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Sarajevo Haggadah

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Sarajevo haggadah

Antaea Darom

Israeli women's art

Action

Torah as music

Ben Heine

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ceramic bowl

Mohammad Said Kalash, "Offering Reconciliation" exhibit (photo: Ilan Amihai)

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Punch and Judy/Pinchas and Jamila

Avi Katz

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David Grossman

Ben Heine

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Eldrige Street shul

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Dove

Ben Heine

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Two birds

Hoda Jamal

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Israeli and Palestinian boys

from documentary, Promises

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Cat in the Hat

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Daylight through the Wall

Banksy: graffiti art on Separation Wall

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Maurice Sendak's Brundibar set

New Victory Theater (photo: Nan Melville/NYT)

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Daniel Barenboim, West-Eastern Divan Orchestra

Palestinian-Israeli musical ensemble (photo: Kerstin Joensson/AP)

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Great Day on Eldrige Street

N.Y.'s klezmer greats celebrate shul rededication (photo: Leo Sorel)

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Joint Appeal for Peace

(Avi Katz)

Joint Appeal for Peace

Ketubah, Ancona, Italy (1772)

(Jewish Theological Seminary library)

Ancona ketubah

Archive for April, 2011

Judge Benny Sagi to Israel’s Media and Women: ‘Shut Your Mouths’

Saturday, April 30th, 2011
israeli poster gagged from reporting rape

Israel gagged from discussing sexual violence (Rotem Cohen)

Thanks to Rotem Cohen for creating a collage of gagged mouths which dramatizes the impact of Judge Benny Sagi’s continuing gag against reporting the rape charge brought against Israeli journalist Yoav Even.  The judge in this case has sealed the media’s mouth, and sealed the ears and eyes of every Israeli who may not hear of this case and make judgments for him or herself about its importance for their lives. While Israeli lower courts tend to side with powerful defendants in protecting their prerogatives and privilege, higher courts tend to look on such gags more skeptically.   I hope and urge an Israeli journalist to appeal Sagi’s ruling.

Yesterday, I had a different version of this poster displayed here.  Someone whose face was depicted saw this post and noted that I’d named the rape suspect in this case and was frightened that even having her masked image displayed here might leave her open to prosecution.  Of course there are numerous reasons why her fear was overstated.

But the cold, hard truth is that this is how Israeli women feel about this subject.  They are frightened.  In this case it bleeds over from the issue of sexual violence to the issue of secrecy and state power.  Once again, this is the price every Israeli pays for living in a state in which security and secrecy are acceptable, even desirable modes of state behavior.

To be clear, I don’t mean to criticize the woman who objected.  I can’t possibly know what personal motivations went into her request.  Nor do I have the right to judge her.  I’m commenting on the overall climate of fear that some Israelis face in combatting the government’s invasion of their privacy and their prerogatives as citizens.

Assad, Butcher of Daraa

Friday, April 29th, 2011
daraa massacre

Massacre: handiwork of the Butcher of Daraa

Bashar Assad is living up the reputation enjoyed by his father, who killed 10,000 in 1981 in the city of Hama when the Muslim Brotherhood rose up in protest against him.  Now the heart of the protest has moved to another town, Daraa, where hundreds have been killed and injured.  An estimated 500 have been killed nationally by security forces since the unrest began, which earns the younger Assad the privilege of being a butcher in his own right.  Henceforth, he shall be called the Butcher of Daraa.

It is stirring to see thousands mass on the outskirts of the town attempting to break the iron siege imposed by security forces.  They presented olive branches to the army, according to the Times’ Anthony Shadid.  In return they received a fusilade of bullets and 12 died:

Residents and activists painted a wrenching portrait of the scene in Dara’a, a poor town in southern Syria near the Jordanian border where protests last month helped galvanize nationwide demonstrations.

The military had stormed the town on Monday, effectively occupying it, but the ensuing hardships — shortages of food, water and even baby formula, in addition to dozens of reported deaths — have become a rallying cry of the revolt, unleashing solidarity protests in other towns and neighboring countries.

