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October 24, 2016 / 22 Tishri, 5777

Posts Tagged ‘Supreme Court’

Leftwing J Street Going After Pro-Israel Regavim’s US Tax-Exempt Status

Friday, September 9th, 2016

Jeremy Ben-Ami, president of leftwing, anti-Netanyahu group J Street, sent an email to his group’s supporters announcing that he is pressuring the Obama Administration to revoke the US tax-exempt status of the Israeli (and pro-Israel) NGO Regavim in response to their supposed activity against the two-state solution.

The urgent need to harm Regavim’s US donations resulted from the effective work the group has done in forcing the Israeli authorities to apply Supreme Court rulings on demolishing illegal Arab construction in Area C of Judea and Samaria. One of the recent focal points of the Regavim efforts has been the squatter camp outside the Jewish community of Susiya, which the US and the EU insist must stay put despite the fact that its existence violates every signed agreement between Israel and the PA.

Ben-Ami wrote his followers that he was shocked to discover that the “settler movements” aiming to destroy Susiya are partially funded by donations from the US — including Regavim which has systematically mapped out the Susiya shacks and lean-tos, pointing Israeli police at the precise location of structures that violate the law. Ben-Ami sees this well-organized campaign to enforce the law as a threat to a future Palestinian State, which, he believes, must some day be handed the entire area.

Ben-Ami attributes to his organization’s work behind the scenes with the US State Dept. the fact that Prime Minister Netanyahu and Defense Minister Liberman have responded to international pressure and postponed the evacuation of the illegal Arab squatters until November 15.

The president of J Street shared in his email how enraged he is by the fact that groups that work against “the future of the State of Israel” and in direct defiance of US foreign policy and “perhaps” even US law, enjoy a tax-exempt status in the US, which is why J Street will continue to pressure the US government to revoke Regavim’s special status.

Should Ben-Ami be interested in learning what happened the last time the IRS has taken on a pro-Israel group, he should Google “Z Street,” a feisty organization headed by Jewish Press Online reporter Lori Lowenthal Marcus. As Lowenthal Marcus and others have reported over the past seven or so years, the IRS was “slow-rolling” discovery in lawsuits about how it slow-rolled applications by conservative non-profits in general and Z Street in particular.

In 2009, Z Street filed for 501(c)(3) status and was caught in the net of IRS targeting for groups that opposed Administration policy.

An IRS agent confirmed on the phone that Z Street’s application had been sent for special screening for groups connected with Israel. Z Street sued the IRS in 2010 for political discrimination that violated the First Amendment, and IRS Exempt Organizations Determinations Group manager Jon Waddell actually said in a December 2010 sworn declaration in federal court that the IRS flagged Z Street because “Israel is one of many Middle Eastern countries that have a ‘higher risk of terrorism.’”

“That’s hilarious,” wrote the Wall Street Journal last August, “since Z Street supports a country targeted by terrorism. But it also is untrue, which the Administration apparently knew before Mr. Waddell gave his statement to the court. In an October 25, 2010 internal IRS memo on the Z Street case produced in discovery, the IRS acknowledged that when Z Street’s application was being scrutinized Israel wasn’t on the list of terrorist countries, and that an agent may have been using an outdated list.”

If Jeremy Ben-Ami believes the Obama Administration is prepared to go after the tax-exempt status of yet another Zionist group — he should probably check with someone in the State Dept. Perhaps President Hillary Clinton would be inclined to alienate her Jewish voters and Israel by using the IRS for political purposes. It’s quite clear President Donald Trump won’t.

As to the self-congratulations of Ben-Ami on how he and J Street got the US and the EU to condemn Israel’s legal activities in Susiya — it stands to reason they knew all about it on their own. Why, the EU has been building illegal structures in Area C (which Regavim has successfully gotten demolished) without any help from J Street.


Liberman Cites International Pressure over Arab Squaterville in Area C

Friday, September 2nd, 2016

Defense Minister Avigdor Liberman on Thursday sat with schoolchildren in the Jewish community of Susiya in south Mt. Hebron, next door to which a squatter Arab community has emerged recently, in an obvious attempt to challenge Israeli sovereignty over Area C of Judea and Samaria. Liberman told the children the encroachment by the residents of Yata Village to the lands near Susiya was not an accident, but a planned effort to physically separate the new community of Susiya and the historic synagogue on the nearby archeological site.

