm a believer,
12:28
by the way, for one of
12:30
the ideas that Mr. Woodcough and
12:32
many others have talked about. sorry,
12:35
the Palestinian Authority and the Arabs
12:37
have talked about is having
12:39
this committee of technocrats,
12:42
Hamas steps back, these
12:44
technocrats of professors, business
12:47
people, administrators, bureaucrats, kind
12:49
of, you know, media
12:51
personalities, locals, respected community
12:54
leaders, etc. I mean, it's
12:56
a wonderful idea. I support
12:58
it wholeheartedly as part of
13:00
the transition. The problem is... If
13:02
you're going to have this
13:05
committee of independent Palestinians in
13:07
Gaza rule or attempt to administer
13:09
this trip without any executive authority,
13:11
without anyone to protect them, without
13:14
anyone to basically shield them from
13:16
Hamas, If they identify Hamas's stealing
13:18
aid here, if they identify that
13:21
Hamas is redirecting cement over there
13:23
and they want to take action,
13:25
who's going to stop Hamas from
13:28
killing them? Who's going to stop
13:30
Hamas from bribing them? So that's
13:32
the frustrating part is that we're
13:35
talking about this from a... Again,
13:37
as someone who's been an ally.
13:39
and for the pursuit of healing
13:41
and reconciliation with Israelis and an
13:43
ally of hostage families of survivors
13:45
of October 7th. I absolutely want
13:48
to, I was horrified by October
13:50
7th, it doesn't represent Palestinian values,
13:52
it is inappropriate. I want the
13:54
hostages to be released. Taking women
13:57
and children and the elderly is
13:59
a horrendous. that Hamas did, and
14:01
I feel the urge to speak
14:03
out against it. But there's
14:05
a bigger kind of long-term
14:07
implication of what we do
14:10
now to release those hostages,
14:12
and how that potentially keeps
14:14
the Palestinian people in Gaza,
14:16
2.3 million people, trapped under
14:19
the iron grip of Hamas.
14:21
We're bringing Karim on
14:23
this issue of engaging directly
14:26
with Hamas, and I want to...
14:28
Read to a portion of Donald
14:30
Trump's post on X on Twitter,
14:32
that has got a lot of
14:34
attention, that begins, Shalom Hamas means
14:37
hello and goodbye. You can choose,
14:39
release all of the hostages now, not
14:41
later, and immediately return all of the
14:43
dead bodies of the people you murdered,
14:46
or it is over for you. He
14:48
goes on to say in all caps,
14:50
release the hostages now, or there will
14:52
be hell to pay later. What's wrong
14:54
with that approach, if anything? President
14:57
Trump reminds me of a concept
15:00
that psychologists oftentimes use called the
15:02
Dunning Kruger effect, which is that
15:04
the less you really know about
15:07
something, the more confident your views
15:09
about it, right? And so I
15:12
think his approach to foreign policy
15:14
in the Middle East in particular
15:16
is that Over the last decades
15:19
we've had a bunch of
15:21
morons who have failed resolving
15:23
these challenges in the Middle
15:25
East and in fact they've
15:28
made it worse. Who are
15:30
the morons? Well previous administrations
15:32
and he's been critical of
15:34
both Republican administrations like George
15:37
W. Bush and obviously Democratic
15:39
administration so he's very he's
15:41
bipartisan in his criticism of
15:43
previous US administrations and wants
15:46
to apply pretty simple solutions
15:48
to complex challenges. Now in
15:50
his first term most experts
15:53
told him that something
15:55
like the Abraham Accords
15:57
was not possible because
15:59
Arab countries like the UAE
16:02
and Bahrain and Morocco would
16:04
not normalize relations with Israel
16:07
absent some significant Israeli concessions
16:09
toward the Palestinians. Now he
16:11
proved them wrong and so
16:14
I think that this time
16:16
around he likewise is his
16:18
own most important advisor and
16:21
whether it's the Israeli Palestinian
16:24
conflict or the nuclear
16:26
standoff with Iran. The language
16:28
he uses is very simple and
16:30
I think the end games he has
16:33
in his head are also very simple
16:35
You probably saw the video he
16:37
tweeted about Trump Gaza, you know, essentially
16:39
I was going to ask about that
16:42
in a moment Yeah taking you
16:44
know one of the world's Probably
16:46
the world's most destructive war
16:48
zone and turning it into
16:50
Dubai on the Mediterranean and
16:52
so um so you're skeptical of
16:54
that well Let me just talk
16:57
about it briefly in the Iran
16:59
context, because I think what he's
17:01
essentially trying to do is to
17:04
force an outcome. And I agree
17:06
that he is hastening a climactic
17:08
situation, is not necessarily going to
17:11
end in a deal. I think
17:13
that is one possibility, a diplomatic
17:15
deal. Another possibility is it
17:17
could actually lead to conflict.
17:20
could lead to the Iranian
17:22
government's, certainly the implosion of
17:25
this current supreme leader. So
17:27
it's traditionally past administrations.
17:29
Again, with a Democrat
17:32
or Republican, if you have a
17:34
vexing foreign policy challenge, it's a
17:36
10 out of 10. You're trying
17:38
to make it an eight and
17:40
to contain the challenge. I think
17:42
what Trump likes to do is
17:44
to not contain things, but to
17:46
try to resolve them and using
17:48
pretty simple logic. oftentimes enormous coercion
17:50
coupled with the offer of a
17:52
deal and again that can lead
17:54
you it can potentially lead you
17:56
to positive outcomes but it can
17:58
also lead you to potentially dangerous
18:01
outcomes. Yeah, just to go
18:03
back to this question, can
18:05
anyone here explain why it is a
18:07
bad thing, at least on one level, for
18:09
Trump to send a strong direct
18:12
message to Hamas, a murderous group
18:14
that nobody on this panel would
18:16
defend? What's wrong with it? I
18:18
don't think there's anything wrong
18:20
with it. Okay. But for me,
18:22
look, having just done a new
18:24
book on statecraft, the key to
18:26
good statecraft is you marry objectives
18:28
and means. What he is doing
18:31
is he's staking out a very
18:33
clear objective. What are the means
18:35
that he's prepared to use? This
18:37
is not Zalinsky where he
18:39
can cut off American military
18:41
support and intelligence and put
18:43
enormous pressure on him by
18:46
the way. But he can
18:48
supply, he can supply, Israel,
18:50
yes he can. But the fact
18:52
is, what are the Israelis going
18:54
to do to Hamas that they
18:56
haven't done already? When he says he's
18:59
going to be held to pay,
19:01
they've inflicted hell already. Hamas has
19:03
already demonstrated they don't care about
19:06
the price that the Palestinian public
19:08
pays. They're quite willing to sacrifice
19:10
them. So the leverage he thinks
19:12
he's applying, he's really making, I'm
19:14
going to unleash the Israelis. He's
19:16
not really going to do a
19:19
lot. So it's not, I don't
19:21
have a problem. They've already been
19:23
unleashed. But I don't have a
19:25
problem with putting pressure on Hamas.
19:28
But I want there to be
19:30
some relationship between what he says
19:32
and what he's prepared to do
19:34
and what are the resources that
19:36
he can marshal. The irony
19:39
is there is a potential
19:41
for a day after in Gaza.
19:43
That potential involves not just
19:45
what Ahmad was talking about
19:48
in terms of what could
19:50
be a technical counsel, but
19:52
who, as you raise Ahmad,
19:55
the day-to-day security. Who
19:57
guarantees that humanitarian assistance
20:00
is distributed to those
20:02
who are in need of
20:04
it, and that Hamas doesn't
20:06
seize it and then sell
20:08
it as a way of
20:10
financing itself. We're dealing something
20:12
that's interesting, it's an interesting
20:14
paragraph. The only time Hamas
20:16
puts on its uniform is
20:18
during ceasefires. If there's war
20:20
again, they take it off. So the
20:23
point here is... Can you bring
20:25
a group of different Arab states
20:27
in? The UAE we know is
20:29
prepared to take part in a
20:31
stabilization force. They want reform in
20:33
the Palestinian Authority before they'll do
20:36
it. Not rhetorically, but practically, because
20:38
they don't want to go in
20:40
there and be stuck there. So
20:43
the point is, there are some
20:45
alternatives. I don't see him marshalling...
20:47
The means, again, if you're going
20:50
to stake out a very strong
20:52
objective, I have no problem with
20:54
that, as long as you have
20:57
a strategy for how you put
20:59
together the means to achieve that
21:02
objective. Right now I see a big gap.