Inside the town, residents said people were too afraid to go into the streets, or even to attend Friday Prayer. Instead, they shouted “God is great!” from within their homes, the chants growing louder as residents in building after building took up the cry.

As they did, residents said, soldiers fired into the air.

“We are living in complete isolation,” a resident said.

In the afternoon, residents said, hundreds tried to march to the town, either to break the siege or to bring food and medicine. As they approached, reportedly carrying olive branches and white sheets to signal their peacefulness, security forces opened fire.

“There was a lot of screaming,” Mr. Tarif said by telephone, citing the accounts of residents there. “It was a massacre. It was another bloody massacre.”

While I wish the protesters in Syria a speedy end to the carnage and suffering and the overthrow of the minority Alawite regime which has stifled them for 40 years or more, I wanted to talk about what might come after, if the Assad regime goes.  My guess is that it will be a regime somewhat like the transitional one now ruling Egypt.  A new government might include some members of the old order less tarnished by affilation with the Mukhabarat or cronyism of the Old Guard.  It might include some Islamists, since the Muslim Brotherhood has just officially thrown its support to the protest movement.  It might include political independents and reformers and leaders of the current revolt.  If the movement is to succeed it will have to be a moderate, pragmatic one.  Like Tahrir Square it will have to be based on reconcilation and not revenge.  All this remains to be seen.  Can a people sorely tested by butchers not rise up and slaughter their tormentors en masse?  For their sake, I hope cooler heads can prevail.

But where we really should look to the Egyptian model is in Syria’s relations with its neighbors, notably Israel and Lebanon.  My guess is that an independent government in Syria will pose very grave challenges for the current rejectionist Israeli government.  It will probably be a pragmatic political movement seeking to improve the nation’s domestic agenda and less concerned with projecting Syrian influence outside its borders.  Any new governing power will probably not want to make radical changes in policy, but I’m guessing that Hezbollah will be gravely disappointed by developments if the Old Order falls in Damascus.  Indeed, many observers have speculated that Hamas’ new flexbility which allowed an agreement on a unity government announced this week, was motivated by its Damascus-based leadership’s judgment that it may not find as warm a welcome in a new Syria.

I see Syria focussed more on matters at home and less outside.  I see the country less interested in making alliances with groups like Hezbollah and propping up its prerogatives inside Lebanon.  Possibly, the new Syria would actually find more in common with the Lebanese democracy movement than with its former Hezbollah allies.

A free Syria will be infinitely more adaptable than the old one.  Just see what the Egyptians accomplished in bringing together Hamas and Fatah in a new unity government.  This is what a new order can do.  It can break through old stereotypes, breathe new life into ideas and policies given up for lost.  This does not bode well for Israel, whose policies are just as sclerotic as those of all the old Arab tyrants whether they be Mubarak or Assad.  The new Syria might just run rings around the old Israel as the new Egypt has been doing.

Regarding Israel, Syria will still demand the return of the Golan as the price for peace.  So in that sense, little will change since Israel will not be prepared to return it barring major international or U.S. pressure to do so.  But what will change is that a new Syria will have enormous credibility and sympathy from the world.  When it puts forth its claims, the world will react much more supportively than it does when Bashar Assad tells the world he’s willing to negotiate peace with Israel.

In short, the world will side with the forces of democracy and freedom in the Arab world.  It will turn away from the forces of oppression and Occupation whether they’re in Tripoli or Tel Aviv.  Israelis will have to decide which side they are on, in the words of the old labor-hymn.  Will they try to adapt to the new order or will they resist and go down with the ship clinging steadfastly to their old prerogatives?

As for the rest of the world, they too will have to decide which side they are on.  So far, the UN Security Council has reacted timidly and shamefully due to Russian intransigence.  There will be no criticism coming from that body.  The EU and UN Human Rights Council have denounced the crackdown.  The U.S. is moving slowly and deliberately.  It has frozen the assets of key figures in the Assad junta.  But is that enough?  Not nearly.  More is called for.

