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Posts Tagged ‘censorship’

Anat Kamm Gag Order Published for First Time

Tuesday, April 6th, 2010
anat kam gag order

Original Anat Kam gag order dated Jan. 1, 2010

I just received the Anat Kam gag order from a confidential source for whom I have great appreciation considering that s/he risked a great deal to offer this to me.  But before I reveal it to you I wanted to convey a hilarious comment Zvi Solow just wrote:

I realise that no one will believe this, but the truth is that we are not getting closer to Iran. We’re getting very close to Chelm tho’.

I wish I believed him.  I don’t think Israel’s intelligence apparatus is as out of control as Iran’s, but to argue that this is democracy or anything remotely close is also laughable.  Israel is somewhere between Chelm and Iran.

Let’s Wizard of Oz-like, open the curtains on the characters without whom this farce  could  not have existed.  For the judiciary, we have the plump, august Judge Einat Ron of the Petah Tikvah court.  For the Israeli police, we have Sa’ar Shapira to thank.

I’ve written about Judge Ron and her professional background in the military justice system, which explains why she was a pushover.  Other Israelis will have to tell us more about Shapira so that we can thank this person for their Chelm-like efforts to make Israel a laughingstock among the democratic nations.

The gag application notes that the code name of the investigation is “Double-Take.”  Which is interesting and may unintentionally reveal that two people are its targets: Anat Kam and Uri Blau.  The document is dated January 1, 2010 and says the order is extended for an additional 90 days (which would’ve taken it to April 1st).  The document reveals that a previous gag order, which I don’t believe anyone has publicly report until now.  It was secured on October 8, 2009.

Further, here are the justifications mounted for the gag order (and keep in mind that this investigation was seeking to identity and punish Anat Kam and possibly Uri Blau for exposing the fact that the IDF killed Palestinians in contravention of a decision from Israel’s highest court):

Publication of any sort about this investigation or any detail concerning it is likely to damage state security, to damage and frustrate the gathering of evidence, and the ability to prove criminal acts.

I can understand why an Israeli general might want to argue that exposure of his illegal acts would be damaging to state security.  But I can’t understand why any court worthy of the name would allow such a travesty.

This passage from the gag order document is also chilling.  It seeks among other things:

…To prohibit publication about the investigation or that it even exists, and on the judicial discussion of the matter and legal decision rendered by the court which have been and will be conducted…

We seek that the gag prohibits publication even about this application for a gag order, its content, and even the existence of a gag order in this case; and any other publication likely to identify the respondent, witnesses, suspects or others engaged in the investigation, including publications of their images, addresses, or other identifying details.

This is the rhetorical banality of state security apparatuses the world over.  I’d expect verbiage of this sort from the Burmese junta or perhaps Kim Jong Il’s North Korea.  But Israel?

The applications for the order is approved by Judge Einat Ron in her own hand.  I will have more on this woman of perspicacious judicial temperament in my next post.  This is starting to remind me of a serial soap opera with the major difference being that the “actors” in this case, the generals and their judicial enablers have brutally taken the lives of others or covered up the taking.

Stay tuned…

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Where in the World is Anat Kamm?

Tuesday, April 6th, 2010

Where are you, Anat Kam? (photo: Itamar Broderson h/t Didi Remez)

Insert Lie Here: April Fool’s IDF Satire from Israel

Saturday, April 3rd, 2010

Just discovered an Israeli blog, NIMBY, devoted to barbed political satire of the kind I love.  Imagine Sadly, No! in Hebrew, but without the shtickThis April Fool’s post is devoted to the IDF’s chief spokesperson, a lad named Avi Bnayahu.  Apparently, on April 1st (!) of last year he left on holiday.  But in his absence he left this pre-printed press release suitable for any eventuality:

“The IDF didn’t use [whatever lie suits].  But rather “due to an operational error [whatever lie suits].”  And further “the Palestinian farmers were armed with [whatever lie suits].”  Bnihu added: “The IDF is the world’s most [whatever lie suits] army.”  Brig. Gen. Bnayahu further expressed regret and clarified that the 9 year-old boy looked much older than his age.

I also loved this short, succinct post, Censorship related to the Anat Kam affair:

There is a gag order on this post.

