Tuesday, May 26, 2009

Ten Things To Know About Judge Sonia Sotomayor

From MoveOn.org -

1. Judge Sotomayor would bring more federal judicial experience to the bench than any Supreme Court justice in 100 years. Over her three-decade career, she has served in a wide variety of legal roles, including as a prosecutor, litigator, and judge.

2. Judge Sotomayor is a trailblazer. She was the first Latina to serve on the Court of Appeals for the Second Circuit and was the youngest member of the court when appointed to the District Court for the Southern District of New York. If confirmed, she will be the first Hispanic to sit on the U.S. Supreme Court.

3. While on the bench, Judge Sotomayor has consistently protected the rights of working Americans, ruling in favor of health benefits and fair wages for workers in several cases.

4. Judge Sotomayor has shown strong support for First Amendment rights, including in cases of religious expression and the rights to assembly and free speech.

5. Judge Sotomayor has a strong record on civil rights cases, ruling for plaintiffs who had been discriminated against based on disability, sex and race.

6. Judge Sotomayor embodies the American dream. Born to Puerto Rican parents, she grew up in a South Bronx housing project and was raised from age nine by a single mother, excelling in school and working her way to graduate summa cum laude from Princeton University and to become an editor of the Law Journal at Yale Law School.

7. In 1995, Judge Sotomayor "saved baseball" when she stopped the owners from illegally changing their bargaining agreement with the players, thereby ending the longest professional sports walk-out in history.

8. Judge Sotomayor ruled in favor of the environment in a case of protecting aquatic life in the vicinity of power plants in 2007, a decision that was overturned by the Roberts Supreme Court.

9. In 1992, Judge Sotomayor was confirmed by the Senate without opposition after being appointed to the bench by George H.W. Bush.

10. Judge Sotomayor is a widely respected legal figure, having been described as "...an outstanding colleague with a keen legal mind," "highly qualified for any position in which wisdom, intelligence, collegiality and good character would be assets," and "a role model of aspiration, discipline, commitment, intellectual prowess and integrity."

Former Interrogator Rebukes Cheney for Torture Speech

http://www.bravenewfoundation.org/

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Dick Cheney says that torturing detainees has saved American lives. That claim is patently false. Cheney's torture policy was directly responsible for the deaths of hundreds if not thousands of American servicemen and women.

Matthew Alexander was the senior military interrogator for the task force that tracked down Abu Musab al-Zarqawi, the leader of Al Qaeda in Iraq and, at the time, a higher priority target than Osama bin Laden. Mr. Alexander has personally conducted hundreds of interrogations and supervised over a thousand of them.

"Torture does not save lives. Torture costs us lives," Mr. Alexander said in an exclusive interview at Brave New Studios. "And the reason why is that our enemies use it, number one, as a recruiting tool...These same foreign fighters who came to Iraq to fight because of torture and abuse....literally cost us hundreds if not thousands of American lives."

Shadow Wars

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Conn Hallinan
May 26, 2009 - Foreign Policy In Focus

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Sudan: The two F-16s caught the trucks deep in the northern desert. Within minutes, the column of vehicles was a string of shattered wrecks burning fiercely in the January sun. Surveillance drones spotted a few vehicles that had survived the storm of bombs and cannon shells, and the fighter-bombers returned to finish the job.

Syria: Four Blackhawk helicopters skimmed across the Iraqi border, landing at a small farmhouse near the town of al-Sukkariyeh. Black-clad soldiers poured from the choppers, laying down a withering hail of automatic weapons fire. When the shooting stopped, eight Syrians lay dead on the ground. Four others, cuffed and blindfolded, were dragged to the helicopters, which vanished back into Iraq.

Pakistan: a group of villagers were sipping tea in a courtyard when the world exploded. The Hellfire missiles seemed to come out of nowhere, scattering pieces of their victims across the village and demolishing several houses. Between January 14, 2006 and April 8, 2009, 60 such attacks took place. They killed 14 wanted al-Qaeda members along with 687 civilians.

In each of the above incidents, no country took responsibility or claimed credit. There were no sharp exchanges of diplomatic notes before the attacks, just sudden death and mayhem.