21:04
I see a gap on this issue, I see
21:06
a gap also on the Iranian issue
21:08
as Korean was identifying. There's
21:10
been a lot of discussion,
21:13
including among people on
21:15
this panel, about rebuilding
21:17
Gaza. the ravages of war, given
21:19
we don't have a final undertaking here, and
21:21
we have a modification to an
21:24
undertaking, and maybe it'll be a
21:26
modification to the modification. Is this the
21:28
right time for people to be talking
21:30
about rebuilding Gaza? Is it premature? Is
21:32
it not? I actually think it's the... precise
21:34
time to talk about it for the
21:37
sole purpose of inspiring the population. I
21:39
mean, you have over 2 million people
21:41
who are incredibly desperate right now for
21:43
any ray of hope. I mean, the
21:46
problem is if you want people to
21:48
turn against Hamas, there has to be
21:50
an alternative, not just from a governance
21:52
point of view, but they have to
21:54
want hope, they have to want something
21:57
else. They have to see something on
21:59
the horizon. that can inspire and
22:01
motivate them to dig themselves out
22:03
so that they're not vulnerable to
22:05
radicalization so that they're not vulnerable
22:07
to this perpetual I mean if
22:09
we thought radicalization was bad in
22:12
Gaza before October 7th imagine how
22:14
much the potential for it to
22:16
be that much worse look at
22:18
all something like half of Gaza's
22:20
population are under the age of
22:22
18 these are folks this is
22:24
a generation that you know was
22:26
born after the elections of the
22:29
elections of 2006 and Hamas's infamous
22:31
takeover in 2007, they only
22:33
know eight hours of electricity
22:35
at a time. They only
22:37
know closures. Something like 75
22:40
to 80% of the people
22:42
of Gaza have never left
22:44
the coastal enclave. They see
22:46
it through their mobile phones,
22:48
they see TikTok, you know,
22:50
YouTube, social media. So there
22:53
has to be, for me. I
22:55
want to pair policy making with
22:57
how does that actually connect to
22:59
the local populace, which is ultimately
23:02
what's going to move the needle
23:04
on this issue and empowering them
23:06
to see an alternative. And I
23:08
think about this every single day
23:11
myself. It's like... When people ask
23:13
me, why aren't, like, why aren't
23:15
the people of Gaza rebelling against
23:17
Hamas? Why aren't they, why did
23:19
they just acquiesce right after the
23:21
war? And I myself thought that
23:23
after the war, maybe we'll see
23:26
the emergence of more cohesive voices
23:28
that'll actually come up and say,
23:30
you know what, we're really not
23:32
feeling this Hamas, like we're done,
23:34
we're sick of this. And we look
23:36
at like... that some of the
23:38
most recent polling of, you know,
23:40
only 8% of Gazans want Hamas
23:42
to remain in power after the end
23:45
of the war. And yet
23:47
I also realize that good
23:49
luck standing up to a
23:51
militant terrorist organization that the
23:53
mighty IDF itself after a
23:56
year of deadly combat couldn't
23:58
effectively fully dislodge. And we
24:00
can talk about, couldn't do it
24:02
because of the hostages, because of
24:05
Biden's hindrances, etc. So like, that's
24:07
where the talk of the reconstruction
24:09
of Gaza, that's where, for example,
24:11
like one of the things that
24:14
I want to like, and I'm
24:16
promoting both pragmatically and symbol, like
24:18
from a symbolism point of views,
24:20
I want to take a lot
24:23
of the rubble that's all over
24:25
the Gaza strip and I want
24:27
to. dump it off the coast
24:29
of the central, the center of
24:32
Gaza's coast in der El Balah,
24:34
and I want to build an
24:36
artificial peninsula and put an airfield
24:38
and a small airfield and a
24:41
small seaport and open Gaza up
24:43
to the rest of the world
24:45
with full security and PMCs and
24:47
Egyptians and coordination with Israel. to
24:50
basically have a non-Israeli and a
24:52
non-Egyptian entry and exit point to
24:54
end Gaza's permanent codependency on these
24:56
two players. Gaza's the only territory
24:59
that overlooks the Mediterranean that has
25:01
no functional seaport. And so... That's
25:03
where we, if you inspire the
25:05
population through not just talk of
25:08
rebuilding, like I was, I met
25:10
with Tony Blair a few months
25:12
ago, and you saw him about
25:14
like how Gaza doesn't just need,
25:17
and I agree with him, that's
25:19
why we met, like, doesn't just
25:21
need reconstruction, it needs to be
25:23
reconstituted. You know, and I said,
25:26
yes. propose that reimagining, reconstruction, rebuilding,
25:28
who is credible, and whose vision
25:30
can actually be implemented? Anyone else?
25:32
If you ask me, I come
25:35
back to the Emirates, because they've
25:37
actually thought about this. They've actually
25:39
done a lot on the ground.
25:41
They have... four bakeries on the
25:44
ground. They have field hospitals as
25:46
well. They provide their own security
25:48
for those bakeries. A bakeries feed
25:50
about half a million people a
25:53
day. They've actually thought about this.
25:55
They have plans about how to
25:57
do it. but they don't want
25:59
to be alone. And the truth
26:02
is, in the Biden administration, I
26:04
was helping at the end with
26:06
what was an approach that was
26:08
going to draw on the Emirates,
26:11
the Egyptians, the Moroccan, the Italians,
26:13
the Italians. You can produce an
26:15
international approach that has to have
26:17
a security dimension that we were
26:20
talking about. And it gets back
26:22
to something Ahmadine was saying, if
26:24
you need Palestinians in Gaza to
26:26
know that someone's there to protect
26:29
them. They also need to see
26:31
that Hamas is not the way
26:33
of the future. You're not going
26:35
to take great risk if you
26:38
think Hamas is still going to
26:40
be in control. Why should I
26:42
expose myself? Exactly. So I think
26:44
there is a vision that's out
26:47
there. Now you have the competing
26:49
vision that President Trump has laid
26:51
out, which is the relocation. I
26:53
have to say, when he said
26:56
it, I said, well, this is
26:58
divorced from reality. But I like
27:00
the idea that he wants to
27:02
shake things up because I think
27:05
things need to be shaken up.
27:07
Again, I'd like to know that
27:09
he actually has a strategy for
27:11
doing it. But I also understood
27:14
it put the Arabs in a
27:16
position where they didn't, there are
27:18
all sorts of reasons why they
27:20
couldn't embrace it, not the least
27:23
of which is the fear that
27:25
somehow this is the answer to
27:27
the Palestinians. Let's just relocate Palestinians.
27:29
Yes, well that. Right, it just
27:32
seems to me that so when
27:34
we talk about plausibility, which was
27:36
what I asked about a minute
27:38
ago, enormous amount of trust is
27:41
required for some of these approaches,
27:43
will there ever be enough trust
27:45
in that region on the part
27:48
of those people legitimately to allow
27:50
a plan like relocation to happen?
27:52
How are they supposed to trust
27:54
in what universe and and with
27:57
what additional trappings of assurance? Could
27:59
they trust a relocation plan? I
28:01
don't understand how that would work.
28:03
I don't think a relocation plan
28:06
as such can work. I think
28:08
it's... Technologically, culturally, it looks like
28:10
it's, it would be a second
28:12
nokba. But that doesn't mean that
28:15
people who would like to leave,
28:17
shouldn't be able to leave. There
28:19
should be, on a volunteer basis,
28:21
assuming there's places for them to
28:24
go, number one. But number two,
28:26
if you actually have an approach
28:28
that creates different zones in Gaza,
28:30
and Egypt, to its credit, has
28:33
some... practical elements in its plan,
28:35
including different zones where people can
28:37
move and they're taking care of
28:39
from a housing, medical, humanitarian standpoint,
28:42
why you begin the process of
28:44
recovery and reconstruction. The failure of
28:46
the Egyptian plan is it effectively
28:48
is creating the Hezbollah model for
28:51
Gaza, where you create what appears
28:53
to be alternative governance, but you
28:55
put Hamas in a position where
28:57
they continue to engage in coercion
29:00
and control things. This is where
29:02
you have to basically take advantage
29:04
of the mood in Gaza, which
29:06
is no more than 8% who
29:09
would like to see Hamas still
29:11
in control. But then you also
29:13
have to address all the things
29:15
that would ensure that Hamas cannot
29:18
reconstitute itself. Number one, that also
29:20
means making sure there's no smuggling.
29:22
For the people who lived in
29:24
Gaza, it was an open-air prison.
29:27
But for Hamas, it was not
29:29
an open-air prison. They got whatever
29:31
they wanted. We saw them build
29:33
350 miles of tunnels. We saw
29:36
them build a huge military industrial
29:38
base. They got whatever they wanted.
29:40
They had a very significant indigenous
29:42
weapon production capability. So you have
29:45
to cut off all the smuggling.
29:47
You have to make sure that
29:49
they can't control the distribution of
29:51
humanitarian assistance. If you're going to
29:54
have reconstruction, rehabilitation, reconstruction, you have
29:56
to have mechanisms to ensure that
29:58
none of that can be diverted.
