Author Archives: Rabbi

Hagelian Dialectic

    

     One would think that the nomination of Chuck Hagel to be the next US Secretary of Defense would have caused Jews, and Americans’ comfortable with the projection of American power across the globe, some cause for concern, and for Jews, a reassessment of their voting patterns. Not so fast.

     Obama opponents are not surprised, Obama acolytes are unperturbed, but the most interesting reaction came from a well-known ADL voice who opined to the Wall Street Journal that he does not understand how President Obama could choose someone “who policies are so out-of-sync with his own,” or something of that sort. Funny how the obvious answer – that Obama chose someone whose policies are quite in sync with his own (all election rhetoric to the contrary notwithstanding) never occurred to this commentator.

    Indeed, both the Hagel nomination for the Pentagon and the John Kerry nomination to head the State Department are ominous but not unforeseen. (This space anticipated a Kerry nomination back in October.) And that is not because of the unfortunate statements that Hagel has made over the years about Jews and Israel, nor because of Hagel’s astonishingly insensitive defense of his Israel record: “I have voted to give Israel about $35B over the years,” as if to say, you know, that’s all the Jews want anyway, money.

    We should not bandy about the phrase “Jew-hater” too wantonly; it is a hideous accusation today, akin to being called a “racist.” The accusation is the indictment, and punishment comes forthwith. In fact, there is a limit as to how anti-Jewish any American politician can be, whatever their private beliefs, and such accusations here are unwarranted and undeserving. Nor does “money” play a role in ascertaining one’s support or antagonism for Israel; Rand Paul is charged with being unsympathetic to Israel because he opposes foreign aid on the grounds that it makes little sense for America to borrow money from China to give to Israel, or any other country. That sounds like a reasonable proposition to me, but for the simple fact that America’s military aid to Israel is largely spent in the United States (approximately 70% of it) and so amounts to a US subsidy to the US arms industry. So one can be pro-Israel and oppose military assistance, or be anti-Israel and support military assistance. In any event, Congressional support for Israel is so bi-partisan and widespread that changes in aid are unlikely in the near future no matter who heads the Pentagon or the State Department.

     The Hagel problem boils down to a set of values and policies that will reduce the American profile in the world – something that can only cause the anti-American evildoers to rejoice. (Indeed, the Hagel nomination was greeted in Teheran with dancing in the streets; sometimes, an enemy’s visceral reaction is more indicative of the true nature of events than any spin politicians and talking heads can put on the matter. There is no Hagel thesis-antithesis-synthesis ahead: he, like Obama, is at core an isolationist who is not at all proud of the role American has played in the world. That is not say that Hagel will embark on his own international apology tour as Obama did, or that Hagel will be caught bowing to the Saudi king. It is that bad things happen in the world – instability festers, problems linger until they explode – when the United States is in retreat.

     Israel is worried, because they assume that a Hagel as head of Defense means that the United States will never attack Iran, nor necessarily cooperate with Israel if Israel wishes to attack unilaterally. The sharing of intelligence will be muted; since that is mutual, that can affect US intelligence in the Middle East as well. The nightmare scenario of a nuclear armed Iran –and what that means for Israel and for the United States – is that much closer. A nuclear Iran will dominate the Persian Gulf destabilize the flow and the price of oil. In effect, Iran will play a more dominant role in the American economy, especially given Obama’s opposition to oil-drilling in the Gulf of Mexico and the Keystone pipeline. Rather than make America energy-independent – a distinct and realistic possibility within a decade – Obama is leaving the US at the mercy of Iran and prefers reliance on the sun and the wind. No wonder Iranians are dancing in the streets; Hagel has even long opposed sanctions against Iran.

     Much has been made – too much – of Hagel’s distinguished service in Vietnam, and all Americans honor that service. But service in the military qualifies one to head the Pentagon and formulate strategic doctrine as much as being a welfare recipient qualifies that person to head the Department of Health and Human Services. Patriotism is an admirable characteristic, but not necessarily a “qualification” for any particular job. As a Senator, Chuck Hagel was wrong more often than right – especially in his contemptuous dismissal of the Bush surge – the “worst mistake since Vietnam” – which, in fact, snatched victory from the jaws of defeat. (Granted, it was a victory since squandered by the current administration.)

     Hagel is a problem, but John Kerry might prove to be an even bigger problem. Jews are always made a little nervous by people who deny or assert unawareness about their Jewishness. As is well known, Kerry’s grandfather immigrated to the United States, changed his name from Kohn to Kerry, converted, and passed himself off as an Irish Catholic until he allegedly met a tragic end. At times, Jewish roots inspire pride and further investigation into one’s heritage; other times, Jewish roots are perceived as painful and threatening, and induce an unconsciousness desire to suppress those memories and renounce those roots.

