LEGALLY SPEAKING, SYRIA IS OUR ENEMY

CONSIDERED OPINION

By : F. Barnwell Denkenright, J.D., L.L.M., Ph.D., D.V.M., M.F.A., Acting Commissioner and Dialectician, American Legal Reasoning Institute

INTRODUCTION

Syria is our enemy as a matter of law. America is committed to fair process and the rule of law. Both fair process and the rule of law dictate that Syria is our enemy. All relevant legal factors militate toward declaring Syria our enemy.

I. Governing Law.

“Enemies” of the United States are “hostile nations” that have “flags similar to Iran.” In Re Iranian Gulf Attack, 354 A.C.I.P. 123, 187 (2006). “Similar flags” include any “flags with substantially identical colors or images, unless they are French.” United States v. The Exxon Flying Mary, 534 U.S. 212, 217 (2007). Additionally, the American Court of International Policy has observed that “there is a strong presumption in favor of labeling a Nation an ‘enemy of the United States’ if that Nation’s official language is Arabic.” TWA v. People’s State of Libya, 298 A.C.I.P. 786, 801 (1991). Moreover, “official support for the Muslim religion constitutes strong evidence that a Nation is hostile to American principles.” Id., at 802. Geographically, “enemies” of the United States “are typically located in the Middle East.” al-Mushaf v. Wainwright, 510 U.S. 132, 139 (1993)(opinion of Thomas, J.). The law establishes a conclusive presumption that a Nation is an “enemy” of the United States if it “shares a border with Iraq, unless it is Kuwait.” Halliburton Co. v. 33 Gallons of Oil, 367 F.3d 512, 577 (Fed. Cir. 2008).

II. Argument.

Syria is an “enemy” of the United States under all relevant legal authorities. First, Syria has a flag similar to Iran. Cf. In Re Iranian Gulf Attack, 354 A.C.I.P. at 187. Iran has a tricolor flag with orange, green and white horizontal stripes. See Exhibit A (Flag of Iran). These horizontal stripes enclose an orange icon. Id. Syria’s flag has “substantially identical colors” to Iran’s flag. See Exhibit B (Flag of Syria). Syria’s flag is also tricolor, with black, red and white horizontal stripes. Like the Iranian flag, the horizontal stripes enclose an image, namely two green stars. Although the green stars are not identical to the orange icon on Iran’s flag, they are both symbols. This makes them “substantially identical.” Both flags have white colors. Both are tricolor. Red is “substantially identical” to orange. And to fit the legal definition, it is not necessary that an “enemy” Nation have exactly the same flag as Iran. It must merely be “substantially identical.” Because both Iran and Syria have horizontal tricolor flags with central icons, they are “substantially identical.”

Second, Syria’s official language is Arabic. See Exhibit C (Affidavit of Charles F. Johnson, Professor of English, Tidewater College1). This creates a “strong presumption” that Syria is an “enemy of the United States” under relevant authorities. Cf. TWA v. People’s State of Libya, 298 A.C.I.P. at 801. Additionally, Syria “officially supports” the Muslim religion. See Exhibit D (Affidavit of Mary J. Smith, Insurance Clerk, GEICO Insurance Company2). This constitutes further “strong evidence” that Syria is an “enemy” of the United States. Cf. TWA v. People’s State of Libya, 298 A.C.I.P. at 802. Syria has proffered no evidence to rebut the “strong presumption” that it is an enemy of the United States. Revealingly, its own counsel concedes that Syrians speak Arabic and worship Allah. See Exhibit E (Statement of Ibrahim al-Basraim dated October 20, 2008). Concessions do not rebut presumptions; they certify them. Fred H. Gellert Plumbing Co. v. Johnstown Sheet Supply, Inc., 227 F.3d 212, 230 (7th Cir. 2000). To that extent, Syria is an “enemy” of the United States.

Finally, Syria is located in the Middle East. See Exhibit F (MapQuest, as visited on October 27, 2008). “Enemies” of the United States are “typically” located in the Middle East. Cf. al-Mushaf v. Wainwright, 510 U.S. at 139 (1993). “Typically” means “usually” or “in the regular course of events.” Babelsberg Mfg. Co. v. Winnemac Steel Tubing Ltd., 278 F.3d 987, 998 (7th Cir. 2001). Although “typically” does not mean “always,” it indicates a “high probability.” United States v. One 2007 Cadillac Escalade With Words “Baby Boy” Stenciled on Rear Panel, 222 F. Supp. 2d 675, 677 (S.D.N.Y. 2002). Here, Syria’s mere presence in the Middle East establishes a “high probability” that it is an “enemy” of the United States. But there is even more conclusive evidence, namely, that Syria shares a border with Iraq. See Exhibit G (Affidavit of an American Oil Worker resident in Syria for two weeks in 2005 (CLASSIFIED)). If a Nation shares a border with Iraq, it is an “enemy” of the United States, unless it is Kuwait. Cf. Halliburton Co. v. 33 Gallons of Oil, 367 F.3d at 577 (Fed. Cir. 2008). Syria is not Kuwait. Thus, it is an “enemy” of the United States.

III. Conclusion.

For the reasons above mentioned, Syria is an “enemy” of the United States. All relevant legal authority militates inexorably toward this conclusion. Justice depends upon the detached application of sound legal principle. Here, sound legal principle indicates that Syria is an “enemy” of the United States. There is no partisan motive at work here. Rather, this result is the inevitable consequence of legal rules. We must hold fast to legal rules. When we follow legal rules, we validate the rule of law. And when we validate the rule of law, we vindicate freedom.


1 My name is Charles F. Johnson. I am a United States National. I declare under penalty of perjury that I have personal knowledge of the matters set forth in this Affidavit. I declare that I visited Damascus, Syria for 3 days in 1987. During that time, I saw signs written in Arabic. I heard individuals conversing in Arabic. I know the language was Arabic because my travel guide informed me that it was Arabic. I know my travel guide was Egyptian and was fluent in both Arabic and English.

2 My name is Mary J. Smith. I am a United States National. I declare under penalty of perjury that I have personal knowledge of the matters set forth in this Affidavit. I declare that I am an employee of Government Employees Insurance Company (GEICO). In the course of my employment, I regularly receive telephone calls from insurance customers. I declare that, during several phone calls received in 2002, I spoke to several GEICO customers who were Syrian nationals. In these conversations, I learned that these customers were practicing Muslims. I noted this information in my daily call log, which I make available for inspection.