What makes this especially funny is that most of the posts linked were themselves censored, though by the author and not the authorities.

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Yediot Achronot: ‘Poor Pitiful Me, I Want to Tell You About Anat Kamm, But the Bad Censor Man Won’t Let Me’

Wednesday, March 31st, 2010

I’m growing very tired of the Israeli media’s whiny self-pity in writing about why they can’t write about the Anat Kam story.  Take a story in today’s Yediot Achronot:

For Foreigners Only

What Does the Shabak Want You Not to Know?

Foreign media outlets publish about an incident whose details you can also discover on the internet.  Only Israeli resident cannot know about them.

What citizens around the world are allowed to know is concealed from Israelis: foreign newspapers and media report an incident which cannot cannot be reported in Israel.

Among the foreign news outlets many of the details of the incident and information about the subjects of it are reported.  All these details one can find also on the internet if one searches under the keywords “Israeli journalist gag.”

As has been reported here in the past, Israeli courts easily accede to requests from the police and Shabak for gag orders.  The gag only impacts one party, the one which investigates.

In a situation like this one, Israeli media outlets have no opportunity to present in a timely way their position opposing the gag order and supporting publication.

If this is such a crappy system, why doesn’t the Israeli press and Knesset unite to amend laws and eliminate the stranglehold that military censorship has over the media?  Instead of complaining, why don’t they actually do something?

In many previous similar instances, an Israeli reporter has offered a story to a foreign news outlet.  Once reported abroad the Israeli publication can reprise the story.  The first part of equation has has already happened.  The Independent reported the Anat Kam story.  JTA also reported it.  As a result of that the Arabic service of the Israeli Broadcasting Authority broke the story in Israel.  A few hours ago, the independent Palestinian news agency, Maan, broke the story.

So under conventional terms, this story should be all over Israel–well it is, it’s just not in the newspapers or on the news.  Israeli friends tell me that newspapers value their licenses and don’t deliberately court big fines and legal entanglements spanning years in order to uphold freedom of the press.  Well, yes I can understand that.  But if you take that approach, then you can’t expect anyone outside Israel to praise Israeli’s so-called free press.  Because it isn’t really free.  It’s fully subservient to the military-intelligence apparatus.

And it’s not just the press, the courts too are generally acquiescent.  They don’t probe too closely when cases involve national security, or at least the claim of it from the military or intelligence side.

So my attitude is: if you don’t want to stand up for your journalistic principles that’s a decision you make; but don’t come bellyaching to me like in this Yediot piece.  Sorry, but I don’t have any sympathy for it.  If you really care, you know what to do.  If you don’t, you have no one to blame but yourselves.

Nor am I letting the foreign news outlets off the hook.  Why has a story this important languished in obscurity?  Yes, I understand why the N.Y. Times won’t report it because of their reluctance to be out front on any story this controversial.  But what about The Nation, Christian Science Monitor, the Times of London?  Why aren’t they panting after this story and giving it column inches?  I’m half tempted to call this entire incident, The Day the Media Slept.

I also wanted to touch on a slightly different subject.  The Israeli press is terribly insular.  You might argue that this is only natural.  But think about it: Haaretz & Ynetnews online English editions derive a major amount of their traffic from the Diaspora.  Yet they hardly cover the Diaspora and when they do they do it perfunctorily and often badly (Haaretz’s coverage of the U.S. is a case in point).  They hardly ever publish material from Diaspora writers.  I’ve had a grand total of one commentary published in Haaretz.  Subsequently, the editor told me it was highly unlikely anything further would be published.

In normal times, a news website can get away with such insularity.  But in times like these, when the Israeli press can’t do its job, then it has to rely on Diaspora sources like this blog.  That’s why Haaretz’s editor yesterday began following my Twitter feed.  I’m pleased with this.  But I’d like a lesson to be learned.  That is, we’re in this together.  There should be a dialogue between Israel and Diaspora in the media.  But there largely isn’t.  And it ain’t because people like me aren’t trying.

If this happened, it could only benefit both sides.  It would increase interest in the sites from the Diaspora and would introduce Israelis to voices and ideas from outside their comfort zone.  But it probably won’t happen because editors don’t have the vision to make it happen.