It’s not surprising that a bunch of Russian oligarchs would attempt to preserve their friends in Damascus.  But soon enough they will have to decide whether to support the old order or the new.

All that being said, it’s possible that Assad and his cronies are willing to envelop the entire nation in a bloodbath and that the security forces will stand with them in this barbarism.  But one hopes that there will be a few key generals who might side with the reformers and begin a process of turning the old regime like a rusty old freighter away from its path of self-destruction.  God and the people willing.

Israeli Judge Extends Gag Order in Yoav Even Rape Case Despite Police Appeals for Dismissal

Thursday, April 28th, 2011
yoav even accused rapist

Yoav Even: too sexy for my shirt

Yoav Yitzhak reports (Hebrew) in News1 that despite a police appeal for dismissal of the gag order in the case of Yoav Even, Channel 2 TV news reporter accused of brutally raping a women at the end of February, the judge has extended it.  Noteworthy in his decision, which balances the need for “respecting the good name of the suspect” against the public’s right to know, is the omission of the interests of the victim.  Which of course leads one to the conclusion that she has none, at least in the eyes of the court and this judge.

The judge, Benny Sagi, also makes clear that he is troubled by the fact that the suspect may, somehow, not have understood clearly the wishes of the victim.  This somehow works to Even’s favor and creates a need, in the judge’s mind, to protect the suspect’s identity:

The central claim of this case is rape.  The damage likely to occur to the accused if such an accusation is published is of the gravest sort.  In noting the strength [i.e. "weakness," he just didn't want to use the political incorrect word] of the evidence to which I related in my decision to free the suspect, I do not think such damage is warranted.

yoav even accused rapist

Yoav Even: what is it about a man and his armored personnel carrier that is so damned sexy?

In other words, this judge has implied he is so troubled by the issues raised by the defense (that the victim was allegedly “sexually aggressive,” liked “rough sex,” and had two drinks offered by the accused) that he thinks the defendant might not be convicted.  For this reason, he continues to protect him.

And let it not be said that Sagi protects dashing journalists accused of rape alone.  He also, and again against the will of the police, offered a senior Israeli attorney, accused of embezzling massive sums from businessmen, a similar gag order.  In this case, the judge accepted the defense’s argument that publishing the lawyer’s name would break the very heart of his ailing 84 year-old mother.  Let it not be said that Israeli justice shows any deference to the rich and well-connected.

I continue to be deeply disturbed by the underlying sexism expressed in both the judge’s language above, and the clamoring of an almost universally male Israeli audience for maintenance of the gag.  I find it astonishing that the judge makes no reference whatsoever in his decision to the victim.  It’s as if she doesn’t exist.  If she doesn’t exist for the judge, imagine how much less so she might exist for the police, prosecutor who will have to bring the case to trial, or for the alleged rapist on the night of the attack.

Further, the judge appears to be judging, even before a decision on whether to try the case or not, what is the likelihood that Even can be convicted.  And this seems to be the sole criteria he uses to extend the gag and protect him.  Funny, now I thought judges were meant to hear all the evidence before determining guilt or innocence.  I think basically, Sagi is telegraphing to the prosecution that he thinks they have a losing case.  Would it be any wonder if the State drops the case?  Though let’s hope it will not.

I also note the judge has confirmed that Hadas Shtaif’s claim that the case has been dropped is wrong.  The judge made clear that the case is now with the prosecutor who will make the decision on whether to prosecute.

Alas, Even’s Facebook page is no more.  But an enterprising Rotter member appropriated these images from it before the account expired.  The caption for another image (not displayed here) of Even in cut offs drinking a brew with a tall comely blond wench by his side said:

At the birthday party for one of the finest blondes…

Photos do not convict anyone of a crime.  But clearly the man thinks highly of himself, his body, his magnetic charm, and his way with the ladies.

