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Posts Tagged ‘israeli journalist gag’

Kam-Blau Case: Shin Bet Pimping for IDF General?

Thursday, April 8th, 2010

Was Gen. Yair Naveh in need of career proteksia?

Throughout the coverage I’ve written and read about the Anat Kam affair, I’ve heard a number of sources say they understood that the entire investigation was much bigger than just Anat Kam; that it involved, and was designed to protect, someone important.  I never heard anything more specific than that, but the notion was very provocative.

One of the first Israelis to blog about this case just wrote me tonight with some fascinating ideas about it.  Some of this is a little inside Israeli baseball, so I hope you’ll forgive me in advance for that.  My source spent some time thinking about the investigation’s original code name, “Double-Take” (Akifa K’fula in Hebrew):

[Israeli] police officers enjoy word-play [involving] initials of suspects.  Aqifah K‘fulah can be a poor play on the initials of Anat Kam (using the Kaf instead of the Quf, but note that akifah begins with her initials, pointing to the fact that someone [in the police] was looking for this connection).

One final issue is the term aqifah.  Undermining the authority of your superiors in the army is usually referred to as aqifat samchut (especially in reference to someone who goes to someone higher[[ranked] than their immediate supervisor). Which in a way, is what Kam did – taking her concerns to the press instead of her immediate officer, Gen. Yair Naveh. You have coined this story as the Kam-Blau affair, and I saw that Tal Yaron started referring to it as the Kam-Naveh affair. The name of the operation might point that the security authorities were also more concerned with Naveh’s fate and future rather than Blau’s.

Even if my source is wrong in his last speculation, which I think he may not be, I think he’s gotten to the underlying importance of this entire episode.  Anat Kam’s fate, while important to her and her family, is secondary.  While Uri Blau’s fate is more important, it isn’t even the most important issue.  The real issue that we mustn’t lose sight of is that Anat Kam’s boss, General Naveh, the IDF commander for the West Bank, approved targeted killings of Palestinians in contravention of a Supreme Court ruling.  Not only that, but he then lied about the nature of the killings in order to cover-up his original act.

If this were the army of any other democratic country, he’d be ripe for court martial.  Further, his memos show that even the chief of staff, Gen. Gaby Ashkenazi was in the loop.  In other words, Israel’s highest general was complicit in a grave breech of Israel’s rule of law.

We must turn the battleship that this case has become on a dime and get the world, as much as we can, to focus on the evil done by the powerful in this case and the ways in which they’ve tried to cover their tracks.

Someone might argue with this theory and say that if the IDF truly wanted to let the matter die, it would’ve dropped any proceeding against Kam or Blau and hoped the entire thing faded from public consciousness.  However, we know that Kam provided Blau with more documents than the two published in his original report.  Given that Kam worked for Naveh, we can only presume that she provided other damaging documents with his fingerprints, and initials, all over them.  If so, then gagging Kam and pursuing Blau might’ve seemed a reasonable strategy for Naveh and those protecting him.  That strategy has now blown up in their faces given that the gag order has become a laughingstock and will be removed in a few hours.

But the underlying questions are: will they throw the book at Anat Kam and turn her into another Jonathan Pollard?  How do we get Uri Blau home safe and sound and unprosecuted?  And how do we get the Israeli Supreme Court to do its job and hold the top brass accountable for the rotten behavior?

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Shin Bet to Announce End of Kam Gag Order

Wednesday, April 7th, 2010

Noam Sheizaf reports that finally, humbled by the disdain of the entire Israeli nation, the Shin Bet will announce tomorrow morning the end of the gag order on the Anat Kam-Uri Blau case.  This is a feeble attempt at damage control, as every major Israeli media outlet has heaped scorn and derision on the police, courts and intelligence services for their attempt to prevent the nation from knowing formally what almost every Israeli knows informally: that Anat Kam leaked top secret IDF memos which revealed senior commanders flagrantly disregarded a Supreme Court directive limiting targeted killing of Palestinians.  In fact, the top brass not only thumbed their nose at the Court, they lied about the assassination and claimed the victims resisted (meaning they got what they had coming to them), which they did not.

