Exclusive: Newly Formed Sovereignty Caucus on Capitol Hill Urges Review of Harold Koh’s Nomination for Legal Advisor

Not a member? Sign-up

Forgot your password?

SEARCH FSM

Ask Willa - Former CIA Operations Officer

IN THIS SECTION

View results

May 8, 2009

The Editors

Editor's note: The Sovereignty Caucus has recently formed within the U.S. House of Representatives. Concerned that American sovereignty is in danger of extinction, one of their first concerns is the nomination of Harold Koh as Legal Advisor to the Department of State. Below is their letter to U.S. senators about this grave situation:

Dear Senator:

The Sovereignty Caucus is extremely concerned that Harold Koh has been nominated to serve as the Legal Advisor to the Department of State. Mr. Koh's opinion regarding the scope and interpretation of international law represents a significant shift from the positions maintained by Legal Advisors who have served in prior administrations of both parties.

The Legal Advisor is the voice of the United States around the world on international legal issues, and is involved in the negotiation, drafting, and interpretation of treaties and UN Security Council resolutions. He will also represent the United States at international organizations and before the International Court of Justice.

Due to the highly visible and global nature of the Legal Advisor position, legislators on Capitol Hill are being urged to review the legal opinions held by Mr. Koh. His record reveals that whenever he has a choice of whether domestic or international law is superior, Mr. Koh sides with the latter.

He has stated, for instance, that the congressionally authorized 2003 invasion of Iraq "violate[d] international law" because the U.S. had not been granted "explicit United Nations authorization." It would be unacceptably restrictive for the U.S. to have to obtain UN approval before undertaking serious military actions. When given a choice between supporting the opinion of the International Court of Justice (ICJ) or supporting a valid conviction obtained under Texas law in the case Medellin vs. Texas, Mr. Koh sided with the decision of the foreign court. The Medellin case, which was eventually decided by the U.S. Supreme Court, involved the conviction of a Mexican national who had raped and murdered two girls. The ICJ ordered the U.S. to revisit the death penalty sentence simply because the defendant had not been notified of his technical right under a treaty to have the Mexican consulate notified of his arrest.

In addition, Mr. Koh believes that the U.S. should ratify several treaties that threaten American sovereignty, including:

The Rome Statute on the International Criminal Court (ICC), which is a threat to American servicemembers, government officials, and heads of state. U.S. participation in the ICC would make American citizens and soldiers susceptible to politically motivated prosecutions. The two previous Administrations have identified the ICC as a critically flawed institution whose problems have yet to be rectified. However Mr. Koh continues to remain a strong advocate of U.s. participation in the ICC.

The Rome Statute is being used as a vehicle for transnationalists to bring nations such as the U.S. and Israel before the ICC for what they believe are violations of human rights. For example, the ICC is considering whether the Palestinian National Authority has the right to bring forth a case which contends that Israeli troops committed war crimes in the recent Gaza conflict.

Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which is not in the U.S. interest. CEDAW creates a committee of unelected "gender experts," who interpret the treaty's provisions in such a way that the rights and status of women in the U.S. would be adversely impacted. Since its inception, the CEDAW committee advocated for the expansion of abortion rights. According to Human Rights Watch, the CEDAW committee has instructed 93 countries to liberalize their abortion laws. In June 1999, for instance, the CEDAW committee stated that it "is concerned that, with very limited exceptions, abortion remains illegal in Ireland" and that it "urge[d] the Government [of Ireland] to facilitate a national dialogue on women's reproductive rights, including on the restrictive abortion laws."

In a June 2002 article entitled, "Why America should Ratify the Women's Rights Treaty" Mr. Koh wrote that "America simply cannot be a world leader in guaranteeing progress for women's human rights ... unless it is also a party to the global women's treaty." As the Legal Advisor to the Department of State, Mr. Koh's transnationalist beliefs will threaten the right of Americans to set their own domestic policies.

The UN Convention on the Rights of the Child (CRC) is an international treaty which undermines the rights of parents to raise and protect their children as they see fit. The treaty would grant the power to its enforcement committee to intervene in the lives of American families to advance the committee's agenda regarding what are the "best interests" of the child. In a 2008 speech to the National Immigrant Justice Center, Mr. Koh stated that the U.S. must "endorse universal standards by ratifying such human rights treaties as ... the Convention on the Rights of the Child." Mr. Koh's confirmation will threaten American parental rights.

Mr. Koh also believes that the international community should assume a more prominent role in the global regulation of firearms. For instance, in his April 2002 lecture at the Fordham University School of Law, entitled "A World Drowning in Guns," Mr. Koh noted that one of his goals is to create a "global gun control regime."

The Legal Advisor must vigilantly protect and defend the rights of American citizens and the interests of American institutions from the increasing influence of international organizations. He should not take us in the opposite direction toward giving outsiders control over American policy. He must promote policies that preserve U.S. national security prerogatives, self-governance, and constitutional principles while defending American values from encroachment by transnational actors.

We ask that you fully consider Mr. Koh's views of the U.S. Constitution and the role that international law plays within our legal system before moving forward with his nomination for Legal Advisor. We strongly urge you not to support him for this critical position.

Respectfully,

Thaddeus McCotter, Co-Chair - Member of Congress

Doug Lamborn, Co-Chair - Member of Congress

Scott Garrett, Co-Chair - Member of Congress

Readers: What are your concerns regarding American sovereignty - the ability for Americans to determine America's future - and the Legal Advisor's role in keeping ours a fully sovereign nation? Contact your elected representatives and senators to let them know your thoughts on this timely topic that's important to ALL Americans.