Susiya is a legitimate archaeological site in the southern Judean Mountains that bears the archaeological remains of a 5th century CE enormous synagogue, one of the largest and most magnificent ever discovered, which was turned into a mosque by the Arab invaders in the 8th century.

“Are you familiar with the archeological site of Susiya?” Liberman asked, and continued, “One day all kinds of illegal buildings started popping there, supported by foreign countries. And why did they pop there? On purpose, to divide between the community of Susiya and the historic Susiya.”

Liberman revealed that he had been under “pressure from all over the world” not to apply the demolition order handed out more than once by the Supreme Court. “The European Union, the US — they all discovered Susiya. Suddenly the United Nations Security Council is also interested in Susiya.” He promised the children he would obey the law and carry out the demolitions. “The free world is preaching especially for this to be a country of laws, and we must honor our judiciary system,” he said, with a hint of sarcasm.

UN Special Coordinator for the Middle East Peace Process Nickolay Mladenov told the Security Council that the demolitions of illegal Arab construction in Area C, which is under full Israeli control, violate the recommendations of the so-called Middle East Quartet, comprising the US, Russia, the EU and the UN, on the way forward in the peace process.

Liberman attacked the Europeans and the Americans who demand that Israel ignore the Supreme Court ruling to demolish Susiya, but to enforce the same court’s ruling on demolishing the Jewish Amona community in northern Samaria. “We are a country of laws,” he said, and we will honor ourselves and our laws, regarding Amona, E1 (the area connecting Jerusalema nd Ma’ale Adumim), and Susiya,” he clarified.

Liberman called on the residents of Amona to embrace the compromise being offered by the government, and moved to the promised homes to be built near their community. “I say to the residents of Amona, there’s a ruling of the high court and we will obey it. If anyone is delusing themselves that we won’t, it’s not going to happen. Whatever the court permits we will do. That’s why we offered many alternatives, and I hope we’ll find one the Amona residents will also accept.”

David Israel

Sharp Rightwing Criticism of Supreme Court Ruling on Demolishing Gush Etzion Homes

Friday, September 2nd, 2016

Following a Supreme Court Ruling Thursday ordering the evacuation and demolition of 17 structures in the Netiv Ha’Avot outpost in Gush Etzion, rightwing politicians called for a Regulation Act that would set out to legalize thousands of Judea and Samaria properties about which there are now or may be future claims. The general outline of the proposed regulatory legislation will authorize the Israeli government to compel proven claimants to receive market-value compensations, in comparable land or in money. A coalition move back in July to start work on the Regulation Act was thwarted by the AG Avihay Mandelblitt, who said the law is not constitutional and would be knocked down by the high court on appeal.

Thursday’s ruling, by a three-judge panel, evoked sharp criticism on the right, with Habayit Hayehudi Chairman Naftali Bennett condemning the ruling, saying extreme leftwing elements who have given up on their ability to ever persuade the people to accept a Palestinian State in Judea and Samaria are bypassing the public and usurping the legal system to force their policies on the majority. “When the Supreme Court collaborates with them this erodes the public trust in the court,” Bennett warned.

Minister Zeev Elkin (Likud), who is a resident of Gush Etzion, said the high court’s “scandalous decision” constitutes the crossing of red lines, revealing the court’s utter disconnection from common sense and from the historic values and the legacy of the nation of Israel. Elkin called on Justice Minister Ayelet Shaked (Habayit Hayehudi) to lead a far-reaching reform to regain the public’s trust in the Supreme Court.

Thursday’s ruling was an uncompromising order to destroy homes that “were built illegally on private lands.” Considering the fact that the ruling required forcing residents out of their homes, and the large number of homes in question, Court President Justice Miriam Naor gave government and the residents 18 months to prepare for the evacuation/demolition.

Naor wrote that the court ignored on principle the fact that the outpost had been established with government endorsement and support, saying government does not enjoy a special status when it comes to standing before the high court. “In the judicial process government is equal to other litigants,” Naor emphasized, adding that the fact that government had been aiding in a long-term illegal enterprise does not make it kosher.