Everything about this case reeks to high heaven, except the good citizens who leaked the document (Kam) and her journalist-collaborator, Uri Blau, who published the expose in Haaretz in 2008.  It reeks even more because the Court has done nothing to force the issue and the IDF remains accountable to virtually no one on this and most other security issues.

We must keep the Israeli public’s eye on the fact that the wrongdoers here are neither Kam nor Blau, who remains in exile in London because the IDF and Shin Bet want a piece of him as well.  The wrongdoers are the ones with medals and epaulets.  To the extent that the police continue pursuing the whistleblowers, we will continue to make them pay a price for that by pointing out that such a pursuit is inimical to the values of a free, democratic society, which Israel likes to claim it is.

If and when Uri Blau returns to Israel he should be feted by any Israeli, even ones opposed to his views, as someone who embraced values of skepticism in the face of government power.  I doubt it will happen, but it should.

The next major milestone is the Kam trial scheduled to start on April 14th if she doesn’t work out a plea bargain with the prosecution first.

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IDF Military Censor: Kam Gag Gives Censorship a Bad Name

Wednesday, April 7th, 2010

Channel 10 TV: 'Gag order secured at the behest of Shin Bet chief'

Israeli media are beginning to place blame for the farce of the Anat Kam gag order squarely at the feet of Shin Bet chief Yuval Diskin.  You know how bad things have become for him when even the chief Israeli military censor parts company in order to maintain its good name.  Didi Remez features this report from Danny Spektor in Yediot Achronot in which the IDF officer responsible for military censorship distances herself from the gag order by saying any attempt to imply that her office had any involvement in the matter constitutes “incitement” against her office, which conducts itself according to the highest standards of an Israeli government agency.  That word “incitement” is strong stuff reserved for a situation when an Israeli really feels their ox has been gored politically.

This gag order is beginning to remind me of the poor Spanish bull so bloodied and full of knives inflicted by the various toreadors and matadors that you wonder how it can still stand up.  Will someone finally put the gag out of its misery?

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Anat Kamm: Grey Lady Awakens from Her Slumbers…Finally

Tuesday, April 6th, 2010

The N.Y. Times has finally awakened from its deep slumber on the Anat Kam story.  It only took them 22 days from when I published my first post! What’s most strange about this article is that it has no byline.  Through this case, and similar behavior from other media outlets, I’ve learned that a newspaper omits a byline when identifying a reporter would endanger or seriously complicate his professional life.  The Guardian’s Israeli correpondent Rory McCarthy wrote the Guaridan story on Anat Kam but there was no byline.  All of which means that either Ethan Bronner or Isabel Kershner wrote this byline-less story.

Frankly, I think this late in the game to omit a byline is chicken-shit.  Donald McIntyre of The Independent published a story using his byline.  Mya Guarnieri published in The National using her byline (she by the way is an Israeli citizen and even more endangered than the NY Times’ Israel-based reporters).

With this article, I’m happy to report I’ve hit the blogger equivalent of Nirvana: a link in the Times along with my blog’s name and my own name.  For this, ironically, I have Judy Miller to thank since this information in the Times report was copied from Judy Miller’s Daily Beast story.  Today, was the biggest day of traffic for my blog in its history, over 6,000 unique visitors, over three times normal.

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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Cozy Relationship Between Israeli Judiciary, Military Facilitates Gag Orders, Other Free Speech Violations

Monday, April 5th, 2010
Israeli gag order

Israeli gag order

Yediot republishes Judy Miller's 'Israeli Censorship Scandal' story with black-outs

There is much that is instructive in the Anat Kam case about the deficiencies in Israeli democracy.  I’ve discussed many of them in earlier posts.  Tonight, I want to talk about the overly cozy relationship between the judiciary and the military-intelligence apparatus.  Let’s say you’re the Shin Bet or the Attorney General and you’ve got a case like the one we’re talking about.  You want a gag order.  Complicated?  Hardly.  In fact, about as easy as getting a warrantless NSA wiretap during the Bush administration.