War without Declaration

The F-16s were Israeli, their target an alleged shipment of arms headed for the Gaza Strip. The Blackhawk soldiers were likely from Task Force 88, an ultra-secret U.S. Special Forces group. The Pakistanis were victims of a Predator drone directed from an airbase in southern Nevada.

Each attack was an act of war and drew angry responses from the country whose sovereignty was violated. But since no one admitted carrying them out, the diplomatic protests had no place to go.

The "privatization" of war, with its use of armed mercenaries, has come under heavy scrutiny, especially since a 2007 incident in Baghdad in which guards from Blackwater USA (now Xe) went on a shooting spree, killing 17 Iraqis and wounding scores of others. But the "covertization" of war has remained largely in the shadows. The attackers in the Sudan, Syria, and Pakistan were not private contractors, but U.S. and Israeli soldiers.

Assassination Teams

In his book The War Within, The Washington Post's Bob Woodward disclosed that the U.S. military has developed "secret operational capabilities" to "locate, target, and kill key individuals in extremist groups."

In a recent interview during a Great Conversations event at the University of Minnesota, two-time Pulitzer Prize-winning investigative journalist Seymour Hersh revealed a U.S. military "executive assassination ring," part of the Joint Special Operations Command (JSOC). Hersh says that "Congress has no oversight" over the program.

According to a 2004 classified document, the United States has the right to attack "terrorists" in some 15 to 20 nations, including Pakistan, Syria, and Iran. The Israeli military has long used "targeted assassinations" to eliminate Tel Aviv's enemies. U.S. and NATO "assassination teams" have emerged in Iraq and Afghanistan, where, according to the UN, they have killed scores of people. Philip Alston of the UN Human Rights Council charges that secret "international intelligence services" allied with local militias are killing Afghan civilians and then hiding behind an "impenetrable" wall of bureaucracy.

When Alston protested the killing of two brothers in Kandahar, "not only was I unable to get any international military commander to provide their version of what took place, but I was unable to get any military commander to even admit that their soldiers were involved," he told the Financial Times.

In Iraq, such special operations forces have carried out a number of killings, including a raid that killed the son and a nephew of the governor of Salahuddin Province north of Baghdad. The Special Operations Forces (SOF) stormed the house at 3AM and shot the governor's 17-year-old son dead in his bed. When a cousin tried to enter the room, he was also gunned down.

Such "night raids" by SOFs have drawn widespread protests in Afghanistan. According to the Afghanistan Independent Human Rights Commission, night raids involve "abusive behavior and violent breaking and entry," and only serve to turn Afghans against the occupation.

Iraqi Prime Minster Nuri Kamal al-Maliki charged that a March 26 raid in Kut that killed two men violated the new security agreement between the U.S. and Iraq.

The Predator strikes have deeply angered most Pakistanis. Owais Ahmed Ghani, governor of the Northwest Frontier Province, calls the drone strikes "counterproductive," a sentiment that David Kilcullen, the top advisor to the U.S. military in Afghanistan, agreed with in recent congressional testimony. The U.S. government doesn't officially take credit for the attacks.

Budgets and Strategy

If Congress agrees to the Defense Department budget proposed by Pentagon chief Robert Gates, attacks by SOF and armed robots will likely increase. While most the media focused on the parts of the budget that step back from the big ticket weapons systems of the Cold War, the proposal actually resurrects a key Cold War priority of the 1960s.

"The similarities between Gates' proposals and the strategy adopted by the Kennedy administration are too great to ignore," notes Nation defense correspondent Michael Klare. These similarities include "a shift in focus toward unconventional conflict in the Third World."

Gates' budget would increase the number of SOFs by 2,800, build more drones like the Predator and its bigger, more lethal cousin, the Reaper, and enhance the rapid movement of troops and equipment. All of this is part of General David Petraeus's counterinsurgency doctrine.

The concept is hardly new. The units are different than they were 50 years ago - Navy SEALS and Delta Force have replaced Green Berets - but the philosophy is the same. And while the public face of counterinsurgency is winning "hearts and minds" by building schools and digging wells, its core is 3AM raids and Hellfire missiles.