30:00
Now all that requires a law
30:03
and order presence. That's where the
30:05
issue comes in. You create the
30:07
law and order presence. By the
30:09
way, I can tell you. The
30:12
Israelis were engaged. in a direct
30:14
negotiation with the UAE on this
30:16
plan. And the truth is they
30:18
were quite close to reaching agreement
30:21
because you're raising the issue of
30:23
trust. The fact is, notwithstanding all
30:25
of the inhibitions of this particular
30:27
Israeli coalition, the fact is there
30:30
was a negotiation going on and
30:32
it was about how to create
30:34
a day after and it was
30:36
going to create a transition and
30:39
that transition ultimately would have produced.
30:41
even if the Israelis weren't prepared
30:43
to acknowledge it, a reformed Palestinian
30:45
authority back in Gaza. Having a
30:48
non-reform Palestinian authority back in Gaza
30:50
only perpetuates the problem. It doesn't
30:52
end the problem. It only perpetuates.
30:54
It only perpetuates. It only perpetuates.
30:57
You're talking about how do we
30:59
really change Gaza when you don't
31:01
change Gaza if Hamas is in
31:03
control in the background or if
31:06
the PA unreform comes back in,
31:08
that guarantees a perpetuation of what
31:10
we've seen. Note that if it
31:12
is the case, as many people
31:15
believe that Hamas is impossible to
31:17
eradicate in total, how plausible is
31:19
the scenario that Dennis sets forth
31:21
if you presume that some amount
31:24
of effectiveness or personnel of Hamas
31:26
will always remain. So I'd be
31:28
curious to know what I had
31:30
in Dennis think about this and
31:33
in my view the diplomatic deal
31:35
that could potentially... transform the Palestinian
31:37
strategic situation is not likely going
31:39
to be with Hamas. In my
31:42
view, it's more likely to be
31:44
a potential Saudi-Israel normalization deal. And
31:46
that is essentially a three-part deal.
31:48
Saudi Arabia wants security guarantees. They
31:51
want a defense treaty from the
31:53
United States. The United States tells
31:55
them if you want a defense
31:57
treaty with the United States, you
32:00
need to normalize relations with Israel.
32:02
Muhammad bin Salman the leader of
32:04
Saudi Arabia in order to do
32:06
that says listen I need something
32:09
significant Some significant territorial concessions or
32:11
path to Palestinian statehood or else
32:13
I will get lynched by my
32:15
people in Saudi Arabia who are
32:18
very much opposed to this. So
32:20
this is a three-way, would be
32:22
a three-way diplomatic deal. It is
32:24
a major priority for President Trump.
32:27
I would say it's among this
32:29
top two, three diplomatic priorities. People
32:31
close to him say that one
32:33
of his ambitions is to win
32:36
a Nobel Peace Prize and you
32:38
know he may see this as
32:40
one of the routes to getting
32:42
there. I think there's complexities in
32:45
each capital, right, in Washington, Jerusalem,
32:47
Riyadh to reaching this deal. And
32:49
it's probably not, you know, probably
32:51
not going to unlock this challenge
32:54
with the current Palestinian leadership, right?
32:56
Mahmoud Abbas, the leader of the
32:58
Palestinian Authority, 89 years old, obviously
33:00
the leadership of Hamas would not
33:03
be relevant here. And there's also
33:05
a question of whether you can
33:07
do it with the current. Israeli
33:09
leadership with Prime Minister Netanyahu. But
33:12
my sense is that the Trump
33:14
administration's grand slam, you know, their
33:16
big dream is to do this
33:18
Saudi-Israel normalization deal, and that could
33:21
potentially unlock what we're talking about
33:23
to bring in outside investment from
33:25
Gulf countries and also about, but
33:27
none of this stuff is going
33:30
to happen as long as obviously
33:32
Hamas is there and actually frankly
33:34
that when Mahmoud Abbas is also
33:36
there, the question is, and this
33:39
is to Ahmed, you know, when
33:41
Abbas leaves the scene, is it
33:43
possible we could see a Palestinian
33:45
leader who could potentially up-unify the
33:48
polities of Gaza and the West
33:50
Bank? There's a lot of speculation
33:52
about Marwan Baruam-Bharuti, you know, he's
33:54
someone who's capable of that. I
33:57
apologize for the sirens. I'm of
33:59
the belief and I catch a
34:01
lot of heat for sharing this
34:03
in a Palestinian context that the
34:06
days of a centralized Palestinian state
34:08
are long gone. The Gaza and
34:10
the West Bank are inherently geographically,
34:12
even culturally, yes culturally, different, and
34:15
that it is time to actually
34:17
embrace that, not in the way
34:19
that. I think Prime Minister Netanyahu
34:21
tried to nefariously leverage Hamas and
34:24
the Palestinian Authority against one another
34:26
to prevent the emergence of a
34:28
Palestinian state, but to actually think
34:30
of a federalist model within the
34:33
Palestinian context in which Gaza is
34:35
an autonomous area that can be
34:37
a part of a future umbrella
34:39
state of Palestine, but I don't
34:42
see a scenario anytime soon. And
34:44
with all due respect to Mr.
34:46
Marwan Bargutti, I have heard it
34:48
from plenty of Palestinians, mainly behind
34:51
closed doors because they want to
34:53
be respectful, that we are worried
34:55
about the Sinwar Syndrome. And what
34:57
is the Sinwar Syndrome? Someone is
35:00
in jail for 20, 30 years.
35:02
They are, you know, touted as
35:04
a hero or as this big
35:06
figure. They have a lot of,
35:09
you know... personal psychological problems associated
35:11
with being in isolation that long.
35:13
And then they come out and
35:15
they assume this massive responsibility in
35:18
a completely shifted society and dynamics.
35:20
And then they either crack under
35:22
the pressure or... in Senwar's case,
35:24
they just gained this like sense
35:27
of like I am a God
35:29
and I will do whatever I
35:31
want and he literally, you know,
35:33
destroyed the Palestinian people. So this
35:36
idea that we have to, and
35:38
I'm sorry and I believe we
35:40
have many Nelson Mandela's who could
35:42
be in the makings, I'm just
35:45
not willing to bet the future
35:47
of Gaza. on Mr. Bargutti. I'm
35:49
sorry. So with that said, however,
35:51
I am a believer. And this
35:54
is why I go back to
35:56
this idea of the Technocratic Committee.
35:58
There are tens of thousands of
36:00
Palestinians in Gaza and certainly in
36:03
the West Bank, but I'm talking
36:05
about Gaza. I don't know their
36:07
names. None of us here know
36:10
their names, but if they're given
36:12
a chance to speak their mind,
36:14
to exercise dominion and authority over
36:16
their lives, to actually... trial and
36:19
error to actually be a part
36:21
of nation building, not resistance, not,
36:23
you know, the Zionist enemy, not
36:25
we are done with resistance. Gaza
36:28
is not a resistance platform. Gaza
36:30
is a place and a space
36:32
for nation building. If they're given
36:34
that space without the public shaming,
36:37
without the risk for their lives,
36:39
without Hamas, we will very quickly
36:41
in a five-year period have a
36:43
small pool. of highly qualified candidates
36:46
who could actually run for elections,
36:48
who could actually exercise leadership beyond,
36:50
because right now when we talk
36:52
leadership, we have the binary of
36:55
Hamas or Fatah, or like it's
36:57
very factionalized. And I almost believe
36:59
in like. abolishing that. I almost
37:01
believe that that needs to be,
37:04
you know, not to disrespect those
37:06
people and who want to form
37:08
political parties based on the historic
37:10
Palestinian National Project, but to rejuvenate
37:13
and renew. And that's where I
37:15
see Gaza kind of like not
37:17
bringing in the failed Soviet-style Palestinian
37:19
leadership from the West Bank in
37:22
there. I just, I see it
37:24
would be a grave mistake. and
37:26
merely taking the can down the
37:28
road in a desire to expediently
37:31
create a pathway towards a Palestinian
37:33
state so that we end up
37:35
with a Saudi normalization deal to
37:37
very quickly just like recycle elements
37:40
of what exists instead of using
37:42
this as an opportunity to create
37:44
something new. Just one quick suggestion.
37:46
Apropos, what you're saying. Karim, where
37:49
the Saudi normalization Israeli triangle comes
37:51
into play. is, as you suggested,
37:53
the U.S. takes the leadership. But
37:55
what the U.S. should be saying
37:58
to the Saudis is, you want
38:00
us to create a credible pathway
38:02
for a Palestinian state. Here's what
38:04
we require of you. If you're
38:07
serious about a Palestinian state, you
38:09
need to assume the responsibility of
38:11
producing real reform. in the PA.
38:13
We've seen real reform before. Salamfayat
38:16
came in in 2007 and he
38:18
carried out real reform. We know
38:20
it can be done. It was
38:22
done then because the Bush administration
38:25
organized all the donors and said
38:27
to Abumazan you will appoint Salamfayat
38:29
and he will be empowered and
38:31
he will be independent or we
38:34
will cut you off. The Saudis
38:36
have that kind of leverage on
38:38
Abumazan if they're prepared to apply
38:40
it. And the key to a
38:43
Palestinian state ultimately... has to be
38:45
a different Palestinian leadership. So they
38:47
can't really have it both ways.