Let’s take the Kam matter as a case in point.  The prosecution couldn’t have found a more willing judicial accomplice than the rather rotund Judge Einat Ron whose online bio describes her legal experience.  She served in the military prosecutor’s office in varied capacities beginning as a prosecuting attorney and concluding as a military judge.  She was named as a judge to the Petah Tikvah court in 2007.  Before this she had NO experience in the civilian justice system.  How’s that for venue shopping?

An Israeli journalist friend informs me that Yediot Achronot has republished Judy Miller’s story (h/t to Didi Remez for the pdf) in The Daily Beast about this case.  However, it has blacked out about half the original piece because it might violate the gag order (they thankfully didn’t excise my name or my blog’s name, but almost all my interview quote was blacked out, which is a bit excessive since I didn’t mention Kam in the passage Miller quoted in her original article).  I’ve been reading Israeli newspapers and I can’t recall a time when such a thing happened.  But this case has made for numerous unfortunate “firsts” in the annals of suppression of Israeli free speech.  My Israeli readers who are more experienced in reading their papers, can tell me if they recall things differently.

Einat Ron, judge who granted Kam gag order

Usually, the military censor (which is slightly different than a gag order) works much more subtly.  Newspapers don’t reveal their negotiations or dealings with the censor.  So you don’t know what material was in a story originally.  You don’t know which stories are axed by the censor.  You don’t know if a story was approved by the censor.  But in a situation like this Yediot wants their readers to know in the most public way possible that they are subject to such censorship.  But let’s not begin singing hosannahs yet to Israel’s free press.  When Yediot publishes such a story without blackouts, then we can celebrate.  Even better, when it sends its reporters out to investigate and break the story itself, then we can really celebrate.  Until then, we can only commiserate (if you’re sympathetic) or rail against the media’s collaboration with the authorities in maintaining this oppressive regime.

Ben Gurion University professor Zvi Solow just sent me this interesting e-mail, which he wishes me to emphasize consists of his personal opinion.  It also taught me a wonderful Hebrew word I hadn’t heard:

The IDF censor is now on the radio trying to defend herself attacking the press as “irresponsible” and anyway she’s is only “trying to preserve the security of Israel”. The majority opinion here is that the whole thing is shlemieliut [from the Yiddish shlemiel, or a person who is prone to very bad luck] on the part of the security agencies. Uzi Benziman, a very senior journalist here simply suggested on Galei Zahal that…the gag was imposed in order to defend certain unnamed officials who screwed up. The Yediot story is – I haven’t seen it yet – apparently full of blackouts, but these are the last efforts to stem the flood. The headlines on the radio quote Dorner as condemning strongly the gags. This is going to be one juicy scandal here – for the good of our threatened democracy.

From his mouth to God’s ears (an old Yiddish saying).

In an earlier post, I credited brave Israeli bloggers who’ve broken the code of silence about this case.  I neglected Freedom of Search, from whom the above gag order graphic is borrowed.

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Anat Kamm: the Story That Dare Not Speak Her Name

Sunday, April 4th, 2010
anat kam

Anat Kam in more carefree days

If you’re an Israeli editor or reporter, you know what thousands of other Israelis know.  That Anat Kam is under house arrest for allegedly leaking up to 1,000 top secret IDF documents to Haaretz reporter Uri Blau, who’s been writing some of the most hard-hitting exposes about army and defense ministry malfeasance over the past year or so.  You also know that Blau is in self-imposed exile in London aware that the police want him for questioning in the case and that Haaretz’s lawyers are negotiating for his return.