The "decapitations" of insurgent leaders in Iraq, Afghanistan and Pakistan is little different - albeit at a lower level - than Operation Phoenix, which killed upwards of 40,000 "insurgent" leaders in South Vietnam during the war in Southeast Asia.

Hidden Wars

In the past, war was an extension of a nation's politics "too important," as World War I French Premier Georges Clemenceau commented, "to be left to the generals."

But increasingly, the control of war is slipping away from the civilians in whose name and interests it is supposedly waged. While the "privatization" of war has frustrated the process of congressional oversight, its "covertization" has hidden war behind a wall of silence or denial.

"Congress has been very passive in relation to its own authority with regard to warmaking," says Princeton international law scholar Richard Falk. "Congress hasn't been willing to insist that the government adhere to international law and the U.S. Constitution."

The SFOs may be hidden, but there are eight dead people in Syria, four of them reportedly children. There are at least 39 dead in northern Sudan, and more dead in Iraq and Afghanistan. The number of civilian dead in Pakistan runs into the hundreds.

The new defense budget goes a long ways toward retooling the U.S. military to become a quick reaction/intervention force with an emphasis on counterinsurgency and covert war. The question is: Where will the shadow warriors strike next?

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Conn Hallinan is a Foreign Policy In Focus columnist.

Bill Moyers: How Can We Expect an Industry That Profits from Disease and Sickness to Police Itself?

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The health care industry has spent $134 million on lobbying this year to keep its profits high and public health in the shadows.

Bill Moyers and Michael Winship
May 24, 2009 - AlterNet

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In 2003, a young Illinois state senator named Barack Obama told a local AFL-CIO meeting, "I am a proponent of a single-payer universal health care program."

Single payer. Universal. That's health coverage, like Medicare, but for everyone who wants it. Single payer eliminates insurance companies as pricey middlemen. The government pays care providers directly. It's a system that polls consistently have shown the American people favoring by as much as two-to-one.

There was only one thing standing in the way, Obama said six years ago: "All of you know we might not get there immediately because first we have to take back the White House, we have to take back the Senate and we have to take back the House."

Fast forward six years. President Obama has everything he said was needed – Democrats in control of the executive branch and both chambers of Congress. So what's happened to single payer?

A woman at his town hall meeting in New Mexico last week asked him exactly that. "If I were starting a system from scratch, then I think that the idea of moving towards a single-payer system could very well make sense," the President replied. "That's the kind of system that you have in most industrialized countries around the world.

"The only problem is that we're not starting from scratch. We have historically a tradition of employer-based health care. And although there are a lot of people who are not satisfied with their health care, the truth is, is that the vast majority of people currently get health care from their employers and you've got this system that's already in place. We don't want a huge disruption as we go into health care reform where suddenly we're trying to completely reinvent one-sixth of the economy."

So the banks were too big to fail and now, apparently, health care is too big to fix, at least the way a majority of people indicate they would like it to be fixed, with a single payer option. President Obama favors a public health plan competing with the medical cartel that he hopes will create a real market that would bring down costs. But single payer has vanished from his radar.

Nor is single payer getting much coverage in the mainstream media. Barely a mention was given to the hundreds of doctors, nurses and other health care professionals who came to Washington last week to protest the absence of official debate over single payer.

Is it the proverbial tree falling in the forest, making a noise that journalists can't or won't hear? Could the indifference of the press be because both the President of the United States and Congress have been avoiding single payer like, well, like the plague? As we see so often, government officials set the agenda by what they do and don't talk about.

Instead, President Obama is looking for consensus, seeking peace among all the parties involved. Except for single payer advocates. At that big White House powwow in Washington last week, the President asked representatives of the health care business to reason together with him. "What's brought us all together today is a recognition that we can't continue down the same dangerous road we've been traveling for so many years," he said, " that costs are out of control; and that reform is not a luxury that can be postponed, but a necessity that cannot wait."

They came, listened, made nice for the photo op and while they failed to participate in a hearty chorus of "Kumbaya," they did promise to cut health care costs voluntarily over the next ten years. The press ate it up – and Mr. Obama was a happy man.

Meanwhile, some of us looking on – those of us who've been around a long time – were scratching our heads. Hadn't we heard this before?

