Photo Credit: screen capture from State Dept. briefing video
The AP's Matt Lee at the State Dept press briefing on Aug. 13, 2013

For days the discussion throughout Israel and most of the pro-Israel world has been focused on the Jewish State’s decision to release more than 100 Arab Palestinian terrorists from prison, nearly all of whom are murderers who had been given life sentences.

Even those who approved of the release of more than 1000 Arab prisoners from jail in exchange for the freedom of Gilad Shalit several years ago had difficulty understanding this round of convicted murderer releases.

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Why would the Israeli government agree to release prisoners guilty of heinous murders in exchange for…the privilege of sitting down with the Palestinian Arab negotiators? Particularly when it is clear to everyone who has been watching this peace process parade for years that the talks will only be about what else Israel will have to give up.

Israel is not going to obtain any reliable guarantees that terrorism will cease or decrease. What is a more likely guarantee is that terrorism may well increase, with potential terrorists emboldened by the realization that no matter what crimes they commit, no matter how young or how old their Israeli victims, no matter if they use bomb belts or firebombs or axes or pitchforks to murder Israelis, they will eventually be released from prison.

Anyone who thought that it was worth it for Israel to take such a painful step because it will convince those countries/journalists/diplomats who are not simply inveterate Israel haters that Israel really is committed to peace, need only watch the videos of the State Department’s Daily briefings from the last two days to understand that it simply does not matter what Israel does, it will be vilified and treated as if it – the party making concessions – is the wrongful actor, and the Arab Palestinians are the ones who are forced to suffer the grievous harm inflicted on them by Israel’s actions.

For example, the state department briefing on Tuesday, August 13, started out with outrage from Associated Press reporter Matt Lee, who repeatedly sought to provoke Marie Harf, the state department spokesperson, into condemning Israel’s approval of housing construction in the eastern part of Jerusalem. And Matt Lee is one of the more even-handed of the White House press corps reporters.

To her credit, Harf repeatedly refused to be baited and would not take a specific position on the housing approvals, other than to say – repeatedly – that the U.S. government has “serious concerns” which they have “made known” to the Israeli government.

What seemed to particularly irk Lee and some of his colleagues is that while the U.S. keeps referring to the two parties being “at the table in good faith,” they saw Israel as being totally in the wrong for daring to build housing for its citizens in areas that many people and many countries – but not Israel – think is not rightfully theirs.

Here’s an example of what went on:

The Palestinians meanwhile don’t seem to have done anything except kind of sucked it up on this, and I’m just wondering if you view – is this evidence of Israel’s good faith – what you talked about yesterday when you said both sides were at the table in good faith?

and then, Lee said: “does it bother you that the Israelis are doing exactly the opposite of what you would like them to do?

Another topic that came up several times – and has been the topic of many news stories over the past several days – has been the secretary of state Kerry’s description of Israeli communities beyond the 1949 Armistice Line as “illegitimate.”

Harf  was pressed on this point several times, and was asked to find out from her boss whether it is the view of the U.S. government that only “continued settlement activity is illegitimate,” or is prior “settlement activity” also illegitimate?

Again, it was Lee who articulated this.  Here are his questions, with the single word interruptions by Harf deleted:

And I just want to make sure that my question is clear. I want to know if the U.S. regards any existing settlement –or housing construction in the West Bank — I mean, in East Jerusalem — to be illegitimate or if it’s –all in the future.

Of course, this is the “facts on the ground” argument against Jewish homes being built anywhere over the Green Line.  Watch this be the new buzz phrase adopted by people like Jodi Rudoren from the New York Times.  Somehow the idea that no Jews would ever be permitted to live in any potential Palestinian state is never one that troubles reporters.

Not nearly so trepidatious as the Americans, the European Union took little time in denouncing Israel for the housing construction approvals, describing Israel’s decision “to approve the building of nearly 1,200 new settlement apartments in occupied territories” to be “illegal under international law and threatens to make a two-state solution impossible.”

No word from the EU on the impact of continued terrorism, or whether the description by the Palestinian Authority of the Arab murderers who will be released from prison as “freedom fighters” is an obstacle to peace or might threaten the “two state” concept.

AP reporter Lee asked the state department spokesperson whether the U.S. has a position on the Arab Palestinians referring to the prisoners as “freedom fighters”:

most of these people have been convicted of murder, of killing people, and the Israelis are very clear on the fact that they think that these people are terrorists, even though they’re releasing them. The Palestinians say that they are political prisoners, and I – and they have instructed their ambassadors, all their representatives around the world, to refer to them as freedom fighters, political prisoners. And I want to know, if you don’t have a position —

About the only thing less pleasant than having to be state department spokesperson with people like Matt Lee in the press corps would be having root canal surgery if the dentist was using a buzzsaw.

The next round of talks between the negotiators for the Israelis and the negotiators for the Arab Palestinians is scheduled for Wednesday, August 14.

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Lori Lowenthal Marcus is a contributor to the JewishPress.com. A graduate of Harvard Law School, she previously practiced First Amendment law and taught in Philadelphia-area graduate and law schools. You can reach her by email: [email protected]