38:49
They can't say, you, the US,
38:52
have the responsibility to create that
38:54
credible pathway without them assuming the
38:56
responsibility to do their part to
38:58
ensure we have real reform on
39:01
the Palestinian side. And as I
39:03
said, when people asked me, have
39:05
we ever seen it before? I
39:07
said, yes, we've seen it. We
39:10
saw Phi Out come in, and
39:12
he actually did it. Now he
39:14
was removed in 2012, and this
39:16
was a mistake on our part.
39:19
We should have prevented Abumazin from
39:21
removing him. I'll be right back
39:23
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42:58
can ask a question about
43:00
Saudi Arabia. Karim, you wrote
43:03
not long ago that there was
43:05
a poll as far back as
43:07
November and December
43:09
of 2023, so not long after
43:11
October 7th, showing that
43:13
95% of Saudis believe that
43:15
Hamas did not kill Israeli
43:18
civilians in October 7th. How
43:20
does that affect all of
43:23
what we've been talking about
43:25
for the last 10 minutes?
43:27
You know, in fact that poll was
43:29
from Dennis's late great colleague David
43:32
Pollack at the Washington Institute for
43:34
Neary's policy and those figures were
43:36
quite shocking to me. That was
43:38
in an essay I wrote for
43:40
Foreign Affairs about Saudi Vision 2030
43:43
versus Iran Vision 1979 and what
43:45
was striking to me was the
43:47
limited polling about Saudi public opinion,
43:49
but what we have, if you're
43:51
Mohammed bin Salman and... Your citizens
43:53
for the last year and a
43:56
half have been watching on a
43:58
daily basis on Tiknok and cable
44:00
news. destruction of Gaza and enormous
44:02
human suffering. So at this point,
44:05
probably in, you know, two, three
44:07
percent, if that, of Saudi citizens,
44:09
probably think it's a good idea
44:11
to normalize relations with Israel. And
44:14
so for him, Muhammad bin Salman,
44:16
it's okay. You can do it
44:18
if you... are not just normalizing
44:21
with Israel, but you're seen as
44:23
the guy who who helps spawn
44:25
Palestine, spawn a Palestinian state. And
44:27
as Dennis said, that gives him
44:30
enormous leverage. I'm skeptical that they're
44:32
capable, though, Saudi Arabia is capable
44:34
of playing that role of reforming
44:36
the Palestinian Authority. Perhaps, you know,
44:39
you bring in other Gulf countries
44:41
with with more experience in that,
44:43
like the UAE. But yes, that
44:46
is a real challenge. And it's
44:48
at a time when I'm also
44:50
skeptical that the Trump administration is
44:52
interested in playing this role of
44:55
bringing about political reform beyond America's
44:57
borders. That doesn't seem to really
44:59
be a priority for them. It's
45:02
true, but they can't produce what
45:04
they want unless they're prepared to
45:06
play that role. The Saudis can't
45:08
produce what they want. I referred
45:11
to the Arab Quint, which is
45:13
Egypt, Jordan, Qatar, the UAE, and
45:15
the Saudis. As a collective if
45:17
they go to Abhamaz, they have
45:20
enormous weight and it'd be very
45:22
difficult for him to say no
45:24
to them. But that can't happen.
45:27
until we're in a place where
45:29
the 106, for example, 106 page
45:31
long Egyptian plan to sideline Hamas
45:33
doesn't use the word Hamas once,
45:36
not even like literally once, they
45:38
use armed factions and wishy-washy language.
45:40
And I've spent, you know, I'm
45:43
a new entrant to this space,
45:45
if you will, but I've spent
45:47
enough time now to see the
45:49
massive difference between what is said
45:52
in public versus is what is
45:54
said behind closed doors. And in
45:56
the Arab world, if you're not
45:58
saying this publicly, it's useless. It's
46:01
meaningless. You know, you can say
46:03
behind closed doors of where we're
46:05
hoping Israel gets rid of Hamas.
46:08
We're hoping the US does this.
46:10
We're hoping the US does that.
46:12
But if you're not actually willing
46:14
to even mention the word Hamas
46:17
in a plan. designed to sideline
46:19
Hamas, then I don't know what
46:21
to expect of Arab diplomacy at
46:24
this point. But just to your
46:26
point, Ambassador Ross, like real briefly,
46:28
going back to just an earlier
46:30
point, I'm a big believer as
46:33
much as I was opposed to
46:35
the forced displacement and forced relocation,
46:37
if you will, knock but to
46:39
point out, as some called it,
46:42
of Trump's plan. Like, who am
46:44
I? I got out, I got,
46:46
you know, my mom's out, I
46:49
got my brother's wife and four
46:51
kids out. I helped many Gazans
46:53
get out. Who am I to
46:55
sit here and say, no, you
46:58
have no right to leave? And
47:00
in fact, Gaza is the only
47:02
modern conflict, urban warfare in contemporary
47:05
history and challenge me if you
47:07
want on this, in Fallujah, in
47:09
Mosul, in Ukraine, in Libya, in
47:11
Sudan, in Myanmar, everywhere, in Yemen,
47:14
in Somalia, everywhere there's conflict, people
47:16
flee. except in Gaza because we
47:18
had the sea, we had Israel,
47:20
and we had three Berlin walls
47:23
on the Egyptian side. And of
47:25
course it didn't help that at
47:27
the beginning of October 7th, there
47:30
were all these statements by the
47:32
Israeli officials who were talking about
47:34
the transfer scenario and the transfer
47:36
situation. The Egyptians were terrified of
47:39
this. Still, I believe that it
47:41
is an absolute travesty. to hold
47:43
people against their will and have
47:46
them be in a situation where
47:48
they're facing ferocious Israeli fire, horrendous
47:50
behavior by Hamas that is hiding
47:52
in hospitals and is hiding in
47:55
schools and is using in Shigazans
47:57
indirectly as human shields. So like
47:59
that's where I'm not willing to
48:01
be comfortable with that anymore. And
48:04
if there's a scenario where some
48:06
place is willing to arrange for
48:08
Gazans wishing and wanting to leave,
48:11
then who am I to sit
48:13
here in Washington and be like,
48:15
no, you need to hold the
48:17
land and resist. face off against
48:20
the Zionists. Like, that's been disgusting
48:22
to observe of those who proclaim
48:24
to be pro- Palestine, but are
48:27
determined to basically see dead Palestinians
48:29
instead of actually save the most
48:31
Palestinian lives. I want to ask,
48:33
we talked about Saudi sentiment, and
48:36
maybe that doesn't matter so much,
48:38
even if it's 97% in one
48:40
direction. What is the role and
48:42
significance and relevance of US public
48:45
sentiment? Who has a finger on
48:47
the pulse of what U.S.-American people
48:49
sentiment is at the moment, or
48:52
is it mixed? I think it's
48:54
mixed. Look, we've seen polls that
48:56
suggest there's a huge gap between
48:58
where Republicans and Democrats are. I
49:01
think most Americans would like to
49:03
see the conflict end without knowing
49:05
much about it, without really making
49:08
a case for... What should happen
49:10
next? You just want to see
49:12
it end. I think that's an
49:14
instinct that's understandable. Trump wants to
49:17
see it end. I think we
49:19
collectively want to see it end.
49:21
I think there's a pathway to
49:23
ending it, but a lot of
49:26
it depends upon how you make
49:28
sure that Hamas cannot reconstitute itself.
49:30
The right approach in my mind
49:33
should be an approach under the
49:35
umbrella of reconstruction for demilitarization. If
49:37
there's reconstruction for demilitarization, that by
49:39
definition is going to profoundly limit
49:42
Hamas, but then it has to
49:44
be real. If you don't have
49:46
demilitarization, there'll be no reconstruction. No
49:49
one is going to invest in
49:51
rebuilding Gaza knowing that Hamas can
49:53
do that. this all over again.
49:55
So I think if you explain
49:58
it to the American public like
50:00
that, I think they would get
50:02
it. And I don't, you know,
50:05
except for a small percentage of
50:07
activists who, as Ahmed says, they're
50:09
quite willing to sacrifice the Palestinians
50:11
to save the Palestinian cause. Thank
50:14
you very much. If I'm a
50:16
Palestinian, I say, thank you very
50:18
much, but I think I prefer
50:20
a different approach. I think most
50:23
people would say, end the war
50:25
in a way where Hamas can't
50:27
do this again. I think that's
50:30
the overriding sentiment here. Is that
50:32
possible, Karim? Listen, I mean, Ahmed
50:34
is the Palestinian here, I would
50:36
defer to him. There's, I've kind
50:39
of two conflicting thoughts in my
50:41
head, which is over the last
50:43
decades, what has usually been wrought
50:46
from violent conflict and war doesn't
50:48
usually spawn more moderate politicians. So
50:50
we've seen that in other contexts.