B’Tselem Demands IDF Cease Using Attack Dogs on Palestinian Day Laborers

Thursday, April 28th, 2011
idf k-9 dog attacks palestinian woman

IDF K-9 attacks Palestinian woman

Calling the IDF practice of siccing K-9 attack dogs on undocumented Palestinian workers (Hebrew) a “terror policy,” the Israeli NGO B’Tselem is appealing against its use to the army senior command.  It should be noted that the victims are not security suspects, but rather day laborers seeking to enter Israel to find work and who do not have the proper permits to do so (which are practically non-existent anyway).  According to B’Tselem:

The incidents took place in the area of a-Ramadin, southwest of Hebron. Most of those injured attempted to enter Israel to work, and one, to receive medical treatment. Two of them were arrested by soldiers and remain in custody. In some of the cases, the laborers told B’Tselem that the dogs did not respond to their handlers’ order to stop, and the handlers had to use an electric-shock device to calm the dogs.

…M [a Palestinian victim] also stated that, while fighting with the dog, a soldier filmed the incident on his cell phone. Soldiers then stunned the dog with an electric-shock device. The dog stopped the attack and his mouth was covered with a muzzle

In one case, the injured worker filed a complaint with the police and was arrested on suspicion of entering Israel illegally…Y, who is 22 and lives in a village next to a-Dhahiriya, was with a group of Palestinians trying to sneak into Israel. He told B’Tselem that…a dog jumped on him and bit him from behind and on his left hand. He managed to push the dog away and get into the waiting car, and they entered Israel. Later that day, he returned to the West Bank and went to the government hospital in Hebron, where the doctors found he had a torn tendon in one of his fingers. Three days later, when he went to the police station in Hebron to complain about the attack, he was detained on suspicion of entering Israel, disturbing a public official in the course of carrying out his duty, and fleeing…

…Furthermore, in the cases documented by B’Tselem, the soldiers apparently released the dogs at groups of Palestinian laborers attempting to cross the fence, and the dogs bit laborers who did not manage to flee…

Apparently, the IDF also shoots Palestinians for doing nothing more than trying to feed their families.  And then to cover up the crime they imprison them so the victim is out of reach of NGOs or journalists who might conceivably embarrass the army by exposing its egregious conduct:

On 25 April, K, a 45-year-old resident of al-Burej, Hebron District, tried to enter Israel illegally. During the attempt he apparently was wounded by gunfire and was bitten by a dog and was taken to Soroka Medical Center, in Beersheva. A few hours later, K was taken from the hospital and is now in the army’s prison at Ofer. Since he is incarcerated, B’Tselem presently [is] unable to obtain further details on the incident.

In its defense, the army claims the dogs only attack those attempting to damage the Wall and that they receive permission before unleashing the dogs.  This is disproven by the fact that dogs have attacked Palestinians even before they cross the Separation Wall while still inside Palestinian territory.  Also, it defies common sense that a Palestinian laborer seeking work in Israel would endanger his chances of crossing the barrier by damaging the Wall.

I’m reminded of the attitude of the beloved Prof. Amos Funkenstein, who passed away tragically some years ago, toward dogs.  Since he was a child of survivors, he always disliked canines and used the derisive term hund to describe them.  Do we not remember why Jews of that generation hated dogs?  Because the Nazis used them in precisely the same way the IDF is using them on Palestinians.  The only difference is that the Jews ended up gassed and the Palestinians ‘only’ end up maimed.  At least they have their lives.

Israel Prevents Return of Gazan to Gaza, Shabak Punishing a Collaborator Who Said ‘No?’

Wednesday, April 27th, 2011

Haaretz reports on the strange case of a mystery Gazan who the Shabak has prohibited from returning to his home there.  The man has a permit to visit Israel and normally travels back and forth from Gaza to Israel.  However, all of a sudden the secret police determined that it would endanger the man for him to return to Gaza.  They’re doing two things here: one, they’re substituting their own judgment about his safety for his own which is quite infantilizing; second, they’re implying that he’s an informer so he will definitely be killed if he returns.  So much for the kinder, gentler Shabak.

The fact that the man has brought a case to the Supreme Court demanding that he be allowed to return to Gaza is a clear repudiation of the stupidity of Shabak’s claim that he is in danger if he returns.