According to the petition by Peace Now, which dug up the Arabs who are now claiming to be the original owners of Netiv Ha’Avot, the lands of the Al-Khader village near Bethlehem and Gush Etzion, in Judea, had been undergoing regulation by the Jordanian government at the time the IDF conquered the land in June 1967. The Israeli court opted not to rule whether or not the Jordanian government had the legal authority to carve up and hand out the land to local Arabs, land it had acquired through an act of war, invading the “West Bank,” including Jewish Gush Etzion, in 1948.

Davidi Pearl, who heads the Gush Etzion Regional Council, responded to the High Court’s decision saying the court had opted to belittle the government which had presented a vast array of legal alternatives that had been confirmed by the AG. Pearl called on the government to act immediately to enact a law to protect the honor of the Israeli government and the Judea and Samaria residents who had acted in good faith with the government’s encouragement.


Jewish Man Arrested for Saying Shema on Temple Mount

Thursday, September 1st, 2016

A young Jewish man was arrested on the Temple Mount Thursday afternoon, for suspicion of saying “Shema Israel,” legal aid society Honenu reported. The detainee is being represented by a Honenu attorney.

The latest time to say the Shema on Thursday according to Jewish law was 9:27:29 AM, which suggests the young man was only reading the verse, rather than uttering it as part of his daily prayer, and should argue for a reduced sentence (Berachot 10b).

On the other hand, the young man could have been a Hasid, in which case he may have considered his uttering of the Shema to be part of his morning prayer, and his punishment should thus be more severe.

Regarding Jewish prayer on the Temple Mount, the 2010 US State Dept. report on religious freedom round the world apparently finds it disturbing that “a government policy since 1967, upheld repeatedly by the Supreme Court and routinely enforced by the police, denies religious freedom at the Temple Mount to all non-Muslims, although the government ensured limited access to the historic site to everyone regardless of religious beliefs. Only Muslims were allowed to pray at the site, although their access has been occasionally restricted due to security concerns. The police accompanied Jewish visitors to the site and removed them if they appear to be praying. Since 2000 the Jordanian Waqf that managed the site restricted all non-Muslims from entering the Dome of the Rock shrine and Al Aqsa Mosque.”

However, the 2014 DOS report on religious freedom appears to approve of the fact that the Israeli government limits Jewish religious observance at the Temple Mount, “though some Jewish groups sought to either legally overturn this policy or modify it to permit Jewish prayer, actions that were at times followed by a violent response from Muslim worshippers.”

David Israel

Mayer Herskovic Accused of Leading Beating of Brooklyn Black Gay Man [video]

Thursday, September 1st, 2016

Mayer Herskovic, a Hasidic man who is on trial for his role in an assault on gay African-American Taj Patterson that left the latter blind in one eye, was accused on Wednesday by the victim of being the “ringleader,” the NY Daily News reported. Herskovic is looking at 25 years in prison for his role in the attack. His DNA was found on the heel of Patterson’s sneaker, which was found on the roof of a nearby building.

Police presented security camera footage showing a large group of Hasidic men converging on a street corner.

Patterson, 25, testified in Brooklyn Supreme Court that on Dec. 1, 2013, around 4:30 AM, following a birthday party, he was walking home to Fort Greene through Williamsburg, and was chased on Flushing Ave. by three Hasidic men who screamed “something negative” at him. Moments later, Patterson testified, as many as 17 more Hasidic men joined the attack.

“They threw me to the ground, dragged me on my knees, told me to ‘stay on the ground you [expletive].’ I was kicked in the face and saw a flash of white,” Patterson told the court.

He testified that he was pinned down against a chain-linked fence and was kicked and punched by his assailants. “That same individual who stood in the middle of the three men kicked me in the face, the ringleader,” said Patterson. But he was not able to identify Mayer Herskovic as one of the assailants to police or to Judge Danny Chun. He was, however, able to punch the alleged leader and break his glasses, the defense found out during cross-examination.

Patterson has undergone three surgeries to treat facial fractures and severe retinal damage that’s left him blind in one eye.

Charges were dropped against two Hasidic men who had been indicted in 2014, and two other men, Pinchas Braver and Abraham Winkler, pleaded guilty to unlawful imprisonment and were sentenced to 150 hours of community service and a $1,400 fine.


