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October 26, 2014 / 2 Heshvan, 5775
At a Glance

Posts Tagged ‘Supreme Court’

Ehud Olmert’s ‘Talansky Affair’ Re-Opens in Jerusalem District Court

Tuesday, September 2nd, 2014

The corruption trial of former Prime Minister Ehud Olmert — this one relating to wads of cash from Long Island businessman and philanthropist Rabbi Morris “Moshe” Talansky — has reopened in Jerusalem District Court.

Talansky founded The New Jerusalem Fund together with Olmert. He told the Jerusalem District Court in past testimony that over a period of 13 years he gave the former prime minister about $150,000, most of it in cash, earmarked for campaign and personal expenses. Some was intended as a loan, some not.

The court was set to hear testimony from former Olmert aide Shula Zaken, who has turned state’s witness, as well as from Olmert in defense of himself.

The Israeli leader was convicted of breach of trust in the Holyland Complex affair in 2012 and given a suspended sentence of one year in prison and a fine of NIS 75,000 ($21,000). This year he was convicted of lying to the court in testimony about the case, and was convicted again on one count of breach of trust in the same case.

Olmert was sentenced on May 13, 2014, to six years in prison and fined NIS 1.5 million ($430,000), and was to begin serving his sentence yesterday, September 1.

He was acquitted in the Rishon Tours and Talansky affairs, but due to new evidence the Talansky affair was also re-opened today.

All three cases span Olmert’s tenures as mayor of Jerusalem, Minister of Industry, Trade and Labor, Finance Minister and finally as Prime Minister – a period from 1993 to 2009.

Jordan’s Arab Bank Goes on Trial in NY for Terror Financing

Monday, August 11th, 2014

A worldwide legal earthquake is about to begin in Brooklyn, where the Jordan-based Arab Bank goes on trial today (Monday) for authorizing money transfers from terror entities to Hamas members abroad.

The case, a lawsuit by the families of US victims of terror, has been 10 years in the making and revolves around ‘martyr payments’ to the relatives of Hamas suicide bombers via the Jordan-based Arab Bank through its New York branch during the second intifada.

The plaintiffs claim in their suit the Bank has violated Section 2339B of Title 18 of the US Code, which makes it illegal for an entity within the United States to provide material support or resources to designated foreign terrorist organizations. Hamas is included on that list. Attorney Gary Osen of Osen LLC is the lead attorney in the case.

This is the first-ever civil trial targeting terrorist financing, one that has dragged on for a decade because Arab Bank has worked just that hard to fight it — or at least to delay the proceedings as long as possible. When the Supreme Court rejected the Bank’s petition to hear the case in June, the way was paved for today’s hearing in Brooklyn.

In April 2013, a New York Federal Court penalizing the Bank with an order imposing sanctions for refusing to submit documents for review by the plaintiffs to determine whether they could be used as evidence in the case.

That order raised Cain between three agencies at the federal level in the Obama administration – the US State Department, the Justice Department, and the Treasury Department – as officials tried to decide just how to deal with this delicate but dirty matter that affects not one, but at least two or more of America’s closest allies in the Middle East.

The Bank claimed it refused to submit the documents because it could have violated bank secrecy laws in Jordan and Lebanon. The lower US court was having none of that and ruled a jury could interpret that to mean an automatic admission of guilt on the part of the Bank.

In a pre-trial statement to Forbes, the Bank commented, “The facts show that Arab Bank provided routine banking service in compliance with applicable counter terrorism laws and regulations, and had no intention of providing support to Hamas or any other known terrorist organization.”

The Bank is accused of facilitating massive money transfers from 1998 to 2004 to Hamas leaders and institutions, as well as to the families of jailed Hamas members and suicide bombers. The money allegedly came from insurance benefits provided by the Saudi Committee and the Hezbollah al-Shahid Foundation. Both supported the intifada by providing benefits to the families of those who “martyred” themselves or who became injured or captured by the IDF in the process.

The insurance was “ultimately designed to provide substantial material support to Palestinian terrorist organizations and to provide a meaningful incentive both to prospective recruits and to individuals contemplating the commission of independent acts of violence in the name of the ‘popular resistance’,” according to the complaint, as quoted by Business Insider.

There were five attacks specified in the complaint in which Arab Bank allegedly facilitated money transfers to the relatives of Hamas terrorists. One was the October 2003 case of John Linde Jr., murdered with two other security officers while escorting US diplomats to interview Palestinian Arab candidates for Fulbright Scholarships. The three were killed by an IED (improvised explosive device, also known as a ‘homemade bomb’) in northern Gaza. A second involved 3-year-old Tehilla Nathansen, killed while sitting on her mother’s lap when terrorists blew up the No. 2 bus in Jerusalem in August 2003. A third child, 8th grader Jacob Mandell, was killed in a hail of rocks hurled by attacking Palestinian Arabs along with another friend while hiking in May 2001. And so on.

