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September 21, 2014 / 26 Elul, 5774
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Posts Tagged ‘court’

Nadler: Stop and Frisk Rightly Ruled Unconstitutional

Monday, August 12th, 2013

Congressman Jerrold Nadler (NY-10), Ranking Member of the House Judiciary Subcommittee on the Constitution and Civil Justice, released the following statement:

Today’s ruling by a federal judge that the New York Police Department’s stop and frisk policy violated the constitutional rights of New Yorkers is a step in the right direction. It’s unfortunate that it took a lawsuit and a federal court order to safeguard the fundamental, and constitutionally protected, right to be free from unwarranted police harassment. Racial profiling and other discriminatory policies have no place in our great city or our great country.

12 Plaintiffs Join $380 Million Sex-Abuse Suit against YU

Thursday, August 8th, 2013

Twelve former students joined a $380 million lawsuit against Yeshiva University for covering up sexual abuse at its high school.

The new plaintiffs’ names came out in court papers used in a hearing Tuesday in U.S. District Court in White Plains, N.Y., according to the New York Daily News, and bring to 31 the number of plaintiffs in the case.

Rabbi George Finkelstein and Macy Gordon, former staff members at Y.U.’s High School for Boys in Manhattan, as well as a youth volunteer, Richard Andron, have been accused of sexual abuse. Some of the cases allegedly took place as far back as the 1970s.

Finkelstein left the high school in 1995 and took a post at a Jewish school in Florida before moving to Israel. Gordon also lives in Israel and until recently was a teacher at the Orthodox Union’s Israel Center. Both men deny the charges. Andron has not issued a statement on the accusations.

The suit also names top members of Y.U.’s former administration, including Norman Lamm, its former president and chancellor.

Although the statute of limitations has passed on the cases, the alleged cover-up could negate the restrictions, according to Kevin Mulhearn, the plaintiffs’ attorney.

Govt. to Court: Names of Prisoners Going Free Kept Secret from Bennett

Wednesday, August 7th, 2013

On Wednesday, the State asked the High Court to reject a petition of the families of terror victims against the decision to release 104 Palestinian prisoners as part of renewing the peace process.

The State made ​​it clear that the purpose of the ministerial committee formed to decide on which prisoners will be released and when, is to keep the negotiations secret from some coalition partners.

A quick review of the current coalition partners suggests that the party in government who is most likely to oppose the releases is Jewish Home, as well as the majority of the Likud MKs.

“The decision to appoint a small team of ministers, including concerned senior government ministers, was adopted in order to ensure the confidentiality of the discussions that will take place within the team, so as not to reveal the full breadth of the negotiations conducted with the Palestinians in a way that could harm the peace process and even thwart it,” the state told the court.

The “team” includes Prime Minister Benjamin Netanyahu, Defense Minister Moshe Ya’alon, Public Security Minister Yitzhak Aharonovitz, Science Minister Yaakov Peri and Justice Minister Tzipi Livni.

There is not a single Jewish Home Party representative on the “team.”

According to the State’s Attorney’s response to the high court, the first group of Palestinian prisoners with Jewish blood on their hands will be released next week, and the next three groups will be released on the fourth, sixth and eighths month of the negotiations with the Palestinians, depending on the success of the talks.

In its response to the victims of terror petition, the state argued that the release of prisoners is a purely political matter, which the High Court has always considered to be outside of its purview.

“The issue of releasing prisoners is an integral part of a political process which the government has begun, and which the decision to release the prisoners an integral part of, and will be made along the way in accordance with the progress made by the two sides of the negotiations,” the State Attorney’s Office insisted. “The position of the bereaved families has been and will be brought before the proper authorities and will be considered as part of every decision.”

R. Lau to Submit Conversion Rulings to Haredi Review in Backroom Deal

Monday, August 5th, 2013

Three weeks after the stunning knockout a coalition of Haredi and Hardali (National religious Haredim) politicians delivered to Jewish Home and its hapless leader, Minister of Religious Services Naftalli Bennett, Ma’ariv reveals the price that had to be paid before the approval of Rabbi David Lau by the extremist Haredi camp: control over non-Haredi conversions.