You know that there is a prosecution-requested gag order on the fact that she was arrested and the reason for her arrest, which makes her the most widely known “disappeared” person possibly in the world.  You know that Kam faces an espionage charge, and up to 14 years in prison.  You know that her lawyers are also negotiating a plea bargain and that she is hoping for no jail time or a reduced sentence.  You’d also know that Kam and her lawyer have lobbied hard and largely successfully for Hebrew blogs, Hebrew Wikipedia and other online sites to take down material about her arguing it will improve her chances of getting a less severe sentence.

That’s what you’d know.  And also what you can’t breathe a word of to your readers.  So what can you do?  You can write eloquent, oblique columns decrying military censorship, secret detentions, gag orders, the over-cozy relationship between the military, intelligence agencies and the judiciary.  You can even tell your readers there’s a really big story about which you can’t tell them.

It’s all very strange when you read such material.  It reminds you of a blind man feeling his way across the back of a camel and trying to guess what it is, all while you’re seeing it right before your own eyes.  You feel sorry for these poor souls who know many things but can’t convey them to the rest of their countrymen and women.  But after feeling sorry, you begin to feel angry that none of them takes the bull by the horns and does a Peter Finch, yelling “I’m mad as hell and I’m not going to take it anymore,” and then spilling the beans.

While it’s true that Israeli media outlets could face severe sanction for breaking a gag order–their reporters could lose their licenses, government lawyers could tie them up in court for years, they could lose access to government news sources–it seems to me that if Israel is a democracy and if there is a press worthy of the name that someone has to step up and defy the bastards.  So far, no one has (though some brave Israeli journalists like Mya Guarnieri have reported the story for foreign papers).

Not so Israeli bloggers though.  They have stepped up to the plate.  They are reporting this story.  They are naming names.  They are not intimidated.  Blogs like Nimby, Philosophical Outlook, and Human Communication have done what blogs should do when all others around them have lost their nerve or their balls–they told it like it is.  There may be other blogs I’m overlooking and I’d love to hear about them.  I also invite those interested in learning more about this to join the bi-lingual Facebook group, We Want the Truth About Anat Kam, where I’m learning much of this.

Since I began this blog in 2003 I’ve felt a strong need to link my work to Israelis (and Palestinians) including bloggers.  It is important to share important political developments and create a sense of community between us and I’ve tried to do that.  Bloggers unfortunately don’t like being organized or told what to do or what’s important.  So my efforts have been fitful.  Sometimes like at the J Street bloggers panel they work and other times not.

Given the language gap it’s also proven hard to share out respective work.  You can’t easily reprint the best work of Hebrew language blogs unless you can translate it and that takes time and energy.  And vice versa.  All of this meant that bloggers in Israel and bloggers outside Israel were more or less like ships passing in the night.

But this story has changed that.  Now in their hour of need many Israelis see the benefits of foreign media including blogs.  That’s the only way they currently can stay up to date on what their government doesn’t want them to know.  This blog has more visibility inside Israel than perhaps it has ever had before.  What I hope is that this will not change after the Kam story does.  We need each other.

In one of the more ironic developments in a case loaded with irony, it seems that Anat Kam wrote a 2009 story for Walla while she worked there, covering a conference on the use and abuse of military gag orders.  The money quote and most poignantly ironic passage is this one from a senior Israeli police officer participating on the panel who, after reminding the audience of the supposedly welcome fact that the police request only 60 such gag orders per year, says:

Clearly I prefer to conduct investigations in secret, but I’m aware of the limitations on the police in a democratic society.  Sometimes, we seek to prevent publicizing an investigation in order that law-breakers won’t benefit from exposure of the information.

If the results of the Kam case weren’t so troubling, I’d almost call this irony delicious.  As it is, it makes me feel outrage.

How’s this for another irony: Wikipedia, which exists to disseminate knowledge and information irregardless of the whims of government authority decided in the case of Anat Kam to remove its article from Hebrew Wikipedia at Kam’s request.  You’d think the editors would’ve understood that self-censorship by Wikipedia itself is a terribly problematic development.  The article remains down.