H/t to O.A., a journalist doing his part.

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Overseas Media Begins Reporting Kamm Case

Monday, March 29th, 2010

Before I get to the subject of this post I wanted to make a pitch for you to support this blog.  The Anat Kam case is the first time this blog has broken a major story concerning the Israeli-Palestinian conflict and I’m damn proud of it and all the readers and other sources who contributed to it.  You understand that Tikun Olam plays an important role in monitoring not only the Israeli media, but also serving as a watchdog over those who would trample over Israeli democracy and Palestinian rights.  You also know we play a role in advocating an assertive engagement by the U.S. government in the peacemaking process.  Imagine what it would be like if blogs like this one didn’t exist.

That’s why I want to ask you to support my work (or should I say OUR work?) with a financial contribution.  You can donate through Paypal or if you wish to avoid the 3% surcharge you can send a gift directly to me by contacting me, after which I’ll send you my mailing address.  And if I may be so bold, don’t make this a one-time thing.  If you can, send a gift regularly.

If you think this blog is important both to you and to the struggle for peace and justice in Israel-Palestine, please support it.  Of course, there are other things you can do to help as well.  If you make Amazon purchases and start your shopping through this site, your purchases will earn me a fee.  You can also help by introducing others to this site in order to increase my readership and my presence in the online community.  I’m proud to say that Alexa ranks this site as 138,000 (out of all blogs in the world), the largest readership it has ever had in the seven years of its existence.  Technorati ranks it 38th of all World Politics blogs.  We’re on a roll.  Let’s continue to make progress and make the world a better place.

*   *   *

The Israeli gag order in the Anat Kam is slowly being broken down by reporting from outside Israel.  After this blog broke the story, JTA followed suit.  Then the Arab service of the Israel Broadcasting Authority picked up on the JTA piece.  Today, Donald McIntyre, The Independent’s Israel correspondent wrote a report.  This is an especially important development, as he is the first Israel-based reporter to publish a story in an overseas publication.  It may embolden the Israeli press to finally break the gag.

Clarification: 'Due to a gag order we cannot tell you what we know. Due to laziness, apathy and blind faith in the defense establishment we know nothing at all.' (Maariv political satire)

Astonishingly so far, the gag seems to be holding despite the holes in the dike I’ve pointed out above.  On April 12th, there will be an appeal hearing brought by Haaretz and Channel 10 before the court which approved the original gag orders.  If we can get enough reporting published in other places before then, the court will have to lift the gag order.  Anat Kam’s trial is scheduled to begin on April 14th if she doesn’t cop a plea before then.

I am working with a publication similar to The Independent to publish a news story and possibly a commentary on the case in the coming days.  Perhaps with a few more cuts like these, this ogre will die a death by a thousand such journalistic paper cuts.

I wrote yesterday that Uri Blau, who allegedly wrote stories for Haaretz based on the top-secret IDF documents leaked to him by Anat Kam, was scheduled to return yesterday to Israel from a long trip/honeymoon to China that coincidentally began in December, the month Kam was secretly arrested.  A journalistic source tells me that Blau did not return to Israel and that he is in a western country I’d prefer not to name at this time.

After consulting another journalistic source, I feel strongly that there is no coincidence in Blau’s departure from Israel at the same time Kam was arrested.  Just as it is no accident that Blau has elected not to return to Israel.  Not only would Blau be liable to prosecution if he returns, I have a strong hunch that the negotiations between Kam’s attorneys and the attorney general may involve her getting no jail time in return for testifying against Blau.  I repeat that I do not know this for a fact and cannot document this.  If I am wrong, I will be delighted.  If I am not, I will feel sad to have two parties who collaborated in a righteous cause be driven to battling over who gets to go to prison for 10 or 20 years for their actions.