50:52
At the same time... This has
50:55
been a level of destruction to
50:57
such a degree that we probably,
50:59
we could argue it's unprecedented. We
51:01
haven't seen this in other contexts.
51:04
So I think what Ahmed said
51:06
earlier is a very important point,
51:08
which is people have to see
51:11
a potential alternative for themselves. I
51:13
would have a, I'll be very
51:15
curious to, I know we don't
51:17
have great polling, but I can't
51:20
imagine a high percentage of residents
51:22
of Gaza. think that the way
51:24
that Hamas is, Hamas is decision-making,
51:27
its governance, that's not how people
51:29
want to live. So I have
51:31
these conflicting thoughts that on one
51:33
hand, you know, there is among
51:36
a vast majority of Palestinians a
51:38
desire to live differently. Challenge, we've
51:40
oftentimes seen in the Middle East,
51:42
and I say this in Iran
51:45
in many other contexts, is that
51:47
It's not the will of the
51:49
majority that often prevails. It's the
51:52
will of a small group of...
51:54
armed, organized, highly violent people. And,
51:56
you know, Hamas obviously checks those
51:58
boxes. And if I may just
52:01
very briefly add to that, I
52:03
mean, none of what I've been
52:05
saying throughout, you know, our time
52:08
together here is to undermine the
52:10
rage and anger that exists towards
52:12
the Israeli government and the Israeli
52:14
military that many in Gaza have
52:17
that many rightfully feel as the
52:19
consequence of having endured the horrendous
52:21
bombardment. I mean, my brother, my
52:23
childhood home that I grew up
52:26
in was destroyed, and my brother
52:28
and his four kids and four
52:30
little babies and his wife, like,
52:33
you know, they pushed their way
52:35
out of the rubble. Like, I
52:37
am furious myself, like, there is
52:39
one air strike on December 14th
52:42
that killed 29. of my family
52:44
members. There were 14 children who
52:46
were under the age of nine
52:49
and you know the... New York
52:51
Times did an investigation and there
52:53
were multiple attempts to ask the
52:55
idea of like why did this
52:58
air strike happen and all we
53:00
got was like boilerplate you know
53:02
language and responses. So I am
53:04
furious I'm angry I'm choosing not
53:07
to be hateful I want to
53:09
break the vicious cycle but that
53:11
is all to say that of
53:14
course Israel bears tremendous responsibility and
53:16
how it chose to carry out
53:18
this war though I maintain that
53:20
Like, of course there was going
53:23
to be a war. Like, what
53:25
did Hamas think? You're going to
53:27
attack the Jewish people and commit
53:30
the worst atrocity since the Holocaust,
53:32
and Israel's just going to be
53:34
like, okay, all right, no problem.
53:36
My thing is, I want to
53:39
look at that, remember what I
53:41
started with, that imbalance of power
53:43
dynamics of yes, Israel has overwhelming
53:45
power and economic, political, military, etc.
53:48
over the palisades. But where we
53:50
have space for agency and accountability
53:52
and responsibility, I want us to
53:55
ace that. I want to invest,
53:57
I don't want to, we need.
53:59
Saudi, UAE support, we need US
54:01
support, we need all of that,
54:04
but I want us to look
54:06
at how do we change the
54:08
narrative from within, because I am
54:11
seeing a shift due to the
54:13
destruction, due to the damage, due
54:15
to the horror, where Palestinians and
54:17
Gaza aren't Zionist all of a
54:20
sudden, but they're also like, we
54:22
are done with this armed resistance
54:24
narrative. We are done. And Al
54:26
Jazeera isn't showing that. You know,
54:29
all these like influencers online aren't
54:31
showing that. The pro- Palestine industrial
54:33
complex isn't showing that, but I
54:36
see it. I feel it. I
54:38
talk to people. Palestinian voices beyond
54:40
just Hamas Fatah Pia, you know,
54:42
Arab international peacekeeping forces, all of
54:45
which I completely support, and I'm
54:47
behind. But it's like, I actually
54:49
want to empower the alternate from
54:52
within the Palestinian society. And that's
54:54
not going to lead to the
54:56
rapid, you know, release of hostages
54:58
or whatever. But that is the
55:01
enduring solution to actually invest in
55:03
the Palestinian people in Gaza to
55:05
form a better future. I'm fixated
55:07
on one point that seems to
55:10
be difficult, although there are many,
55:12
many difficult points, and that is,
55:14
if I'm hearing all of you
55:17
correctly, the one condition precedent to
55:19
all these things, to rebuilding, to
55:21
having that peninsula, to having an
55:23
independent airport, to having peace, to
55:26
having prosperity, all of that is
55:28
contingent on multiple things. But one
55:30
of the things that's contingent upon,
55:33
is contingent on complete and total
55:35
neutering of Hamas, such that it
55:37
cannot cause the same amount of
55:39
pain, and it cannot reconstitute itself
55:42
in the future. But what I
55:44
haven't heard, and maybe I've missed
55:46
it, is the outlook for that
55:48
happening, that one condition, the complete
55:51
and total neutering of Hamas, and
55:53
our... on a path to doing
55:55
that? Is it something we just
55:58
hope and pray for? Does it
56:00
require additional armaments? If I'm correct
56:02
about the conditioned precedent, what is
56:04
it going to take to get
56:07
that to be in place? I
56:09
want to address it because I
56:11
also want to draw a distinction.
56:14
Whenever I've heard certain Israelis talk
56:16
about the eradication of Hamas. I
56:18
said neutering, I didn't see eradication.
56:20
No, I'm not saying you, but
56:23
I'm raising it for a reason,
56:25
because there's a distinction between the
56:27
defeat of Hamas, the inability of
56:29
Hamas to reconstitute itself, and the
56:32
eradication of Hamas. The Israelis can
56:34
no more eradicate Hamas than we
56:36
could eradicate ISIS. You can't eradicate
56:39
an ideology. You will hope that
56:41
basically it is discredited. And this
56:43
gets at the issue of empowering
56:45
Palestinians to the point where their
56:48
narrative will be defined by coexistence
56:50
as opposed to resistance. So long
56:52
as the Palestinian narrative is based
56:55
on resistance, you can't do away
56:57
with Hamas. Now what you can
56:59
do is you weaken Hamas to
57:01
the point where it becomes very
57:04
difficult for it to rebuild itself.
57:06
One of the reasons I said
57:08
before, we have this interesting paradox.
57:10
The only time Hamas is in
57:13
uniform now is when there's a
57:15
ceasefire and they can put on
57:17
a show. The truth is they
57:20
have been dramatically weakened by the
57:22
Israelis. the right strategies take advantage
57:24
of the fact that they have
57:26
been so weakened to come up
57:29
with a transitional administration where there
57:31
will be a security presence that
57:33
and you will prevent smuggling so
57:36
they can't reconstitute you will prevent
57:38
diversion material so they can't rebuild
57:40
themselves there should also be a
57:42
kind of collective approach to cut
57:45
off the monies that go to
57:47
them that is also something that
57:49
is possible so you're asking is
57:51
it possible to get there my
57:54
answer is Yes, but it takes
57:56
yes, how far along are we
57:58
well? We're not that far long
58:01
because this kind of day after
58:03
strategy has been discussed but nobody's
58:05
assumed now responsibility since the Trump
58:07
administration came in to mobilize that.
58:10
To its credit the Biden administration
58:12
was working on that, although its
58:14
biggest problem was it started it
58:17
was too little too late and
58:19
it didn't get really serious about
58:21
it until too late in the
58:23
day. Now the Trump administration came
58:26
in and didn't pick up any
58:28
of that. It should pick up
58:30
that because it has an interest
58:32
in being able to end the
58:35
war. You're not going to end
58:37
the war until it's pretty clear
58:39
you know what comes next. That's
58:42
kind of the problem with where
58:44
the Trump administration is right now.
58:46
When you lay out relocation and
58:48
you're saying to the air, I
58:51
come with a credible plan, what
58:53
now needs to happen with the
58:55
Egyptian plan, there needs to be,
58:58
the White House has said, we'll
59:00
continue talking. come back with the
59:02
specifics of what would make this
59:04
plan credible. The Egyptians have put
59:07
something on the table. I can
59:09
tell you from my conversations with
59:11
both the Saudis and the Emirates,
59:13
in principle they'll support this plan,
59:16
but they would not be unhappy
59:18
at all if the Trump administration
59:20
were to say, now let's get
59:23
to, let's get down to cases
59:25
as to how to translate this
59:27
into a reality. Right now it
59:29
falls short. Here's the area where
59:32
it falls short because it does
59:34
not address the issue of Hamas
59:36
and it has to. You talk
59:39
to others, again, this is, Ahmad's
59:41
point earlier, is exactly right. I
59:43
never trusted anything I heard only
59:45
in private. In all the negotiations,
59:48
you know, I said, the minute
59:50
you say this in public, I'll
59:52
know it's real. So long as
59:54
you're telling me this only in
59:57
private, I know it's not real.