I read another Israeli on Facebook pose an interesting argument defending Kam’s act of leaking top secret military documents.  He said that she could argue that though she was breaking the law in doing so, her leak was designed to uncover a far worse crime, that of targeted killings committed by the highest echelons of the military in violation of the law as determined by the Supreme Court.  This argument might work better in a constitutional democracy in which Court rulings are viewed as legal precedent.  In Israel that isn’t so.  But I still think it’s an appealing argument.

Finally, Ran Cohen of Nimby e-mailed me today that there is one benefit, either intended or unintended, for the IDF and intelligence apparatus in this gag order: it focuses attention on the plight of a young women while diverting attention from where it should be–on the rampant, unaccountable, illegal acts of the IDF high command.  It allows us to lose sight of the fact that the Israeli Supreme Court, faced with Haaretz reports that the army’s most senior officers were giving the judiciary the middle finger regarding complying with its 2006 ruling on targeted assassinations–did nothing.  The IDF enjoys virtual impunity in Israeli society and the Court does little or nothing to prevent it.  Uri Blau’s story reveals that for some in Israel the rule of law is little more than an inconvenient theory honored in the breach, if at all.

Anat Kam’s is the tragedy of an individual, while the documents she leaked reveal the tragedy of an entire nation whose democracy has been eviscerated.

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Kamm Case: Sorry State of MSM, Critical Role of Blogs in Breaking Controversial Stories

Sunday, April 4th, 2010

In a discussion with Avner Cohen earlier today I learned that Facebook is hugely popular in Israel and that many Israelis are getting their knowledge of the Anat Kam from Facebook because they can’t find it in the Israeli MSM.  I confirmed this via my site stats which show that almost half my visitors are from Israel (normally the percentage is about 3-4%) and many are referred by Facebook.

I found a new Facebook page, We Want the Truth about Anat Kam.  Reading down the group’s Wall I discovered something fascinating.  Avner is right.  Facebook is Israel’s town square.  There are now tens (if not more) of Hebrew language posts about Anat Kam.  And until then, I had no idea.  In a day or so, there will likely be hundreds.  I did know initially about a few bloggers who’d written on this like Aryeh Amihai and Idan Landau, but they all took their posts down at Kam’s request.

In this case, as so many others these days, Israelis are not getting their news from the MSM.  The major papers and media outlets are disgracefully honoring the government’s gag order against publishing details of the story.  Even when the MSM publishes something about the story the report must tip-toe around the facts and essentially ignore them or speak about them in code.  Perhaps in the past some societies had more patience for this.  Nowadays, they don’t.  That’s what’s leaving the MSM in the dust.

Way back in the day when old line media was king, if a story didn’t break there it didn’t exist like the proverbial tree falling in the forest.  But something has changed.  Nowadays, for whatever reason, the MSM often doesn’t break big stories, especially not ones involving a potential cost to them like this one.  As I’ve written here, I first wrote about this on March 15th and could get no one in the MSM interested in it.  Almost two weeks later, JTA and the Independent broke the English-language publishing barrier.  But a blog got there first.

I predict the same thing will happen in Israel.  The Israeli MSM will honor the gag until blogs will embarrass them into publishing.  If they continue to refuse, it will threaten to render them even more irrelevant than they already are.  If virtually every citizen in Israel knows about this case via Facebook and the blogs before the MSM publishes, it will make the latter into a laughingstock.

I don’t want to overstate things.  The MSM still plays a major role in reporting many stories.  It even reports important ones.  The work of Uri Blau, for which he sits in London in self-imposed exile, is a case in point.  But there are times, and they will come more and more often, when the MSM can’t or won’t cover important stories like this one.  When they fail as they have here, it will be more and more clear to the average citizen that blogs play a critical role in social and political discourse.

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