Over the past three weeks, we’ve heard nothing but praise for the new Ashkenazi chief rabbi, who, as rabbi of Modi’in, a typical mixed religious and secular Israeli town, has shown the kind of moderation and acceptance one expects of a rabbinical shepherd. Some, like National Religious pundit Menachem Rahat, have gone so far as to suggest that under normal circumstances—meaning before the overwhelming sweep of Jewish Home and the ousting of the Haredim from government—someone as sweet and accepting as Rabbi David Lau would not have stood a chance to be selected, and that he was picked only as a desperate response to the popular Rabbi David Stav, a National Religious scholar and leader who was going to revamp the chief rabbinate.

And it worked. Like Menachem Rahat, the prevailing tone of the National Religious commentators following Lau’s election (and Stav’s defeat) has been that at least Rabbi Lau is a nice guy, a moderate, a uniter, not a divider.

All those well wishers may have to reexamine their praises now. According to Ma’ariv, in closed conversations Rabbi David Lau conducted with some Haredi decision makers before the vote, he gave them his commitment that all of his ruling regarding conversions would be submitted to a review by Rabbi Avraham Sherman, the man who gained his reputation as the killer of Rabbi Chaim Druckman’s thousands of kosher giurim-conversions.

Back in May of 2008, the Supreme Rabbinical Court judges Rabbis Hagai Izirer, Avraham Sherman and Avrohom Sheinfeld annulled thousands of conversions done by two National Religious rabbis, determining that:

“First, all conversions performed since 1999 by Rabbi Chaim Avior and Rabbi Chaim Drukman must be disqualified; second, conversions can be retroactively annulled for those who are not observant.”

Attorney Susan Weiss, founding director of the Center for Women’s Justice (JOFA), told Ynet in 2008 that the verdict had far-reaching implications on thousands of people who underwent conversion in the last few years—and on their children.

Much has been written and said about the case, which had territorial war written all over it. It was the first case of such massive, retroactive annulments of giurim-conversions, and the fact that the injured rabbis were renowned National Religious figures, while the court that destroyed their decades of work—as part of the chief rabbinate!—was comprised only of Haredim, was a sign that the Haredim were determined to annul not just the conversions, but also the foothold of the religious Zionists in the Chief Rabbinate.

In the spring of 2012, Israel’s Supreme Court re-affirmed the validity of the thousands of conversions disqualified retroactively by the Rabbinical Court in 2008, but stopped short of saying the rabbinical courts did not have the authority to annul conversions.

Still, the justices did not spare the rabbinical court their criticism. Supreme Court President Dorit Beinisch wrote in the verdict:

“The Rabbinical Court of Appeals rode roughshod over basic procedural rules and the principles of natural justice. It demonstrated contempt for the special conversion courts, and above all, it hurt and did a shocking injustice to the petitioners and their children.”

Maariv spoke to Rabbi Sherman who confirmed the story about the condition for Rabbi Lau’s election. According to rabbi Sherman, Rabbi Lau met with Rabbi Yosef Efrati, a confidant of the late Rabbi Elyashiv, leader of the Lithuanian Haredim.

“Rabbi Lau told Rabbi Efrati that on all matters regarding conversions he would come to talk to me and consult in me before reaching a decision, because I have been involved in these issues as a confidant of Rabbi Elyashiv, and I am familiar with his rulings on these matters.”

And so the circle is complete: the most fundamental driving force behind the candidacy of Rabbi David Stav, the celebrated chairman of the Tzohar organization, dedicated to making life under halacha more palatable for secular Israelis, was the brutal treatment of thousands of converts by Rabbi Sherman and his co-justices. Now it is clear that not only did the Haredi politicians manage to subvert the attempts to ease their hold on religious life in the country, but that Religious Zionism has lost the most crucial battle of that campaign. The forces that gave us the disqualification of thousands of Jewish lives are back at the helm, stronger and smarter.