This case is extraordinarily important for many reasons, and it seems to me that neither the Israeli press nor the overseas press has paid proper attention to it.  Everyone no doubt has a reason and can defend or explain why they couldn’t do anything.  Which only adds to the shame.  The story is significant not just because it vividly confirms the disdain felt by the IDF toward the Israeli Supreme Court and the rule of law; and not just because it illuminates the absolute power the Israeli intelligence services have virtually to disappear citizens, and this in an alleged western-style democracy; but it is especially important because of the bitterly hostile political environment in Israel right now toward human rights and democratic values.  For those of you who remember personally or learned about the McCarthy era in school, Israel is closer to this dark age than any time in my lifetime.

I read on another blog that Israel today has the type of government, adhering to the type of policies that Dick Cheney would’ve imposed here if he could have.  Think of Dick Cheney ruling an incipient police state.  That’s what Israel resembles more and more.  No, it hasn’t quite come to that yet.  There are brave democratic forces fighting back like those in Sheikh Jarrah, like Naomi Chazan and the New Israel Fund.  There are journalists like Gideon Levy and others fighting the good fight.  But they are no match for the overweening force of the national security state.

My friend and ally Avner Cohen told me when this story was breaking that the case is larger than what was known at that time.  I didn’t know what he meant but now perhaps I have a better idea (though I still don’t know all and have no idea whether this was what Avner was referring to).  A source who spoke with someone well-placed, claims that Anat Kam didn’t take just the two documents that were displayed in the 2008 Haaretz report.  In fact, she may’ve taken as many as 1,000 documents.  If this is true, then it explains why the original story might’ve passed military censorship (a development I found astonishing considering that it allowed the Israeli public to view highly damaging top secret IDF documents in the public newspaper).  The censor might have negotiated with Haaretz to allow this report to be published in return for embargoing any other future stories related to the other documents.

This might also explain why the military is very eager to get Uri Blau.  It must make an example of an Israeli journalist who has violated the code of secrecy that envelops the IDF and its security operations like targeted assassination.  It must do so for the sake of any other future journalist who considers getting out of line as Blau did.

Finally, I want to concede that I am no Seymour Hersh.  I do not have well-placed sources in every corner of Israel nor do I have a staff who can vet every piece of information I learn for accuracy.  But I hear what I hear and know what I know.  Considering the shroud of secrecy both Anat Kam, the Shin Bet and IDF have dropped over this incident, I think we’re doing a pretty good job.  I know I haven’t gotten everything right.  But when the gag order is dropped and sources begin to speak more freely, I’d be willing to bet that you and I are doing to be damn proud of the reporting on this story.

In the meantime, let’s do what we can to slay the beast of opacity, secrecy and the national security state.

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Censorship of Shalit Deal Betrays Israeli Democracy

Monday, November 30th, 2009

In writing about this story, I find myself in a dilemma.  On the one hand, I am an advocate of free speech (though not an absolutist on this as some on the left are); on the other, I want a prisoner exchange to end the Shalit imprisonment.  Currently, the Israeli military censor has dictated that there be no release of the list of Palestinian prisoners to be released.  Such a release would allow the Israeli right to lobby against the entire deal by profiling the bloody hands of specific terrorists to be released.  The government wants no such public release until the cabinet signs an agreement approving the prisoner exchange.  This would have the effect of taking the wind out of the sails of the far-right anti-exchange forces.

Interestingly, there is a High Court ruling that governs the censor and in this case the government is clearly violating that 1989 decision:

Justice Aharon Barak wrote that the military censor is authorized to prevent publication of an item only in circumstances in which “there is near certainty of actual harm to security” and in which there is no “other alternative means to prevent the risk without avoiding damaging freedom of expression.”

In the same ruling, which subsequently served as the basis for an agreement on the subject of censorship between the security authorities and the media, Barak wrote that it is precisely because of the implications the decisions involving security have on the life of the nation that “it is appropriate to open the door to an open exchange of views on security matters” in which the press “will be free to serve as a forum for the exchange of views and criticism regarding essential issues for society in general and for the individual.

There is absolutely no basis on which even the most draconian adherent of national security might argue that release of the names would harm anyone except possibly Gilad Shalit, whose freedom would be postponed.  That makes the actual government argument in favor of censorship all the more ludicrous:

The state prosecutor wrote that unlike a prisoner release representing a diplomatic agreement or goodwill gesture, the current negotiations for Shalit are tantamount to “an ongoing terror attack” in which Israel is “bargaining” to reach a deal that would exact the lowest possible price.