Liberman Plans to Bypass Chairman Abbas, Forge Direct Relationships with PA Arabs

Thursday, August 18th, 2016

Defense Minister Avigdor Liberman told military correspondents in his Kirya office in Tel Aviv on Wednesday that he intends to seek out Arab leaders living in the Palestinian Authority and bypass the PLO-run authority government. He wants a personal dialogue with academics, business people and intellectuals. In fact, according to Liberman, his staff has already put together a list of these people whom he now intends to pursue.

There’s also going to be a new website in Arabic, reporting the news of the day from the Defense Ministry’s perspective. It will cost about $2.5 million.

“I want to connect with them directly, not through the [PA headquarters in Ramallah] Muqata,” Liberman reiterated, saying he expects the new website to hit the Internet by the end of January. He admits it’s an ambitious and challenging project, but he’s going for it nonetheless, budgets, regulatory standards and all.

According to Liberman, PA Chairman Mahmoud Abbas has been an obstacle to a working solution for the area. Indeed, he asked, “if there are intellectuals, academics, those who stand out on the municipal level — why should they talk to us through Abbas?” Also, if “[Abbas] is talking directly to the Israeli society, why can’t we speak directly to the Palestinian society?”

When asked why, then, if he is seeking out PA Arabs for a dialogue, did he bar the entry into Israel of Muhammad al-Madani, chairman of the Committee for Interaction with Israeli Society, Liberman said al-Madani, a senior PLO official, was not coming to have a dialogue and seek co-existence, but the opposite.

Liberman also told the military correspondents about a rift between himself and the Attorney General Avihay Mandelblitt, who objects to the Defense Minister’s policy of holding on to the bodies of terrorists killed while carrying out attacks against Israelis and has gone so far as to state that he would refuse to defend the new policy before the Supreme Court. Liberman said that’s fine, if need be he would defend the policy before the court. Liberman said he asked Prime Minister Netanyahu to discuss the issue in the cabinet, because “it looks a little grotesque that the two ministries (Internal Security and Defense) maintain contradictory policies on this matter.”

The Justice Ministry also objects to Liberman’s new policy on terrorist bodies, because it contradicts fundamental Supreme Court rulings. They do support conditioning the release on the families’ committing to small funerals that won’t erupt into riots.


San Francisco Bus Ad Defends BDS

Monday, August 15th, 2016

The Seattle Mideast Awareness Campaign (SeaMAC) has launched a new ad on buses in San Francisco with the slogan “Boycott Israel Until Palestinians Have Equal Rights.” The ad is not clear as to which Palestinians are bereft of those equal rights: are they the ones being repressed by Hamas that steals their charity funds, diverting them to luxury homes for Hamas bigwigs and to terror tunnels aimed at kidnapping and murdering Israeli civilians? Are they the ones struggling to make it under an incompetent, corrupt PLO-run Palestinian Authority, that hasn’t run a national election in almost ten years? Or are they Israeli Arabs, with a representation in the Knesset that matches their 20% of the population, democratic freedoms and access to higher education? Or is it too much to ask a bus ad for specifics?

The ambiguous bus ad will run for four weeks, according to a SeaMAC press release. The ad includes the slogan “Stop Anti-Boycott Legislation” and features a list of historic boycotts, including the Boston Tea Party, segregated buses in Montgomery in 1956, and South Africa’s apartheid regime.

“Advocates for Israel’s apartheid are trying to persuade state and national legislatures to outlaw the right to boycott against social injustice in Israel,” said Edward Mast, volunteer board member of SeaMAC. Of course, Israel does not have an apartheid system — the Arab member of the Supreme Court would never approve of it, nor would the thousands of Arab students in Israel’s universities, thousands of Arab doctors and lawyers, and Israeli Arabs from all walks of life who participate in a free Israeli society. It’s not a problem-free society, but compared to the neighborhood it is pretty impressive.

Mast, however, sees attempts to seek legal means of stopping his campaign of lies as an “attack on free speech … one more example of demanding special treatment for the State of Israel.”

SeaMAC ran the slogan “Boycott Israel Until Palestinians Have Equal Rights” on buses in Washington, D.C. and three other cities in 2015, but the same ad was taken off a billboard in Chicago. in early 2016. SeaMAC has also been blocked from running anti-Israel bus ads in Seattle, Washington.

David Israel

Printed from: http://www.jewishpress.com/news/breaking-news/san-francisco-bus-ad-defend-bds/2016/08/15/

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