Is It against Israeli Law to Fight with Syrian Rebels?

Monday, July 8th, 2013

An Israeli court on Monday sentenced an Arab with Israeli citizenship to 30 months in jail for traveling to the enemy state of Syria, where he joined the rebels for a week before changing his mind when he was asked to carry out a suicide attack in Israel.

State prosecutors charged him with training with radical Islamists in Syria, but a court in Lod, near Tel Aviv, decided against imposing the maximum 15-year jail sentence on the man because, according to Judge Avraham Yaakov, “There’s no legal guidance regarding the rebel groups fighting in Syria.”

Israel arrested Hikmat Massarwa in March after he returned to the country from Syria, via Turkey, after having sought out his brother. He is fighting with the rebels, assuming he still is alive.

He argued that although Syrian President Bassar al-Assad and the government of Syria are enemies of Israel, the rebels are not a danger to the country.

Since the “friendly” rebels asked him to kill as many Israelis as possible in a suicide attack, Massarwa finally pleaded guilty to travelling to a hostile country and meeting with foreign agents. The charges of training with an illegal militia were dropped, and Massarwa admitted that his short adventure could have threatened Israel’s security.

If nothing else, the case proves that whoever wins in Syria, if anyone ever does, Israel will be faced with an enemy state.

The case also is one more in a growing list of Arabs with Israeli citizenship who work with Hezbollah, Hamas and other terrorist groups to work against the country. The vast majority of Israeli Arabs are not considered to be openly hostile to the country, but  a growing ”Fifth Column,” incited by radical Arab Knesset Members, has raised concerns in the Israel Security Agency (Shin Bet).

There is no massive wave of Israeli Arabs working against the country, but there are large areas of blatant anti-Israeli activity, particularly in the Bedouin city of Tel Sheva, adjacent to Be’er Sheva, and in the Islamic Movement’s northern branch in Umm el Faham.

Court Orders Tel Aviv to Enforce Law Banning Business on Shabbat

Tuesday, June 25th, 2013

The Supreme Court has ordered Tel Aviv to enforce the law that prohibits stores from operating on the Sabbath. It overruled a February ruling by a lower court, which accepted the city’s claim that it carried out its responsibility by fining business owners without a need to force them to close.

The three-judge panel, including Court President Asher Grunis, ruled that under the “current legal management, the municipality in effect allows violating the law.” He added that there is concern that the city prefers to profit more from sales on Shabbat than it can collect from fining businesses violating the law.

The ‘Some Girls Like Being Raped’ Judge Resigns

Wednesday, June 5th, 2013

Retired Tel Aviv District Court Judge Nissim Yeshaya has announced he is quitting as an appeals court judge, two days after he publicly stated in court, “There are some girls who enjoy being raped.”

He made the comment during an appeal by a 19-year-old Israeli who was raped by Arabs at the age of 13 and was appealing a Defense Ministry decision not to recognize the attack as an act of terrorism.

Justice Minister Tzipi Livni and Supreme Court President Asher Grunis spoke with Judge Yeshaya about his outburst and accepted his resignation.

“The judge announced his resignation, and this is the correct and only step in this grave incident,” Livni said.

“This is the only way to restore public trust in the judicial system,” she added. “Every judge needs to know that his being examined, correctly, under a magnifying glass and that he must conduct himself correctly as one who is guarding justice and who determines the fate of others.

“We are not speaking only about a comment but about a view that women have been struggling with for years that throws on them the guilt as victims of rape. This kind of expression from a judge is liable unintentionally to give twisted minds legitimacy to rape.

Judges also need to know that when a woman says, “No,” she means ‘No.’”

Printed from: http://www.jewishpress.com/news/breaking-news/the-some-girls-like-being-raped-judge-resigns/2013/06/05/

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