commentary News

Do You Hold Dual Citizenship? You Can Serve in Congress–but not the Israeli Knesset!

A few days ago I posted an article entitled Zionists Form Group to Promote Kurdish Statehood, about the latest efforts underway to carve up the Middle East. In the course of researching that article I made a rather interesting discovery: that Israel has a law prohibiting holders of dual citizenship from serving in the Knesset, the Israeli parliament.

Needless to say, we need such a law here in the US, but of course anyone who suggests this gets accused of anti-Semitism.

A couple of years ago when talk show host Diane Rhem interjected a discussion about dual Israeli citizenship into an interview with Senator Bernie Sanders, Rhem was subjected to withering criticism. The ADL, among others, jumped into the fray, accusing Rhem of playing into “classic anti-Semitic charges of dual loyalty,” and the talk show host was forced to issue an apology.

And this kind of thing doesn’t just happen in America. When an official in South Africa proposed a law that would revoke South African citizenship under certain circumstances, one of them being if dual citizens were to serve in the armed forces of the other country, the reaction from South African Jews was about what you’d expect:

South African Jewish community leaders have expressed outrage at an African National Congress (ANC) official’s recent announcement of possible plans to ban dual citizenship.

While Obed Bapela, head of the ANC’s national executive committee’s subcommittee on international relations, has countered that the idea includes anybody with dual citizenship without discrimination, the South African Jewish Board of Deputies and South African Zionist Federation have issued a joint communication condemning the move as discriminatory towards Jews.

But dual citizens are banned from serving in the Israeli Knesset and no one seems to get too upset over it.

In my article of a few days ago, I mentioned a Knesset member by the name of Ksenia Svetlova, who is passionately advocating the formation of a Kurdish state. According to a Times of Israel article, Svetlova held dual Israeli-Russian citizenship until 2015, when she was elected to the Knesset, at which time she was forced to formally renounce her Russian citizenship.

“While Israelis may hold dual citizenship, a Basic Law passed in 1958 states that Knesset members cannot pledge allegiance as parliamentarians unless their foreign citizenship has been revoked under the laws of that country,” the article states.

Another Israeli politician, who was elected at the same time as Svetlova is Rachel Azaria, who was also forced to renounce her foreign citizenship–in the US! Again from the Times of Israel:

Azaria, a 38-year-old Jerusalem deputy mayor, renounced her American citizenship, which she had held by virtue of her mother having been born in the US.

It is astounding, is it not? Israel gets billions of dollars per year courtesy of US taxpayers–but anyone holding US citizenship is barred from serving in the Knesset! But we are not allowed to have a similar law here in the US banning Israeli citizens from serving in Congress!

And not only do we not have a similar in the US, but apparently Freedom of Information Act requests aimed at finding out which Congress members do in fact hold dual citizenship–are denied. The following is a 2015 article that was published at Counterpunch.

***

Dual Citizens in Congress?

By L. Michael Hager

Is dual citizenship in the U.S. Congress and administration creating potentially  serious conflicts of interest?

My Counterpunchpiece of November 12, 2014 described a failed effort to identify members of Congress who hold dual citizenship and to ascertain the second nationality of those members.  I mentioned the then outstanding Freedom of Information Act request that I filed with the Congressional Research Service (CRS) last October.

This week I received the information I sought, in the form of a telephone call from a legal officer of the Library of Congress.   After reminding me that Congress (and the CRS by its connection with Congress) is exempt from FOIA requests, he verbally confirmed my suspicion that CRS does not currently collect dual citizenship data.

That’s bad news for those of us who believe that citizens should know if their representatives in Congress (and senior government officials and judges, for that matter) owe allegiance to any other nation.  For example, when a Senator, a House Member or a high USG official speaks out, submits bills or determines policy on an issue of importance to a second country, shouldn’t constituents (and citizens at large) be able to judge whether there is or is not a conflict (or apparent) conflict of interest?

Without transparency on dual citizenship, Americans remain in the dark, free to speculate on which representatives may have divided loyalties.  Current entries on the Internet reveal a wide range of such speculation. The lack of transparency is dangerous, for it erodes trust in government, creating credibility doubts where there should be none and allowing some conflicts to continue undetected, without question or debate.

Thus the first requirement is transparency.  We need a government agency (presumably the CRS) or a non-governmental organization to disclose the names and non-U.S. national affiliations of Members of Congress and senior government officials and to track and report on this issue.

Secondly, we need more media attention to the subject of dual citizenship.  Senator Ted Cruz and Representative Michelle Bachman both received wide press coverage, when they renounced their Canadian and Swiss nationalities, respectively.

Stanley Fischer, who currently serves as vice chairman of the U.S. Federal Reserve, became an Israeli citizen in 2005 while retaining his American citizenship.  Prior to his appointment to the Fed in 2014, he served for eight years as governor of the Bank of Israel.  Although the New York Timesarticle of March 13, 2014 reporting on his then upcoming confirmation hearings, disclosed his dual nationality, it failed to ask the obvious question of why one appointed to such a senior policy position should not be required to renounce his Israeli citizenship.  Why has the mainstream media largely ignored the potential conflict of interest inherent in dual citizen Members of Congress and Executive Branch officers?

What about those members and government officials who fail even to disclose their second or more nationalities?  As mentioned in my previous article on this subject, U.S. officials and government officers with Jewish identity may acquire Israeli citizenship without much or any formality under the Israeli Law of Return.  Thus it is possible, if not probable, that some of such officials hold Israeli citizenship.

Beyond the threshold issue of transparency are equally important questions of whether a dual citizen elected to Congress or appointed to a senior USG position should be required to renounce his or her citizenship in the second nation.  Even if American law continues to allow the government service of dual citizens, should it not require such persons at least to recuse themselves from participating in decisions or policy debates that relate to their second nationality?

To address these question we need accurate information on who are the dual citizens in our government.  To obtain such data will require a vigorous campaign by interested citizens and NGOs, first to have elected Members disclose any non-U.S. citizenship they hold and second to have the CRS begin to track and report on the presence of dual citizens in Congress and in the higher levels of Government.

Conflicts of interest and apparent conflicts by public officials erode trust in government.  Allowing dual citizenship in Congress (and in the Executive and Judicial Branches) to flourish under cover of non-disclosure puts our democracy at risk.

It’s time to bring this issue  into open debate.

 L. Michael Hager is co-founder and former director general of the International Development Law Organization, Rome