In discussing this case with George Hale, Maan’s English news editor, I’ve come up with what I think is a cogent theory about what’s happening here.  There have been many news reports that Shabak recruits Gazans applying for permits to enter Israel for medical care to be their collaborators once they return home.  My strong hunch is that this man, in order to gain the life-saving treatment required to save his life or the life of a loved one, agreed to collaborate.  But once the medical care was provided and the Shabak came calling for its pound of flesh he refused.

In order to maintain its deterrent, the Shabak has to make an example of this man.  It has to punish him for the effrontery of turning them down and breaking his half of the Faustian bargain.  So it refuses to allow him to return to his home in order that other recruits don’t turn around and do the same thing to them.  And the Supreme Court refuses to step on the toes of the Shabak because it believes the secret police should have free reign to recruit their spies and punish them if necessary in whatever way it wishes.

Another strange aspect to this case is that Israel, when it releases West Bank prisoners from detention often refuses to allow them to return there and instead dumps them in Gaza under the assumption that it is the terrorist dumping ground.  In this case, the detained individual seems to be the only Palestinian who wants to return to Gaza but can’t.

The man has been charged with no crime and isn’t even imprisoned.  For the life of me, I can’t understand under what basis can a country forcibly prevent someone who isn’t even a citizen or under arrest from returning to their own home?  It simply beggars belief.  And the fact that the Israeli Supreme Court approved this Shabak hocus pocus speaks very poorly for the Court’s upholding of democratic and human rights.  The ruling seems to imply that a non-citizen of Israel within its boundaries can be treated arbitrarily by the Shabak in almost any way it wishes.

Gisha, the human rights NGO representing the Gazan points out that the court decision was made under the British Mandate emergency laws now 60+ years old and not even originally established by the State.  In 2011, you’d think whatever emergency existed in 1946 would have long passed.  The point is that a state that is not fully democratic feels the need to rely on the same types of emergency laws which the Egyptian just overthrew and which the Syrians are attempting to overthrow.  What about Israel?  Isn’t it time?  Or does Israel feel the need to use the same types of laws beloved of dictators like Mubarak and Assad?

Israeli Crime Reporter Claims Police Dropped Even Rape Case

Wednesday, April 27th, 2011

UPDATE: I’ve just received a report from a well-informed Israeli source which directly contradicts the claims of Hadas Shtaif reported below.  The source says that the police investigation was completed yesterday and transferred to the prosecutor, who has not yet decided whether to prosecute or not.  Because the information in this report is much more specific than Shtaif’s, I find it more credible.

Also, Shtaif is a good police reporter because she has lots of friends/sources (mostly male) in the police force.  Some of them undoubtedly told her the victim’s story and case is a crock.  She dutifully reported this on her Facebook page.  All this means is that she’s a good stenographer for her police sources.  It doesn’t mean she has any sources in the prosecutor’s office or that she really knows what will happen to the case.

*     *

Israeli crime reporter, Hadas Shtaif, in her Facebook Wall, boasts almost with pleasure that her sources tell her that the Israeli police have dropped the rape case against Channel 2 reporter, Yoav Even.  My own Israeli sources tell me that Shtaif is a credible reporter, but methinks there’s something entirely too celebratory about this comment which embraces Even unconditionally.  Frankly, I find it a bit unsettling that a female police reporter should automatically side with the male suspect in a rape case.  But here’s her statement:

Pay attention. The furor over the Yoav Even case is much ado about nothing.  Even was investigated, came out of it smelling like a rose.  The investigation shows that a rape never happened.  The prosecutor determined there were no grounds for filing an indictment.  Case closed.  Remember, a police force which was bold enough to bring a charge of rape against a sitting President wouldn’t be frightened to bring an indictment against a reporter if there was anything to the case.  In this case the police were prohibited from bringing a charge because it would’ve meant doing an injustice to Even.  Believe me.