59:59
That has to be part of
1:00:01
what the Trump administration's approach is.
1:00:04
President Trump wants to achieve what
1:00:06
he wants. He doesn't just want
1:00:08
to end the war, he wants
1:00:10
a Nobel Prize. Okay, to get
1:00:13
the Nobel Prize, he's going to
1:00:15
have to end the war, and
1:00:17
he's going to have to take
1:00:20
this and translate it into a
1:00:22
new reality. And the French Riviera.
1:00:24
The Riviera on the Mediterranean. I've
1:00:26
got two more questions for you
1:00:29
folks than you've been very kind
1:00:31
with your time. One, given everything
1:00:33
that's going on, given all of
1:00:36
your views and reflections from this
1:00:38
hour and the past number of
1:00:40
months, what's your level of optimism
1:00:42
over the next six to ten
1:00:45
months? Karim. I like to look
1:00:47
at things on a 1 to
1:00:49
10 scale. If so, if 10
1:00:51
is, I'm very optimistic and one
1:00:54
is, I'm very pessimistic. You said
1:00:56
six to 10 months, I'm pessimistic
1:00:58
in the near term. I'm not
1:01:01
optimistic that we're going to see
1:01:03
a near term resolution. Now, probably
1:01:05
some of you saw the special
1:01:07
envoy for hostages is commenced a
1:01:10
direct dialogue with Hamas, which is...
1:01:12
upset the Israelis, so there's some
1:01:14
momentum there. So hopefully we get
1:01:17
some hostages released, but I don't
1:01:19
in the near term see any
1:01:21
ideas, whether it's from Trump's tweets
1:01:23
or from Arab partners, that there's
1:01:26
a roadmap to something better. Let
1:01:28
me just wake also one observation,
1:01:30
which is I'm always reminded of
1:01:32
something that Henry Kissinger once said
1:01:35
that Before he went into government
1:01:37
when he was an academic at
1:01:39
Harvard, he thought that the individual
1:01:42
didn't really matter that much in
1:01:44
history and that whoever is in
1:01:46
charge of countries, they'll nations invariably
1:01:48
follow their own kind of natural
1:01:51
interests. And it was, you know,
1:01:53
after he served in government that
1:01:55
he said he reached the exact
1:01:58
opposite conclusion, which is that the
1:02:00
individual actually matters profoundly in history.
1:02:02
And, you know, he cited the
1:02:04
example of people like Sadat Rabin
1:02:07
and Israel. Part of the reason
1:02:09
I'm not terribly optimistic, at least
1:02:11
in the near term, is that
1:02:13
I don't see great leaders in
1:02:16
statesmen, whether among the Palestinians or
1:02:18
in Israel, you know, people are
1:02:20
driven by their short-term political prerogative.
1:02:23
And so, perhaps, you know, my
1:02:25
answer would change, perhaps six months
1:02:27
from now, if we have a
1:02:29
new set of leaders, but I
1:02:32
don't see those leaders at the
1:02:34
moment. Briefly, Ahmed, Dennis? I, in
1:02:36
the short, very, very short term,
1:02:39
I'm incredibly pessimistic. I am, like,
1:02:41
really, really struggling. There were, I
1:02:43
had war gained a variety of
1:02:45
scenarios in which... basically something less
1:02:48
than like 5% of what I
1:02:50
had predicted had happened as far
1:02:52
as like Gazans being able to
1:02:54
have a unified internal cohesive voice
1:02:57
within Gaza that can rise up
1:02:59
not in a militant fashion but
1:03:01
that can rise up and begin
1:03:04
to talk to the world that
1:03:06
we are not interested in perpetual
1:03:08
resistance. We are not, but Hamas's
1:03:10
resurgence has very much so made
1:03:13
that impossible. I did not predict
1:03:15
that Hamas would so quickly resume
1:03:17
control of Gaza in the way
1:03:20
that they have, and my brother
1:03:22
runs a major international NGO on
1:03:24
the ground in Gaza, like a
1:03:26
British medical NGO, and so... Like
1:03:29
I hear it from different angles
1:03:31
not just from chatter but from
1:03:33
people who are working on the
1:03:35
ground handling millions of dollars worth
1:03:38
of humanitarian aid However I remain
1:03:40
I would not have I basically
1:03:42
uprooted my life from California and
1:03:45
came to DC six months ago
1:03:47
because I am Inherently optimistic that
1:03:49
out of this not in the
1:03:51
immediate term, but how about the
1:03:54
middle to longer term? I actually
1:03:56
think absolutely there will be optimism.
1:03:58
There will absolutely be an opportunity,
1:04:01
you know, to reform, to rejuvenate
1:04:03
and transform Gaza and to have
1:04:05
a renaissance in there really. But
1:04:07
that's where, again, I go back
1:04:10
to we need organic, like some
1:04:12
of this, there will have to
1:04:14
be outside influence. and outside plans
1:04:16
that are brought in, but there
1:04:19
needs to be a parallel track
1:04:21
that tries to actually foment a
1:04:23
new school of thought from within,
1:04:26
that is there, that is just
1:04:28
waiting for resources, waiting for the
1:04:30
protection, waiting for the support. And
1:04:32
I'm not talking about a CIA-style
1:04:35
intervention. I'm just talking about like
1:04:37
an intellectual kind of political rejuvenation.
1:04:39
I also believe that I am
1:04:42
done, honestly, like I've seen the
1:04:44
amount of meanings and plans and
1:04:46
post-Gaza visions that I've seen. I
1:04:48
don't want to hear about any
1:04:51
more new plan for Gaza. What
1:04:53
I want to see is I
1:04:55
actually want to see fragmented compartmentalized
1:04:57
approaches to solving specific problems in
1:05:00
the near future to addressing the
1:05:02
humanitarian suffering, to addressing security. Like
1:05:04
I want small gains that can
1:05:07
cumulatively. kind of break the impasse.
1:05:09
Like we keep developing these visions
1:05:11
and these plans and the Egyptians
1:05:13
and the Israel policy forum and
1:05:16
Niyahu's thing and the Arabs and
1:05:18
the Emirates and the Palestinian Authority.
1:05:20
Like we don't need any more
1:05:23
planning. What we need is action
1:05:25
to like take elements like very
1:05:27
and that's why I actually believe
1:05:29
that even when Hamas is still
1:05:32
in power in Gaza. There are
1:05:34
things we can do right now,
1:05:36
like this peninsula that I am
1:05:38
proposing. I actually, my whole vision
1:05:41
is that peninsula can operate even
1:05:43
during times of war. I actually
1:05:45
think that part of the solution...
1:05:48
is going to be the great,
1:05:50
like Hamas will eventually realize that
1:05:52
they are out of options. Like
1:05:54
they used to criminalize, like right
1:05:57
now they're running around on Al
1:05:59
Jazeera saying like, we had to
1:06:01
talk to the Americans, we had
1:06:04
no option but to talk to
1:06:06
the Americans, because a lot of
1:06:08
people were like, wait, why are
1:06:10
you talking to the great Satan
1:06:13
and you were just in Tehran?
1:06:15
And so, like, I think we
1:06:17
push Hamas while we do something
1:06:19
on the ground. We empower, like
1:06:22
we attack it from multiple angles
1:06:24
and we stop this charade that
1:06:26
we're going to have these these
1:06:29
comprehensive breakthroughs any time soon. Ambassador?
1:06:31
I would be more optimistic if
1:06:33
I saw a readiness if I
1:06:35
saw a readiness at implementation. I
1:06:38
don't see anybody. focused on that.
1:06:40
And the absence of implementing things
1:06:42
is what makes me pessimistic in
1:06:45
the near term. If we were
1:06:47
doing this a year from now,
1:06:49
I'm much more hopeful. I see
1:06:51
the potential. I think there is
1:06:54
going to be some, there will
1:06:56
for sure be some soul searching
1:06:58
on the Israeli side. It's going
1:07:00
to come. I would love to
1:07:03
see it on the Palestinian side.
1:07:05
There's never been a political social
1:07:07
context that permitted that on the
1:07:10
Palestinian side. After this kind of
1:07:12
a catastrophe for Palestinians, it would
1:07:14
be good to begin to see
1:07:16
it. You folks have been very
1:07:19
generous with your time. Karim, Ahmed,
1:07:21
Dennis, thanks so much. I really
1:07:23
appreciate it. Thank you for having
1:07:26
us. We discussed Trump's approach to
1:07:28
Russia. To try out the membership,
1:07:30
head to cafe.com/insider. Again, that's cafe.com/insider.