Way, way back in the 1970's Americans were riled up over the rising costs of health care. As a presidential candidate, Jimmy Carter started talking about the government clamping down. When he got to the White House, drug makers, insurance companies, hospitals and doctors – the very people who only a decade earlier had done everything they could to strangle Medicare in the cradle – seemed uncharacteristically humble and cooperative. "You don't have to make us cut costs," they promised. "We'll do it voluntarily."

So Uncle Sam backed down, and you guessed it. Pretty soon medical costs were soaring higher than ever.

By the early '90s, the public was once again hurting in the pocketbook. Feeling our pain, Bill and Hillary Clinton tried again, coming up with a plan only slightly more complicated than the schematics for an F-18 fighter jet.

This time the health industry acted more like Tony Soprano than Mother Teresa. It bludgeoned the Clinton reforms with one of the most expensive and deceitful public relations and advertising campaigns ever conceived – paid for, of course, from the industry's swollen profits.

As the drug and insurance companies, hospitals and doctors dumped the mangled carcass of reform into the Potomac, securely encased in concrete, once again they said don't worry; they would cut costs voluntarily.

If you believed that, we've got a toll-free bridge to the Mayo Clinic we'd like to sell you.

So anyone with any memory left could be excused for raising their eyebrows at the health care industry's latest promises. As if on cue, hardly had their pledge of volunteerism rung out across the land than Jay Gellert, chief executive of Health Net Inc. and chair of the lobbying group America's Health Insurance Plans, assured his pals not to worry abut the voluntary reductions. "We believe that we can do it without undermining the viability of companies," he said, "and in effect enhancing the payment to physicians and hospitals." In other words, their so-called voluntary "reforms" will in no way interfere with maximizing profits.

Also last week, John Lechleiter, the chief executive of drug giant Eli Lilly, blasted universal health care in a speech before the U.S. Chamber of Commerce: "I do not believe that policymakers have yet arrived at a full and complete diagnosis of what's wrong and what's right with U.S. health care," he declared. "And I am very concerned that some of the proposed policies—the treatments, to continue my metaphor—will have unintended side-effects that make our situation worse."

So why bother with the charm offensive on Pennsylvania Avenue? Could it be, as some critics suggest, a Trojan horse, getting the health industry a place at the table so they can leap up at the right moment and again knife to death any real reform?

Wheelers and dealers from the health sector aren't waiting for that moment. According to the non-partisan Center for Responsive Politics, they've spent more than $134 million on lobbying in the first quarter of 2009 alone. And some already are shelling out big bucks for a publicity blitz and ads attacking any health care reform that threatens to reduce the profits from sickness and disease.

The Washington Post's health care reform blog reported Tuesday that Blue Cross Blue Shield of North Carolina has hired an outside PR firm to put together a video campaign assaulting Obama's public plan. And this month alone, the group Conservatives for Patients' Rights is spending more than a million dollars for attack ads. They've hired a public relations firm called CRC – Creative Response Concepts. You remember them – the same high-minded folks who brought you the Swift Boat Veterans for Truth, the gang who savaged John Kerry's service record in Vietnam.

The ads feature the chairman of Conservatives for Patients' Rights, Rick Scott. Who's he? As a former deputy inspector general from the Department of Health and Human Services told The New York Times, "He hopes people don't Google his name."

Scott's not a doctor; he just acts like one on TV. He's an entrepreneur who took two hospitals in Texas and built them into the largest health care chain in the world, Columbia/HCA. In 1997, he was fired by the board of directors after Columbia/HCA was caught in a scheme that ripped off the Feds and state governments for hundreds of millions of dollars in bogus Medicare and Medicaid payments, the largest such fraud in history. The company had to cough up $1.7 billion dollars to get out of the mess.

Rick Scott got off, you should excuse the expression, scot-free. Better than, in fact. According to published reports, he waltzed away with a $10 million severance deal and $300 million worth of stock. So much for voluntarily lowering overhead.

With medical costs rising six percent per year, that's who's offering himself as a spokesman for the health care industry. Speaking up for single payer is Geri Jenkins, a president of the California Nurses Association and National Nurses Organizing Committee – a registered nurse with literal hands-on experience.