Frankly, I don’t.  And Shtaif misses some important points.  There was a huge furor within Israel over the Katsav rape case.  At several points, the police and prosecutor considered dropping the charges.  But because there was no gag and because the public could express its opinion about the case, pressure was exerted on the courts and police to go forward.  At another point the prosecution offered Katsav what feminist groups considered a sweetheart deal which would’ve considerably reduced the charges against him.  They offered him this despite all of the furor around the case from the public. It was only Katsav’s stubbornness and conviction that he could vindicate himself which led him to reject the offer and go to trial, where he lost.

In a case like Even’s, there is no public furor.  No one can weigh in in any substantive way.  Now, for true believers in Israel’s justice system they prefer it this way.  They are firmly convinced that justice is always done and that charges can and should be weighed out of the glare of public spotlight.  Me, I’m not as sanguine about the quality of Israeli justice especially when it involves national security or sexual violence against women.  Israeli justice is entirely susceptible to suggestion and subtle, even unconsicous pressures on behalf of the male establishment.  There is often a presumption in rape cases that the woman did something to provoke or invite the sexual encounter.  The judge in this case has said precisely that about the victim.  That’s precisely why there needs to be public input and public scrutiny or decisions such as these.

If Hadas Shtaif is correct I fear there has been a miscarriage of justice.  If Even has been exonerated I hope the victim will sue him in civil court to assess, if successful, at least a financial cost for Even’s alleged actions.  And let women who wish to dally with Even in future be aware of his history and be forewarned.  If he is innocent, he will live this down, his life will go on, he will earn every success coming to him, and he will not have paid a severe penalty.  If he is not, women in future are liable to suffer the fate of this victim.  At least there is now a record should this happen again.

If Shtaif is correct, I fear that one major reason that the police dropped the case is because in the victim’s testimony she says that very early in their encounter she consented to being kissed by Even.  From that point onward, she objected and resisted according to her testimony.  Admittedly, a sexual encounter in which there is any consent becomes harder to prosecute.  But if I am right and this is the reason the police have dropped the case, this means that no male-dominated police force or State prosecution will be willing to prosecute cases in which women have been raped in which there has been any form of consent.  This means that the only women who can succeed in having their cases accepted will be those who never consented at any point in their rape.

I find this to be a sad phenomenon if I am right.  It points further to the infantilizing of women, to turning them into objects which are not entitled to the varieties of responses to human situations which we all face.  Women should be able to say no at any point in a sexual encounter even if they began by saying yes.  Saying no should mean what it says no matter what preceded it.  If you say no and your partner ignores you and proceeds, he has committed rape and should be prosecuted for it, no matter what you may’ve said before you said no.

If Shtaif is right, I am sad.  Sad for Israeli justice, sad for the victim, sad for Israeli women.

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Hamas-Fatah to Form Unity Government, Israel Angered, U.S. Taken by Surprise

Wednesday, April 27th, 2011

Big news today.  Hamas, Fatah and the new Egyptian government have pulled off a masterful coup and negotiated in total secrecy an agreement that would reconcile the two previously warring factions in a unity government.  The plan is startling for a number of reasons.  First, because the Palestinians have been unable to agree on anything for the past five years.  Nor have they ever been able to keep much of a secret over anything that has divided them.  Second, because this new Egyptian government as able to accomplish in a few weeks what the Mubarak regime had failed at for several years.  Third, because the U.S. was caught completely flat-footed having no idea this was coming.  Fourth, because the unity government completely pulls the rug out from under the much ballyhooed Bibi-plan which was to be unfurled before a Joint Session of the U.S. Congress.

Today’s news promises to upend the apple-cart of Middle East consensus in a number of ways.  Until now, Bibi had been shrying that the Arab Revolution portended ruin for Israel in a radical new Middle East.  He forecast a Muslim Brotherhood-led government abrogating the Sinai treaty and generally retreating from peace with Israel.

He’d been sittin’ pretty after besting Pres. Obama over settlements and wangling a coveted invitation from the Republican Speaker of the House to showcase his new “peace plan” before a Joint Session of Congress. Bibi has now been left in the dust to sputter with rage and threaten the end of a peace process which only he and Obama found credible.  And he has only himself to blame.  He’s fulminating saying the PA must decide whether it’s for peace with Israel or peace with Hamas.  I guess it’s chosen, hasn’t it?  Peace with Israel was, thanks to Bibi’s filibustering, a bust.  So what was the PA’s only other choice?  If it wanted to present the world community with a united front come September the PA almost had no other choice but to reunite with Hamas.