1:07:32
Stay tuned. After the break, I'll
1:07:35
discuss a recent executive order that
1:07:37
isn't making headlines, but has big
1:07:39
implications. Support
1:07:50
for stay tuned comes from the NPR
1:07:52
podcast up first. There is a blizzard
1:07:54
of breaking news coming out of Washington
1:07:56
every single day right now. Trying to
1:07:58
keep track of... everything you need to
1:08:00
know can feel impossible, especially if you're
1:08:02
trying to stay informed without also subjecting
1:08:04
your poor brain to burn out exhaustion
1:08:06
and absurd levels of anxiety. If you're
1:08:08
looking for a way to learn everything
1:08:10
you need to know without getting completely
1:08:12
overwhelmed, you might want to listen to
1:08:14
the NPR podcast up first. Up first
1:08:16
is a daily show that covers the
1:08:19
three most important stories of the day
1:08:21
in just 15 minutes. So you can
1:08:23
learn what you need to know and
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1:08:27
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1:08:29
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conflict, the new administration, and so much
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more. I listened to a recent episode
1:08:40
and I appreciated how short the episodes
1:08:42
were. They get right to the point
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and break down what's going on without
1:08:47
all the noise. If you're looking for
1:08:49
more news and less noise, you can
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listen to the Upforist podcast from
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NPR today. Support for the show
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get to your questions I want
1:11:21
to end the show this week
1:11:24
by talking about one executive order
1:11:26
recently issued by Donald Trump, that
1:11:28
hasn't gotten as much attention as
1:11:31
some of the others. There are
1:11:33
in fact two executive orders that
1:11:35
Trump has signed and issued that
1:11:38
directly target by name prominent law
1:11:40
firms in the United States. The
1:11:42
first was directed against a preeminent
1:11:45
law firm named Covington Burling, but
1:11:47
it's the second one directed at
1:11:49
another prominent law firm named Perkins
1:11:52
Kui. They wanted to talk about
1:11:54
for a minute. I will say,
1:11:56
even though it is not getting
1:11:59
top billing in terms of the
1:12:01
news, given what's happening in the
1:12:03
stock market, given what's happening in
1:12:06
Ukraine, given what's happening. in the
1:12:08
Middle East, in the legal industry,
1:12:10
of which I am a member,
1:12:13
it's an earthquake. So what is
1:12:15
this executive order all about? And
1:12:17
what's happening with it? And why
1:12:20
should you care? Well, the executive
1:12:22
order is entitled Addressing Risks from
1:12:24
Perkins Kui LLP. And it frames
1:12:27
its actions, the president's actions, as
1:12:29
a matter of national security. But
1:12:31
I think the evidence will show,
1:12:34
and the public record will ultimately
1:12:36
show, and probably already sufficiently shows,
1:12:38
that it's a lot less about
1:12:41
national security, and more directly, a
1:12:43
strike against perceived political opponents. You
1:12:45
see, Perkins Cooey has a lot
1:12:48
of different kinds of clients, like
1:12:50
many large law firms do. They
1:12:52
have tech clients, like Amazon and
1:12:55
Google, but they have also in
1:12:57
the past represented Democratic interests. Perkins
1:12:59
Cooey represented Hillary Clinton. Among other
1:13:02
things, Perkins Cooey hired a company
1:13:04
called Fusion GPS to commission. the
1:13:06
notorious Steele dossier, the controversial 2016
1:13:09
document that connected Trump to Russia.
1:13:11
The Steele dossier, you might remember,
1:13:13
was largely discredited after a series
1:13:16
of investigations revealed many of its
1:13:18
central allegations were not true. One
1:13:20
of its former lawyers and former
1:13:23
stay-tuned guest Mark Elias also represented
1:13:25
democratic interests in case after case
1:13:27
after case after case relating to
1:13:30
the 2020 election. when Donald Trump
1:13:32
and his lawyers tried to steal
1:13:34
it. And so Donald Trump has
1:13:37
a lot of reasons, not to
1:13:39
like that firm, for political reasons,
1:13:41
not national security reasons. So what
1:13:44
does the executive order purport to
1:13:46
do? Well, a few things that
1:13:48
are fairly remarkable. One, it revokes
1:13:51
security clearances in Perkins-Koui attorneys, those
1:13:53
who have them at least. That
1:13:55
means that if you're a lawyer
1:13:58
at Perkins-Koui... defending a client in
1:14:00
a sensitive national security investigation, you're
1:14:02
suddenly out of luck. Two. Federal
1:14:05
agencies through the executive order are
1:14:07
instructed to terminate to the maximum
1:14:09
extent permitted by applicable law any
1:14:11
existing contracts with companies represented by
1:14:14
Perkins Cooey, especially on matters related
1:14:16
to the contract. That could end
1:14:18
up being a sizable amount of
1:14:21
business and revenue to the firm.
1:14:23
Three, and this is very remarkable,
1:14:25
the executive order purports to restrict
1:14:28
Perkins Cooey attorneys from entering federal
1:14:30
buildings and secure facilities and secure
1:14:32
facilities. Think of how hard that
1:14:35
makes it, to handle government-related legal
1:14:37
cases, of which they have many.
1:14:39
And finally, the order calls for
1:14:42
a detailed review of the firm's
1:14:44
diversity and inclusion policies, suggesting they
1:14:46
might violate civil rights law. And
1:14:49
in fact, it goes further, directing
1:14:51
that the EEOC and the Attorney
1:14:53
General of the United States, take
1:14:56
a look at the DEA programs
1:14:58
of all large law firms to
1:15:00
pick a different metaphor. This is
1:15:03
like an atom bomb. in the
1:15:05
larger legal community, because any law
1:15:07
firm could be next. In fact,
1:15:10
Trump said just a day or
1:15:12
two ago, in an interview on
1:15:14
Fox News, quote, we have a
1:15:17
lot of law firms that were
1:15:19
going to be going after, because
1:15:21
they were very dishonest people. They
1:15:24
were very, very dishonest, end quote.
1:15:26
So the firm that's the target
1:15:28
of this EU, Perkins Kui, is,
1:15:31
of course, fighting back. They hired
1:15:33
another venerable law firm, Williams and
1:15:35
Connolly. that on Tuesday evening of
1:15:38
this week filed a very substantial
1:15:40
complaint in federal court seeking a
1:15:42
temporary restraining order, among other things,
1:15:45
against the enforcement of this executive
1:15:47
order. I get to the claims
1:15:49
and the complaint in a moment,
1:15:52
but a couple of quick housekeeping
1:15:54
matters that the complaint puts into
1:15:56
perspective. Things that have already been
1:15:59
known from the public record. Among
1:16:01
them, the two principal lawyers on
1:16:03
the cases and matters that Donald
1:16:06
Trump seems not to like, Mark
1:16:08
Elias... and Michael Sussman have been
1:16:10
gone from Perkins Cooey for years.
1:16:13
Second, Donald Trump has already sued
1:16:15
Perkins Kui in a massive RICO
1:16:17
complaint, along with Hillary Clinton and
1:16:20
other folks. And that complaint, that
1:16:22
lawsuit by Donald Trump, against this
1:16:24
very same firm, against whom he's
1:16:27
issued this executive order, that lawsuit
1:16:29
was dismissed. So what are the
1:16:31
actual particular claims that Williamson Connolly
1:16:34
makes on behalf of Perkins Kui?
1:16:36
Well, they allege a lot of
1:16:38
violations. of a lot of amendments
1:16:41
to the Constitution. Various provisions of
1:16:43
the First Amendment, the Fifth Amendment,
1:16:45
and even the Sixth Amendment. This
1:16:48
is paragraph 10 of the complaint.
1:16:50
I'll read it in full. Quote,
1:16:52
because the order in effect adjudicates
1:16:55
and punishes alleged misconduct by Perkins
1:16:57
Kui, it is an unconstitutional violation
1:16:59
of the separation of powers. Because
1:17:01
it does so without notice and
1:17:04
an opportunity to be heard, and
1:17:06
because it punishes the entire firm
1:17:08
for the purported misconduct of a
1:17:11
handful of lawyers who are not
1:17:13
employees of the firm, it is
1:17:15
an unconstitutional violation of procedural due
1:17:18
process and of the substantive due
1:17:20
process right to practice one's professional
1:17:22
livelihood. Because the order singles out
1:17:25
Prickens Kui, it denies the firm
1:17:27
the equal protection of the laws
1:17:29
guaranteed by the due process clause
1:17:32
of the Fifth Amendment. Because the
1:17:34
order punishes the firm for the
1:17:36
clients with which it has been
1:17:39
associated and the legal positions it
1:17:41
has taken on matters of election
1:17:43
law, the order constitutes retaliatory viewpoint
1:17:46
discrimination and therefore violates the First
1:17:48
Amendment rights of free expression and
1:17:50
association and the right to petition
1:17:53
the government for redress. Because the
1:17:55
order compels disclosure of confidential information
1:17:57
revealing the firm's relationships with its
1:18:00
clients, it violates the First Amendment.