Court Rejects Shalit Terrorists’ Appeal

Wednesday, June 25th, 2014

The Supreme Court rejected an appeal submitted by six terrorists release in the Gilad Shalit deal. The state is asking for legal sanction to re-arrest the killers and to jail them for the rest of their sentences. Chief Justice Asher Grunis said the appeal would be correctly submitted to the Haifa District Court, but did not voice an opinion of the legality surrounding returning the murderers to prison.

The Haifa District Court will hear the case tomorrow.

BDS Agitators Fail in ‘Rachel Corrie Country’

Wednesday, May 21st, 2014

It’s been a rough day for Palestinian supporters: Yet another unversity-based divestment attempt failed dismally at the University of Washington at the same time as an Israeli court was set to rule on the latest appeal in the decade-long legal saga of local girl Rachel Corrie, the 23-year-old activist who was crushed by an IDF bulldozer in 2003 when she made the mistake of standing in front of it.

Corrie, a member of the radical, terror-supporting International Solidarity Movement (ISM) was killed while serving as a human shield in a closed military area in the Gaza Strip, near the border with Egypt.  She refused to comply with IDF instructions to vacate the area, and was then crushed to death by a military bulldozer in Gaza  because the soldier driving the bulldozer could not see her from where he was seated, high up in the cab.

For the past eleven years, her parents have pursued a lawsuit in Israel’s courts to have her death declared a murder, something Israeli courts have repeatedly refused to do. Today (Wednesday) the Supreme Court will rule on the family’s  appeal of a lower court ruling absolving the IDF of culpability for the incident.

IN 2011 a lower court ruled the IDF was not negligent, nor was it responsible for Corrie’s death. Moreover, the court ruled the IDF had fully and credibly investigated the circumstances surrounding the incident. By entering a closed military zone, and attempting to block the work of military bulldozers, Corrie was responsible for her own death, the court ruled.

BDS keeps on kicking, despite rejections

Sources on campus described the UW boycott issue as one of the most heated campus debates in recent memory, with furious comments both for and against the resolution in the university’s Slog news website. “Intentional or not, BDS [movement] singles out Jews for treatment that no one else gets, even countries that behave far worse. You don’t think it would be practical to aim against Syria (hmm, when was the last time Israel gassed its own citizens?)?” responded one writer.

Ironically, the University of Washington is located not far from Rachel Corrie’s hometown of Olympia, Wash.

Following the UW campaign, The Jewish Press has learned that students at the University of South Florida are also pressuring the school’s foundation to divest from companies linked to Israeli companies based in Judea and Samaria. Students this month presented a petition with 10,000 signatures to the school’s foundation urging the school to divest from corporations such as Motorola, HP and Caterpillar.

Boycott supporters have not indicated whether-or-not they will stop using cellphone, computer and internet technologies, all of which were developed in Israel, to protest the “brutal oppression” of the world’s only “apartheid” victims with the right to vote, run for office and full access to Israel’s Supreme Court.

Destruction in Gush Etzion: It’s Only ‘Anatevka’

Wednesday, May 14th, 2014

When the IDF soldiers and Border Police officers who destroyed the homes of seven families and a kindergarten in Gush Etzion take off their uniforms to lay down for the night, will they be able to sleep when they close their eyes? What images will they see?

Hundreds of security personnel were involved in today’s (Wednesday) in demolitions, making sure the small playground vanished where Ma’aleh Rehavam’s children once learned and played.

A like number of Arab workers – just pour a little salt on the wounds please — were present to shove their precious few belongings into big metal shipping containers. When it was over they were sent who knew where.

A few scattered pieces of shelving lay broken on the rocky ground, carelessly tossed in the rush to finish the job done before media could report the gory details. Pitiful bits of furniture left here and there gave testimony to the presence of seven families and their small children. They didn’t have much.

It was only Anatevka. Or some Bedouin clans. Frankly, in this day and age, they don’t look much different, do they?

If you live in Israel and travel the Negev or the hills of Judea and Samaria, or around the Galilee and the Golan Heights, you know the truth. You know that Jews who choose to help settle the Land – as Jews are commanded to do in the Bible – don’t do it because it is easy.

They do it out of a commitment to their People and their nation, and to their Creator. They bring their faith and sometimes their small children and whatever few things they manage to pull together for a home. And then they live in a caravan for a while. Eventually, if they’re lucky, the caravan becomes a “real” house – but usually it’s a hut with a corrugated tin roof. Just like those of the Bedouin in the Negev and up north.

We’re basically the same. We’re only different when it comes to how our government treats us.

Fear of the European Union, which generously funds the radical leftist Peace Now movement, has driven the government to discriminate against the settlers. Peace Now files hundreds of lawsuits that whip the courts and the government into expelling Jewish settlers from their homes. They don’t bother to do the same with Arab settlers.

According to Peace Now, Arabs own all the land outside of the 1949 Armistice line. Peace Now would never dare to harass the Palestinian Authority into “enforcing” any law – nor would it attempt to force the PA to formulate a law to control settlement or housing construction.

