(even the liberal Politifact has to recognize it as "mostly true".)
The Jerusalem Embassy Act "passed Congress by an overwhelming bipartisan
majority and was reaffirmed by a unanimous vote of the Senate only six
months ago."
— Donald Trump on Wednesday, December 6th, 2017 in remarks at the White
House
Is Donald Trump correct about the history of the Jerusalem Embassy Act?
By Louis Jacobson on Wednesday, December 6th, 2017 at 4:40 p.m.
On Dec. 6, 2017, President Donald Trump said the United States would be
officially recognizing Jerusalem as the capital of Israel.
President Donald Trump on Dec. 6 unveiled a new policy regarding
Israel’s capital city, stating that "it is time to officially recognize
Jerusalem as the capital of Israel."
In his remarks, Trump said he would be designating Jerusalem as the
officially recognized capital of Israel and "directing the State
Department to begin preparation to move the American embassy" from its
current location in Tel Aviv.
In his remarks, Trump noted that the Jerusalem Embassy Act of 1995 had
"passed Congress by an overwhelming bipartisan majority and was
reaffirmed by a unanimous vote of the Senate only six months ago."
The 1995 law Trump cited mandated that the embassy be moved from Tel
Aviv to Jerusalem by 1999. However, Palestinians also consider Jerusalem
to be their capital, and the city has long been considered one of the
stickiest points of contention for final-status negotiations between
Israelis and Palestinians. Most other nations that have diplomatic
relations with Israel have continued to locate their embassies in Tel Aviv.
For these reasons, past U.S. presidents from both parties have regularly
signed waivers to suspend the move, amid fears it would destabilize
peace talks.
So is Trump correct in describing the legislative history of the law? We
took a closer look.
President Donald Trump recognized Jerusalem as the capital of Israel on
Dec. 6, 2017. (Olivier Douliery/Abaca Press/TNS)
The Jerusalem Embassy Act "passed Congress by an overwhelming bipartisan
majority"
For this portion of his statement, Trump is on solid ground.
In the Senate, the bill passed on Oct. 24, 1995, by a 93-5 margin.
Later that day, the House followed suit, passing it by a 374-37 margin.
The law was "reaffirmed by a unanimous vote of the Senate only six
months ago."
This part requires more explanation.
The non-binding resolution from earlier this year involved
"commemorating the 50th anniversary of the reunification of Jerusalem"
during the Six Day War in 1967.
One of its provisions specifically referenced the 1995 law. A portion of
the 2017 resolution "reaffirms the Jerusalem Embassy Act of 1995 (Public
Law 104–45) as United States law, and calls upon the President and all
United States officials to abide by its provisions."
On June 5, 2017, the measure passed the Senate by a 90-0 margin.
Here’s the caveat: The same resolution that passed the Senate 90-0 also
included this provision: The Senate "reaffirms that it is the
longstanding, bipartisan policy of the United States government that the
permanent status of Jerusalem remains a matter to be decided between the
parties through final status negotiations towards a two-state solution."
Did Trump do or say anything contrary to that provision? There’s some
disagreement on that.
Trump in his remarks offered some language reaffirming the substance of
this provision.
Specifically, he said, "In making these announcements, I also want to
make one point very clear: This decision is not intended, in any way, to
reflect a departure from our strong commitment to facilitate a lasting
peace agreement. We want an agreement that is a great deal for the
Israelis and a great deal for the Palestinians. We are not taking a
position of any final status issues, including the specific boundaries
of the Israeli sovereignty in Jerusalem, or the resolution of contested
borders. Those questions are up to the parties involved."
To Michael Koplow, policy director of the Israel Policy Forum, this
"made clear that his decision doesn’t prejudice final status issues, so
it seems to still be consistent with the Senate resolution."
Others, however, contend that an embassy move may imperil future
Israeli-Palestinian negotiations over Jerusalem.
"Not only is this a reasonable caveat, it is a critical one," said Samer
S. Shehata, a professor and acting director of the Center for Middle
Eastern Studies at the University of Oklahoma. "If you've been following
the British, French and many of the other reactions to President Trump's
move, almost all note this critical point."
In their public remarks, both French President Emmanuel Macron and
British Prime Minister Theresa May made a point of reaffirming the need
for future final-status negotiations about Jerusalem, which suggests
that they are worried about the impact of Trump’s move in that context.
Macron, in a phone call to Trump before the announcement, "expressed his
concern with the possibility that the United States might unilaterally
recognize Jerusalem as capital of the state of Israel," the French
government said. "Mr. Macron reaffirmed that the status of Jerusalem
must be resolved through peace negotiations between Israelis and
Palestinians, and particularly those relating to the establishment of
two states, Israel and Palestine, living side by side in peace and
security with Jerusalem as their capital."
May said that she’s "intending to speak to President Trump about this
matter. The status of Jerusalem should be determined in a negotiated
settlement between the Israelis and the Palestinians. Jerusalem should
ultimately form a shared capital between the Israeli and Palestinian
states."
Our ruling
Trump said that the Jerusalem Embassy Act "passed Congress by an
overwhelming bipartisan majority and was reaffirmed by a unanimous vote
of the Senate only six months ago."
He’s right about both pieces of legislation and the margins by which
they passed. However, it’s worth noting that the 2017 Senate resolution
also reaffirmed that "the permanent status of Jerusalem remains a matter
to be decided between the parties through final status negotiations
towards a two-state solution" -- a position that Trump rhetorically
backed in his speech, but that some believe could be endangered by his
decision to recognize Jerusalem as Israel’s capital and move the embassy.
We rate the statement Mostly True.
Share The Facts
Donald Trump
President
The Jerusalem Embassy Act "passed Congress by an overwhelming bipartisan
majority and was reaffirmed by a unanimous vote of the Senate only six
months ago."
White House – Wednesday, December 6, 2017
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http://www.politifact.com/truth-o-meter/statements/2017/dec/06/donald-trump/donald-trump-correct-about-history-jerusalem-embas/