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March 30, 2015 / 10 Nisan, 5775
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What If Gates Were An Unrenowned Jewish Black Woman?


Rivka was charged with “Obstruction of Governmental Administration in the Second Degree” and with “Unlawful Eviction.” The New York D.A.’s office refused to dismiss the charges even after all the facts were presented. The young prosecutor first demanded that Rivka plead guilty and perform community service and ultimately was willing to accept an unconditional “Adjournment in Contemplation of Dismissal.” Rivka refused to accept any terms other than outright dismissal because she insisted she had done nothing wrong.

The case went to a nonjury trial before a (white) judge who was a former prosecutor. He excluded much defense testimony as irrelevant and hearsay and rejected out of hand Rivka’s right to remain in her own bedroom after her discussion with the police. At the end of the trial, he found Rivka guilty on both counts and fined her $500. Rivka is appealing.

Would the police have broken the bedroom door of a white gentile and charged her with crimes after being called to a dispute between her and a roommate? Is this another instance – as the Gates arrest is said to be – of injustice against blacks, aggravated by Rivka’s Jewish identity?

Rivka is suing New York City, the policemen, and Brooke in federal court. The docket number of her case is 08 Civ. 10065. I am her lawyer.

About the Author: Nathan Lewin is a Washington lawyer who was president of the Greater Washington Jewish Community Relations Council between 1982 and 1984 and has argued many Jewish-interest cases before the Supreme Court and lower federal courts.


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Editor’s Note: On July 30, the firm of Lewin & Lewin, LLP, filed in the Supreme Court its brief in Zivotofsky v. Clinton, No. 10-699, on which the Supreme Court will hear oral argument in early November. The constitutional issue in the case is whether Congress had the authority to enact a law in 2002 that directs the Secretary of State to permit U.S. citizens born in Jerusalem to record their place of birth in their passports as “Israel.” Because the State Department has consistently refused to recognize any part of Jerusalem as being in Israel, the government has refused to implement the 2002 law, claiming it violates the President’s constitutional authority to “recognize foreign sovereigns.” This is the Introduction to the Zivotofsky brief written by Nathan Lewin, followed by a Summary of Argument.

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