"We're there around the clock," she told our colleague Jessica Wang. "So we feel a real sense of obligation to advocate for the best interests of our patients and the public. Now, you can talk about policy but when you're staring at a human face it's a whole different story."

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Michael Winship co-wrote this article. Bill Moyers is managing editor and Michael Winship is senior writer of the weekly public affairs program Bill Moyers Journal, which airs Friday nights on PBS. Check The Moyers Blog at www.pbs.org/moyers.

Netanyahu: 'If Israel Doesn't Remove Iranian Threat, No One Will'

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Israel's Prime Minister Benjamin Netanyahu attends a session of the Knesset, the Israeli parliament, in Jerusalem May 25, 2009. Speaking of the US President and their recent meeting, Netanyahu added that he had reached understandings with Obama, among them that the most important goal for both countries is preventing Iran from attaining a nuclear military capability. Netanyahu told Likud members that Israel received a number of key pieces of defense aid from the Americans. (REUTERS/Ronen Zvulun)

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May 26, 2009 by Haaretz

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JERUSALEM - If Israel does not eliminate the Iranian threat, no one will, Prime Minister Benjamin Netanyahu said on Monday.

"Israel is not like other countries," Netanyahu told his Likud faction in a meeting which came one week after his meeting with President Barack Obama at the White House. "We are faced with security challenges that no other country faces, and our need to provide a response to these is critical, and we are answering the call."

"These are not regular times. The danger is hurtling toward us?The real danger in underestimating the threat," Netanyahu said, addressing the threat of a nuclear-armed Iran. "My job is first and foremost to ensure the future of the state of Israel ... the leadership's job is to eliminate the danger. Who will eliminate it? It is us or no one."

"Our relationship with the United States is of great importance," Netanyahu said. "Our situation today is different from our situation between 1996 and 1999. Our priorities must be inline with national security needs and we must unite in order to deflect the danger. The Defense Minister and I are working in coordination; he is not conducting an independent policy."

Netanyahu added that he reached understandings Obama, among them that the most important goal for both countries is preventing Iran from attaining a nuclear military capability. Netanyahu told Likud members that Israel received a number of key pieces of defense aid from the Americans.

Addressing the differing Israeli and American approaches to the issue of West Bank settlements, Netanyahu said the issue resembled a disagreement between good friends.

"The Defense Minister and I are working in coordination; he is not conducting an independent policy," he said. "During the elections I said that we are law-abiding and will deal with deal with the illegal outposts."

Israel's government and the American administration have expressed divergent views on how they perceive some of the most sensitive issues of the Middle East conflict.

The State Department said Sunday that the future status of Jerusalem would be determined through peace negotiations, despite Netanyahu's declaration last week that the capital would "never again be partitioned and divided."

"Jerusalem is a final status issue. Israel and the Palestinians have agreed to resolve its status during negotiations. We will support their efforts to reach agreements on all final status issues," a State Department spokesman said when asked to respond to Netanyahu's proclamation that Jerusalem would always remain under Israeli sovereignty.

At a state ceremony marking the annual Jerusalem Day on Thursday, Netanyahu said" "United Jerusalem is Israel's capital. Jerusalem was always ours and will always be ours. It will never again be partitioned and divided."

A U.S. Congressional delegation in Jerusalem said on Sunday that it was "skeptical" that Netanyahu's government would be able to move the peace process with the Palestinians ahead.

The five-person delegation from the sub-committee on the Middle East was headed by Congressman Gary Ackerman from New York, who is considered one of Israel's greatest friends on Capitol Hill. The delegation met with President Shimon Peres and other senior officials in Israel and in the Palestinian Authority.

The representatives had tough questions for the Israelis on construction in West Bank settlements and protested Israel's intention to continue building to accommodate "natural growth." They also expressed great concern over the siege on Gaza, noting that the civilian population was suffering greatly from a lack of food and medicine.

The prime minister said he had made the same declaration about the unity of Jerusalem during his recent visit to Washington, where he met with Obama over the peace process and Iran's nuclear program.

"Only under Israeli sovereignty will united Jerusalem ensure the freedom of religion and freedom of access for the three religions to the holy places," Netanyahu added.