…The state prosecutor wrote that ambiguity is essential to Israel’s very existence, and that without it, “it is impossible to hold effective negotiations and reach the goal of returning the abducted soldier to Israel.”

What he meant I think was not “ambiguity” but opacity.  For opacity is what the military censor wishes in this case.  And what is even more clear from this statement is that censorship is being used for a political, rather than national security purpose.  Of course it’s possible to hold effective negotiations to release Shalit without ambiguity or opacity.  Israel has done so before.  The difference now is that Israel has a hard right government for whom democratic values are peripheral considerations.

Though I’m 100% in favor of the exchange, I think the entire process of negotiating this exchange is important, including how it is approached within Israel itself.  If there is to be a debate why not have at it?  Let everyone know who will  be released.  Let the far right do their damndest to undermine the deal.  That will make the actual deal, which I have little doubt would go through anyway, all the more solid.

To negotiate a deal without such a full democratic debate undermines the validity of the enterprise itself and diminishes Shalit’s freedom when it is actually won.  To me, this abuse of military censorship is of a piece with the general decline in so-called Israeli democracy. And what is so strange about this case is that I’m on the same side as some of these far-right pro-settler militants who I so despise.  But of course, we are on the same side for completely different reasons which what is crucially important.  For them, they’d like to wreck a prisoner exchange because essentially they’d prefer to nuke Hamas and Gaza back to the Stone Age rather than negotiate with the Islamist movement.  For me, I see the prisoner exchange as a smallest chance of a fuller dialogue taking place at some later date between Hamas and Israel.

Shalit-Barghouti Deal Imminent?

Monday, November 23rd, 2009

One never knows what to say about the on again, off again negotiations to free Gilad Shalit and the seemingly unending media stories announcing an imminent deal.  So one approaches this subject with some trepidation.  But there are enough serious signals that haven’t been seen before that a deal is close, that it’s worthwhile considering what could happen and its possible impact on Israeli-Palestinian relations.  The outline of the proposal is that in return for releasing kidnapped IDF soldier, Gilad Shalit, Israel will release 450 Palestinian prisoners including the most prominent, Marwan Barghouti.

Marwan Barghoutis wife sits under his image (James Hill/NY Times)

Marwan Barghouti's wife sits under his image (James Hill/NY Times)

What is different now from previous rumors of a deal?  First of all (and you won’t see this mentioned in Ethan Bronner’s NY Times report because he never acknowledges such issues), the Israeli military censor has thrown up complete embargo over coverage of this issue.  The only thing Israeli media can do is speculate about the matter.  They can’t report on what any minister or intelligence officer or IDF commander might have to say.  This is unprecedented in Israeli history as Haaretz notes.  It can only mean that Israel realizes that any false note introduced into the mix could doom the negotiations.  Even more importantly, this right-wing government is extremely sensitive to criticism from its farther right flank of the idea of freeing Palestinian terrorists.   Blanket censorship is one way to dampen such criticism.  Bronner doesn’t want to deal with the implication of the Only Democracy in the Middle East™ using censorship in order to manipulate political debate as this would not reflect well on Israel’s “democracy.”

Ever since Shalit’s kidnapping speculation has been rampant that Marwan Barghouti would be included in the exchange.  He is the most respected Palestinian political leader (including Abbas and even Haniyeh) and a potential future leader of the PA.  In fact, this Haaretz article speculates that the Palestinian prisoner’s freedom might expedite the resignation of Mahmoud Abbas and his replacement by Barghouti.  In today’s Palestine, his role and stature is roughly akin to that of Nelson Mandela in apartheid era South Africa.

Now, apparently both sides are indicating this VIP (very important prisoner) is slated to be freed as well.  So it becomes important to speculate how this might change the Palestinian political landscape.  Given how depressing (for anyone seeking peace, which excludes the Netanyahu government) the current situation is, it’s important to note that even if Barghouti is released it doesn’t mean that this will single-handedly transform the situation for the better.