1:18:02
Because the order retaliates against Perkins-Kooey
1:18:04
for its diversity-related speech, it violates
1:18:07
the First Amendment. Because the order
1:18:09
is vague in prescribing what is
1:18:11
prohibited diversity equity and inclusion, it
1:18:14
violates the due process clause of
1:18:16
the Fifth Amendment. Because the order
1:18:18
works to brand Perkins Kui as
1:18:21
persona non grata and bar it
1:18:23
from federal buildings, deny it the
1:18:25
ability to communicate with federal employees,
1:18:28
and terminate the government contracts of
1:18:30
its clients, the order violates the
1:18:32
right to counsel afforded by the
1:18:35
Fifth and Sixth Amendments. End quote.
1:18:37
You'll see the repeated use in
1:18:39
that summary paragraph of a particular
1:18:42
verb. Retaliates, retaliates again and again.
1:18:44
And the record, by the way,
1:18:46
that these lawyers will be able
1:18:49
to rely on of Donald Trump
1:18:51
and his minions, including people who
1:18:53
are high up at the Justice
1:18:56
Department, lays the foundation for his
1:18:58
intent even before he took office
1:19:00
to retaliate against people and the
1:19:03
people who represented the people who
1:19:05
he disagrees with. Now, literally, as
1:19:07
I'm recording this on the afternoon
1:19:10
of Wednesday, March 12th, the temporary
1:19:12
restraining order, the TRO hearing, is
1:19:14
ongoing in a court, the courtroom
1:19:17
of Chief Judge Beryl Howell in
1:19:19
the DC District Court. So since
1:19:21
I'm recording this, I haven't been
1:19:24
able to watch the hearing, but
1:19:26
I just got the news, which
1:19:28
is not overly surprising, that Beryl
1:19:31
Howell, the judge, has in fact
1:19:33
granted the temporary restraining order, presumably
1:19:35
in part. because Perkins Kui and
1:19:38
its lawyers were able to demonstrate
1:19:40
that without a TRO, they would
1:19:42
suffer what we've talked about in
1:19:45
the podcast many times, something called
1:19:47
irreparable harm, irreparable injury. The complaint
1:19:49
actually details in paragraph after paragraph
1:19:51
after paragraph after paragraph, after paragraph,
1:19:54
and this will have to be
1:19:56
verified, but the allegations in the
1:19:58
complaint in all those paragraphs is
1:20:01
that particular clients who have particular
1:20:03
matters... with the lawyers of Perkins
1:20:05
Kui have either walked away or
1:20:08
have threatened to walk away. Substantial
1:20:10
portions of their business are at
1:20:12
risk. The complaint alleges something like
1:20:15
a quarter of their business. comes
1:20:17
from companies that have government contracts.
1:20:19
All of that business is threatened.
1:20:22
In fact, the lawyers for Perkins
1:20:24
Kui have claimed that this executive
1:20:26
order, if allowed to stay in
1:20:29
place and if enforced, would be
1:20:31
the death knell of the firm
1:20:33
as a whole. Now aside from
1:20:36
all the legal arguments that will
1:20:38
be brought to bear, and of
1:20:40
course the Trump administration will have
1:20:43
its arguments too, it will argue
1:20:45
national security, such as they can,
1:20:47
but... The final comment on the
1:20:50
case is, it doesn't appear that
1:20:52
the executive order will get a
1:20:54
warm hearing or a warm welcome
1:20:57
from members of the bench. And
1:20:59
that's because every single federal judge
1:21:01
comes from the ranks of professional
1:21:04
lawyers raised in the profession, from
1:21:06
law school to passage of the
1:21:08
bar, to admission to various bars
1:21:11
in the country, a tradition of
1:21:13
not only understanding the Constitution, but
1:21:15
also respecting and wanting to uphold
1:21:18
the principle that lawyers can represent
1:21:20
any client they wish and should
1:21:22
be able to do so unfettered
1:21:25
and that clients have the right
1:21:27
to counsel and they have the
1:21:29
right to their choice of counsel
1:21:32
in this executive order at first
1:21:34
blush I think to most judges
1:21:36
probably of either stripe probably across
1:21:39
the ideological spectrum as professionals as
1:21:41
officers of the court and members
1:21:43
of the court. They will find,
1:21:46
I believe, that it does violence
1:21:48
to that which professional members of
1:21:50
the bar hold dear. You write
1:21:53
to counsel, your choice of counsel,
1:21:55
the freedom to represent your clients
1:21:57
vigorously, and the mandate that we
1:22:00
not judge lawyers by their clients.
1:22:02
The decidedly non-left-wing editorial page of
1:22:04
the Wall Street Journal has found
1:22:07
itself opining on this issue, even
1:22:09
before the filing of this complaint.
1:22:11
The editorial page wrote recently, quote,
1:22:14
few wrote more often. or critically
1:22:16
than we did about fusion GPS
1:22:18
and the steel dossier. And in
1:22:21
real time, when it was unpopular
1:22:23
to do so, the Wall Street
1:22:25
Journal goes on to say, in
1:22:28
their view, Perkins Kui has shown
1:22:30
it's a partisan firm, and its
1:22:32
former partner Michael Sussman was charged
1:22:35
but acquitted of a crime related
1:22:37
to the phony Russia collusion scandal.
1:22:39
According to the Wall Street Journal,
1:22:41
again, its role in that episode
1:22:44
was shameful. But it goes on
1:22:46
to say. Mr. Trump's order is
1:22:48
now targeting the law firm for
1:22:51
representing clients Mr. Trump dislikes. He
1:22:53
is trying to defend a straight
1:22:55
Perkins Kui to intimidate elite law
1:22:58
firms from representing his opponents or
1:23:00
plaintiffs who challenge his policies. This
1:23:02
violates a bedrock principle of American
1:23:05
law, which is that even the
1:23:07
worst clients deserve representation. End quote.
1:23:09
And while people can differ on
1:23:12
the characterization of the individual lawyers,
1:23:14
and the law firm that's targeted,
1:23:16
I think there are very few
1:23:19
lawyers in the land who would
1:23:21
disagree with the principle that people
1:23:23
deserve representation and their choice of
1:23:26
representation. So as we've discussed on
1:23:28
the podcast before, a temporary restraining
1:23:30
order is not the end of
1:23:33
the story. The plaintiffs here, the
1:23:35
law firm here, seeks first a
1:23:37
preliminary, an impermanent injunction of the
1:23:40
implementation of the order, remains to
1:23:42
be seen. if they will prevail
1:23:44
on that. Stay tuned. Well, that's
1:23:47
it for this episode of Stay
1:23:49
tuned. Thanks again to my guests,
1:23:51
Dennis Ross, Karim Sajadpur, and Ahmed
1:23:54
Fuad Alcatib. rate and review the
1:23:56
show on Apple podcasts or wherever
1:23:58
you listen. Every positive review helps
1:24:01
new listeners find the show. Send
1:24:03
me your questions about news, politics,
1:24:05
and justice. Tweet them to me
1:24:08
at Preet Barara with the hashtag
1:24:10
ask Preet. You can also now
1:24:12
reach me on Blue Sky or
1:24:15
you can call and leave me
1:24:17
a message at 833-9-7-3-8. That's 833-9-9
1:24:19
Preet or you can send an
1:24:22
email to letters at cafe.com. Stay
1:24:24
tuned is presented by CAFE and
1:24:26
the Vox Media Podcast Network. The
1:24:29
executive producer is Tamara Separ, the
1:24:31
technical director is David Tadashore, the
1:24:33
deputy editor is Saline Roar, the
1:24:36
editorial producers are Noah Asoulai and
1:24:38
Jake Kaplan. The associate producer is
1:24:40
Claudia Hernandez, and the cafe team
1:24:43
is Matthew Billy, Nat Wiener, and
1:24:45
Leanna Greenway. Our music is by
1:24:47
Andrew Dost. I'm your host, Preet
1:24:50
Barara. As always, stay tuned. Sometimes
1:24:52
a single performance can define an
1:24:54
artist's legacy. Think about Hendrix's fiery
1:24:57
woodstock national anthem or Biance's homecoming
1:24:59
at Coachella. Coming up on Switched
1:25:01
On Pop, we're exploring artists who've
1:25:04
had recent transformative live shows. First
1:25:06
is Missy Elliott, who recently put
1:25:08
on her first world tour where
1:25:11
she taught everybody to get the
1:25:13
freak on. And then there's her
1:25:15
collaborator Timblein who recently evolved from
1:25:18
Beatmaker to orchestra conductor at the
1:25:20
Songwriter Hall of Fame. And then
1:25:22
Lady Gaga, whose chromatic ball featured
1:25:24
a theatrical museum of brutality revealing
1:25:27
the darker side of Gagga's mayhem.
1:25:29
Listen to these live moments on
1:25:31
Switched on Pop, wherever you get
1:25:34
podcast. brought to you by defender.
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