Palestinian negotiator Saeb Erekat said later Thursday that Netanyahu's position on Jerusalem was a setback to the goal of a two-state solution, which is strongly supported by the Obama administration.

"Mr. Netanyahu, by saying that, he's saying the state of conflict will be eternal," Erekat said.

Netanyahu: 'If Israel Doesn't Remove Iranian Threat, No One Will'

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Israel's Prime Minister Benjamin Netanyahu attends a session of the Knesset, the Israeli parliament, in Jerusalem May 25, 2009. Speaking of the US President and their recent meeting, Netanyahu added that he had reached understandings with Obama, among them that the most important goal for both countries is preventing Iran from attaining a nuclear military capability. Netanyahu told Likud members that Israel received a number of key pieces of defense aid from the Americans. (REUTERS/Ronen Zvulun)

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May 26, 2009 by Haaretz

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JERUSALEM - If Israel does not eliminate the Iranian threat, no one will, Prime Minister Benjamin Netanyahu said on Monday.

"Israel is not like other countries," Netanyahu told his Likud faction in a meeting which came one week after his meeting with President Barack Obama at the White House. "We are faced with security challenges that no other country faces, and our need to provide a response to these is critical, and we are answering the call."

"These are not regular times. The danger is hurtling toward us?The real danger in underestimating the threat," Netanyahu said, addressing the threat of a nuclear-armed Iran. "My job is first and foremost to ensure the future of the state of Israel ... the leadership's job is to eliminate the danger. Who will eliminate it? It is us or no one."

"Our relationship with the United States is of great importance," Netanyahu said. "Our situation today is different from our situation between 1996 and 1999. Our priorities must be inline with national security needs and we must unite in order to deflect the danger. The Defense Minister and I are working in coordination; he is not conducting an independent policy."

Netanyahu added that he reached understandings Obama, among them that the most important goal for both countries is preventing Iran from attaining a nuclear military capability. Netanyahu told Likud members that Israel received a number of key pieces of defense aid from the Americans.

Addressing the differing Israeli and American approaches to the issue of West Bank settlements, Netanyahu said the issue resembled a disagreement between good friends.

"The Defense Minister and I are working in coordination; he is not conducting an independent policy," he said. "During the elections I said that we are law-abiding and will deal with deal with the illegal outposts."

Israel's government and the American administration have expressed divergent views on how they perceive some of the most sensitive issues of the Middle East conflict.

The State Department said Sunday that the future status of Jerusalem would be determined through peace negotiations, despite Netanyahu's declaration last week that the capital would "never again be partitioned and divided."

"Jerusalem is a final status issue. Israel and the Palestinians have agreed to resolve its status during negotiations. We will support their efforts to reach agreements on all final status issues," a State Department spokesman said when asked to respond to Netanyahu's proclamation that Jerusalem would always remain under Israeli sovereignty.

At a state ceremony marking the annual Jerusalem Day on Thursday, Netanyahu said" "United Jerusalem is Israel's capital. Jerusalem was always ours and will always be ours. It will never again be partitioned and divided."

A U.S. Congressional delegation in Jerusalem said on Sunday that it was "skeptical" that Netanyahu's government would be able to move the peace process with the Palestinians ahead.

The five-person delegation from the sub-committee on the Middle East was headed by Congressman Gary Ackerman from New York, who is considered one of Israel's greatest friends on Capitol Hill. The delegation met with President Shimon Peres and other senior officials in Israel and in the Palestinian Authority.

The representatives had tough questions for the Israelis on construction in West Bank settlements and protested Israel's intention to continue building to accommodate "natural growth." They also expressed great concern over the siege on Gaza, noting that the civilian population was suffering greatly from a lack of food and medicine.

The prime minister said he had made the same declaration about the unity of Jerusalem during his recent visit to Washington, where he met with Obama over the peace process and Iran's nuclear program.

"Only under Israeli sovereignty will united Jerusalem ensure the freedom of religion and freedom of access for the three religions to the holy places," Netanyahu added.

Palestinian negotiator Saeb Erekat said later Thursday that Netanyahu's position on Jerusalem was a setback to the goal of a two-state solution, which is strongly supported by the Obama administration.

"Mr. Netanyahu, by saying that, he's saying the state of conflict will be eternal," Erekat said.