Bibi also released this inexplicable statement:

“I think the very idea of the reconciliation…leads one to wonder whether Hamas will take control over Judea and Samaria, as it did over Gaza

Say what?  How will Hamas take over what he calls Judea and Samaria if Israel controls them?  Or is Bibi pretending there was ever a chance that his government would return the West Bank to the Fatah, so that it could then fall to Hamas?  Puh-leeze.  And as for that claim of Hamas taking over the West Bank, this is like the kid who cries wolf.  He does it one too many times and no one believes him when there really is a wolf at the door.  Remember the time he said Iran wanted to destroy not just Israel, but the entire Jewish people?

If Hamas and the PA can succeed in this venture, then they have a much more credible claim for a new state.  It remains to be seen whether two movements which hitherto have had nothing but disdain for each other can carry this through.  If they did it would be a major achievement and signal they are ready to create their new state.  But there definitely needs to be a new leadership especially on the Fatah side.  If Obama has any smarts he will pressure the Israelis hard to release Marwan Barghouti from prison.  He appears to be one of the only Palestinian political figures who could unite both factions.  Israel will naturally not wish to do anything to encourage such success and will resist releasing anyone who can further derail their do-nothing “peace policy.”

The Obama administration risks becoming even more irrelevant than it already is if it doesn’t do a 180° turn and radically rethink its approach to the Palestinians. Cozying up to Bibi as he’s done for the past few months will bring him nothing now.  The president seems to think there is no penalty for U.S. positions which insult the Palestinians.  How else to explain our veto of a Security Council resolution opposing settlements, a position we pretend to support?  Did we think we could get away with this and the Palestinians wouldn’t notice?  Now, it’s Barack’s turn to pay the piper.

Oh, sure we can withhold all that aid we give to Fatah to train their police and security personnel.  That’s what Rep. Gary Ackerman would do.  That will really take us far in our effort to influence the Palestinian side.  It would be like the kid who plays marbles and loses and then take them home in a fit of pique.

Finally, if the Palestinians do pull this off (by no means a given), then Abbas’ plan to raise the flag of a new Palestinian state at this fall’s General Assembly meeting begins to look more and more feasible. A reunited Palestinian cause makes an infinitely more credible argument before the international community.

Egypt too has surprised everyone.  Predictions by the Israelis and their neocon supporters in Washington were that the Brothers were standing by to take over the government along with their army allies.  Now we see the new government in only a few weeks accomplishing a task Mubarak didn’t achieve in years.  It makes you wonder what else democratic Arab governments might be able to accomplish which their autocratic predecessors couldn’t or wouldn’t tackle.  With this single success the new governments that resulted from the Arab Spring have established even more credibility than they already had.  It has given a shot of adrenalin to the movement for Arab freedom.

Much can happen to derail this efforts. I predict the Israelis will do all in their power to provoke mischief including assassinating Hamas leadership if given the opportunity. Plus Palestinians themselves could cause this to implode.

Obama, it seems to me has a fateful decision to make: is he on the train to Palestinian nationhood or is he staying on the road to nowhere with Bibi et al. Is he going to embrace the Arab push for freedom and liberty or is he going to make his bed with the Old Guard Mubaraks, Assads and Bibis. If it were me the decision would be easy. But then again I don’t have the set of conflicting interests he has.

These are fateful days, Mr. President. Which side are you on, tell me which side are you on.

Israeli Bloggers Linking to Tikun Olam Threatened With Criminal Offense

Tuesday, April 26th, 2011
the marker screenshot

The Marker article advocating criminalizing internet linking

Some in the Israeli media, legal and intelligence communities are trying to make Tikun Olam the blog that dare not speak its name inside Israel.