They are too busy harassing Jews. It’s also safer. Harassing Hamas or Fatah would earn a death sentence for anyone attempting to “enforce” anything and well does the European Union’s proxy agency know it. So they aim at those who are committed to holding the land won in 1967 in a war not even of Israel’s making. Land that was ours decades before, and millenia before, towns whose names were written eons ago in the Bible. They persuade Israel’s military – who rush with an agenda – to clear out the settlers. They figure it will eliminate the “facts on the ground” and create an atmosphere of “peace” with the Arabs.

The saddest and most destructive part of what happened today at Ma’aleh Rehavam, however, is the haste with which the entire demolition was carried out.

What on earth was that about?

Here is a copy of the Supreme Court restraining order, clearly stating that the IDF forces are not to take any steps that carry “irreversible outcomes.”

IDF Troops Ignore Supreme Court, Demolish Jewish Homes in Gush Etzion

Wednesday, May 14th, 2014

IDF commanders dispatched with legal niceties Wednesday and ordered the demolition of seven homes and a kindergarten in the Jewish community of Ma’aleh Rehava’am without waiting for the Supreme Court to rule on the matter.

An IDF legal adviser to the Civil Administration of Judea and Samaria informed Etzion Brigade Colonel Amit Yamin at midday he need not wait to confirm a Supreme Court restraining order against the demolitions in Gush Etzion.  Once Yamin gave the order, security forces moved fast and finished the demolitions before the Court had issued a restraining order.

Copy of Supreme Court restraining order against demolitions at Ma'aleh Rehavam in Gush Etzion. It says: "Do not carry out any actions that create irreversible consequences ."

Copy of Supreme Court restraining order against demolitions at Ma’aleh Rehavam in Gush Etzion. It says: “Do not carry out any actions that create irreversible consequences .”

An officer receives a call while waiting on site at Ma'aleh Rehavam prior to destroying homes and a kindergarten on Wednesday, May 14, 2014.

An officer receives a call while waiting on site at Ma’aleh Rehavam prior to destroying homes and a kindergarten on Wednesday, May 14, 2014.

Early Wednesday, David Perl, head of the Gush Etzion Residents’ Council said that the Court had ordered a stay against the demolitions early in the morning after residents had submitted evidence of having purchased the land on which their homes were built. Those documents formed the basis for the appeal that is currently pending.

A spokesperson for the Supreme Court denied the claim, however, when asked for clarification by the IDF.

As a result, the IDF commander was told by legal counsel not to wait for confirmation. Rather, he was told to simply go ahead and destroy seven private homes and a kindergarten at Ma’ale Rehavam, according to a reporter from the Tazpit news agency on site. The AFP news agency reported that an additional three uninhabited structures were also destroyed.

The IDF officer proceeded to order his troops to demolish the buildings, leaving seven families with children homeless. Hundreds of security forces are on site at the community, where 34 families have built their homes.

“The demolition of homes is an expression of weakness and frailty of our hold in Israel,” Perl said in a statement following the destruction. “But we are not deterred and will not be silent We will continue to build and expand Gush Etzion roots everywhere. We came to this country to build and be built. The time has come to announce to the world our sovereignty over this land.”

Two more Jewish communities, both in Samaria, are slated for similar actions by the government wrecking crews this week: Ramat Gilad near Shechem (Nablus) and in Givat Asaf in the Binyamin region.

Similar demolition orders are rarely issued, let alone carried out against the thousands of illegally-constructed Bedouin and Arab structures dotting the Israeli landscape within the 1949 Armistice lines (known as the “pre-1967 lines.) They are never carried out against the hundreds of thousands carpeting the hillsides in the territory of Area C.

Will Your Child be Born in ‘Israel’?

Tuesday, April 22nd, 2014

The US Supreme Court has agreed to examine the question as to whether or not an American citizen born in Jerusalem can have “Israel” listed on his (or her) passport as their country of birth.

The case is being brought on behalf of Jerusalem (Israel) born, Menachem Binyamin Zivotofsky, a US citizen. Zivotofsky’s parents tried to have Israel listed as his place of birth, but the US State Department didn’t allow it.

The constitutional question is whether only the President can allow Israel to be listed, something no president has allowed to happen so far, or if Congress can pass a law that overrides the president on what is claimed to be a foreign policy issue.

Congress actually passed the law in 2002 as part of the Foreign Relations Authorization Act, but it was never enforced.

As an aside, if an American child is born in Tel Aviv, the passport will say, “Israel” as the place of birth.

Strangely enough, it’s been reported that the Jerusalem Consulate did add the country name for a man born in Jerusalem before 1948, they wrote “Palestine”.

Of course that is very problematic, as there never was a state of Palestine.

At best, the correct location should have been, “British Mandate for Palestine” or even “League of Nations Occupied Turkey”.

US Palestine Passport

The State Department’s and White House’s official policy has been to not recognize Israel’s sovereignty over Jerusalem.

Sounds very one-sided to me.

The case may be decided by June 2015.

Printed from: http://www.jewishpress.com/news/breaking-news/will-your-child-be-born-in-israel/2014/04/22/

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