I’m afraid that the current Israeli government has proven itself adept at outwaiting and outsmarting a U.S. president and the PA.  So it’s doubtful that a PA headed by Barghouti (were this to happen) could work any immediate miracles.  But it is worthwhile speculating what might happen in the longer term.  The Netanyahu government, secure and stable as it now seems, won’t be so forever.  Indeed, if a strong PA leader comes on the scene, one that Israelis feel could be trusted to deliver on his promises and who could carry Hamas with him, then the electorate might feel more secure in electing a more forthcoming government.  It’s not outside the realm of possibility that a more pragmatic leader like Tzipi Livni could be elected within a year or so who might actually proceed to final status talks and negotiate a deal with the Palestinians.

Of course, there are many rivers to cross before we get to that point.  But I think in the long-term this release could produce positive results for peace.

One aspect of Bronner’s reporting also calls out for critique:

Many governments, including that of the United States, want to end the embargo to relieve the suffering of the 1.5 million people in Gaza, especially after Israel’s military invasion 11 months ago, which destroyed thousands of homes and factories. But Israel has said it will not end until Mr. Shalit’s release.

Therefore, if a deal is really imminent, it may also signal the possibility of some opening of the commercial crossings.

First, no government has been willing to engage in any serious effort to oppose the Gaze siege despite the fact that is a clear breach of international law.  So giving credit to nations for wanting the siege to end is an empty gift to them since they’re not willing to go to the mat to make it happen.  Second, the idea that Israel will feel empowered to diminish Gaza’s suffering because Hamas has freed Gilad Shalit is laughable.  Israel has SAID that it would do so and that the Shalit kidnapping is one of the developments that justifies continuing the siege.  But given Israel’s hatred of Hamas and its imperviousness to the notion of honoring verbal commitments, the likelihood of ending the siege or even lessening it is practically nil.

And to use one of Walter Mondale’s best campaign lines: Ethan Bronner won’t say that.  I just did.

YouTube Bans Blumenthal’s ‘Feeling the Hate’ Video

Friday, June 19th, 2009


What is YouTube afraid of? They’ve taken down Max Blumenthal‘s stunning video, Feeling the Hate in Jerusalem because it’s offended the sensibilities of some frightened Jews who believe it stirs anti-Semitism. Imagine that, showing the world that there are Jews who actually hold hateful, racist views of Arabs and their own African-American president might provoke anti-Semitism. And the best way to confront this hate is not to denounce it or combat it or even address it. The best approach is to kill the messenger and suppress the video. Of all the stupid things I’ve heard Jews do this is one of the stupider, and alas, more predictable ones.

Here’s how Max describes what’s happened to the video:

it is clear there is an active campaign by right-wing Jewish elements to suppress the video by filing a flood of complaints with Youtube. At the same time these elements have attempted to paint me as a self-hating Jew determined to foment anti-Semitism.

In a way, these timorous souls have given Max a gift. Instead of the hundreds of thousands who’ve seen it on Youtube before it was banned, now millions will see it thanks to the publicity they’ve inadvertently generated.

Jewish Voice for Peace, whose members discovered the video had been taken down by YouTube, has just begun a mass petition campaign to protest YouTube’s censorship. Tell YouTube that you’re not frightened of a little dose of truth; that you can handle hate by acknowledging it and fighting back against it. Tell YouTube that no matter how many timid Jews there are out there who are offended by this video, that it serves an important educational purpose. We want the video back!

If you’re able to do more call David Drummond, chief legal officer of Google at 650-253-0000 to complain about YouTube’s overreaction. E-mail YouTube’s press office to demand an explanation. Ask them to talk to Max about the video before banning it.

UPDATE: Other YouTube members have uploaded Max’s video via their own accounts and they are available for viewing. But Max’s original video is still banned. Our goal is for YouTube to unban Max’s account and his video. I presume that the other videos may be removed at any time.

Michael Levin made me aware of another YouTube controversy during the Gaza war in which the service banned a series of IDF videos of air strikes against Gaza targets. After the Israeli government and the hasbara crowd organized a campaign on behalf of the videos they were reinstated.

It would seem to me that if YouTube can reinstate videos portraying possible Israeli war crimes (targeting civilian targets) that the least they can do is reinstate a video which contains nothing more offensive than a few drunken American Jews spouting racist taunts.