A bunch of nonsense has been published lately in Israeli media and blogs about the Yoav Even case and my breaking of the gag.  But an article that just came out in The Marker, Haaretz’s business publication, really takes the cake.  The reporters are shocked, I say shocked that when you insert Yoav Even’s name into a Google search the terms “rapist,” and “detained” display.  The odd thing is that I did precisely what the reporters did and I didn’t get any results even close to theirs.  No mentions at all of the word “rapist” or “detained.”  Just references to his work at Channel 2 and the like.

And if you insert the name of another media personality accused of rape five years ago, holy mother of God, similar terms come up.  I don’t know about you but it seems to me that these reporters need to do a reality check.  Since when does Google determine reality?  Last I checked, Google was a tool to aid users in obtaining information.  I’d never understood that Google was the ultimate arbiter of reality.

It reminds me of someone I recently heard bemoan the fact that in times past she could tell people who hadn’t heard of her to look her up in Google and she was so proud of the results that they would see.  But now, horror of horrors, people have said terrible things about her and her life is ruined, all because a Google search doesn’t bring up all the nice things she thinks the world should know about her.

Give me a break people.  Get a life.  If you must Google your name, why let it bother you if there is something published there that disturbs you?  Google is not God.  At least not yet.

The most chicken-shit thing of all about the article is that in referring to the role of this blog in breaking the gag they refuse to even name it as if poor old Tikun Olam has coodies.  I can marginally understand refusing to link to the blog (more of that shortly), but treating us as the blog that dare not speak its name??  Really?

But here’s what really irks me.  The reporters actually quoted an attorney, Chaim Ravia, who said that not only is it illegal for a journalist in Israel to break the gag, but it is a criminal act to LINK to any form of media anywhere in the world which breaks the gag.  Now, I’ve heard of wildly extravagant claims before.  Anyone who had to listen to Dick Cheney talk, for example.  The word draconian comes to mind.  But this goes far beyond the pale:

Links [by Israeli media, social networks, or bloggers] to foreign media, in my opinion, aid in the dissemination of the information forbidden by the gag, and likewise at the very least aid in the commission of a crime, if not actually being a crime.   Anyone who adds a link concerning information about the incident could, at the very least, be considered an accessory to violation of the gag order and, in my opinion, someone who indirectly violates the gag order.  If that individual does this knowing of the existence of the gag order then he has committed a criminal act [!]  People must be extremely careful in these situations.

There is a major fallacy in the lawyer’s account. As any Israeli journalist will tell you, you’re only bound by a gag if you or your publication receive the gag order. If you haven’t received it you’re not bound by it and can’t be prosecuted for violating it. Now, if a blogger does receive a gag order (and very few do), that would be a different story. But Ravia doesn’t even make this point.

But let all Israeli Google engineers breathe a sigh of relief.  The good solon relieves them of any responsibility for violating Israeli criminal laws because the algorithm is automated and not something they can control themselves.  Phew!

The next question asked of the attorney by the reporters is another doozy: is there anything that can be done to prevent the Google search engine from violating gag orders.  I kid you not.  These reporters are the journalistic equivalent of Big Brother.

To his credit, even a lawyer with very dumb ideas has a few drops of intelligence.  He responds that there is little one can do in such a case.  Baruch ha-Shem, finally someone within ounce of seychel.

Let me speak plainly: I am war with notions like this.  They are garbage.  I only wish I or someone could test this in Israel; could dare the police to arrest you for publishing a link to a foreign source like this blog.  Can you friggin’ imagine making the creation of a link a criminal offense?  Is this North Korea?  Iran?  And what does this philistine take us for?  Wards of the state who need to ask permission before we go to the bathroom?

In the age of the internet if you cannot link you cannot live.  I don’t mean this literally of course.  But I mean that the internet cannot live if we criminalize the act of creating a link. The link is the essence of free speech.  It should be sacred.

This is the dumbing of democracy, maybe it’s even the death of democracy.  Come let them take us away for linking to strivers for freedom outside our own countries.  Let them criminalize social networks.  Let them make us afraid to say our own names.

No link yet to the article.  But when I do link to it, do you think I might be arrested by the internet police??