    But Kerry’s Jewish connection is not as troublesome as are his politics. It was just a few years ago that he described himself as a “good friend” of Basher al-Assad, the current butcher of Damascus. Assuming that Assad did not just in the last year transform himself into a monster, what sort of “friendship” was that? Indeed, while the personal relationship is probably exaggerated, the policy conclusions are not: Kerry believes in the stability wrought by dictators whom he thinks can be won over as American allies. That particular prescription has been fools’ gold for almost a century, and certainly – in the Arab world – in the last half-century; the United States has benefited little from those attempts.

    Essentially, the Arab world provides the US almost nothing but oil. But for oil, there would be no talk, or need to talk, of an “alliance.” Those “alliances” have always been unpredictable anyway, and such relationships have proved hazardous to Americans and US interests time and again. Dependency on despots is never salubrious. It should trouble Americans, therefore, the Obama administration has chosen energy dependence over independence, and chosen to align itself with the Muslim world – Turkey, Egypt, et al – and in the process completely ignoring the anti-American shifts that have occurred in those countries. The Kerry/Hagel dialectic will only hasten the reorientation of US foreign policy. That is not only bad for Israel and bad for the world, it is bad for America as well.

     Such are the consequences of elections, my fellow Jews. The spin being spun is that there is more to being pro-Israel than supporting Likud policies down the line. All true – but the Israeli political party must attuned to the Obama administration in its current drift and future trends is not Likud or Labor or even Kadima which is moving Achora so quickly it will soon be defunct; rather, Obama’s foreign policy is more closely aligned today with the Balad Party of Haneen Zoabi – who is also not worried about an Iranian bomb, who also favors a two-state solution (although she might mean two Arab states), and who is obviously pro-Muslim.

     As Chuck Hagel said quite forcefully several years ago, he is not the “Senator from Israel but a United States Senator.” Whatever his personal feelings towards Israel, his policies reveal that he clearly has never valued the US-Israel relationship as much as most of his colleagues do and as the American people and most prior administrations have. Assertively pro-Israel Democrats – like Chuck Schumer, for example – know the score and the problem and the spin, and are surely being tested now, including wrestling with this conundrum: the Kerry/Hagel approach is very much in sync with that of the President they enthusiastically endorsed, not at all a departure from it, and not good for Israel or the United States. As if the disregard of America’s spiraling deficit was not enough, you got what you voted for.

      Now what?

 (The above are my thoughts alone. Any similarity to the thoughts of other people, groups or institutions – real or imagined, living or dead – is purely coincidental.)

    

 

The Bennett Phenomenon

      The new star of the Israeli election season (mercifully short, at approximately three months) is Naftali Bennett, leader of the “Bayit Hayehudi,” the Jewish Home. That party, a merger of the old National Religious Party and a break-away, the Ichud Haleumi, National Union Party, itself is an accomplishment that ranks as a minor miracle: for the first time in memory, religious right-wing Israelis have a united home and need not split their votes among splinter parties, and for the first time ever, such a party has natural appeal even to Israelis who are not necessarily right-wing or religious. The ever-fickle polls still show that Habayit Hayehudi is poised to become Israel’s third-largest political party after these elections, and possibly even the second largest party. How did this happen?

     Bennett himself is that rare politician who combines background and attributes that make him appealing to large sectors of the population. Born in California, he spent his early years here in Teaneck, with his family proud members of our own Congregation Bnai Yeshurun. (On a visit here just two months ago, he stopped by his old house and spoke in shul as well). His parents made aliya while he was still a child, he studied in the Israeli educational system, and served 22 years in the IDF including a long stint as an officer in the elite commando unit Sayeret Matkal. He is religious, but married a woman from a secular family. He is independently wealthy, having co-founded and then sold a high-tech company specializing in anti-fraud software. He served as chief-of-staff to Binyamin Netanyahu (before the latter returned to high office) and head of the YESHA Council. He is fiercely pro-settlement, but lives in tony Raanana.

Think of the demographics targeted: New immigrants, veteran Israeli fighters, religious Jews, secular Jews, settlers and entrepreneurs, i.e., almost everyone who votes. And his party includes representatives of those groups, as well as municipal leaders from struggling communities who can be the voice of Israelis who have not yet been lifted up by the waves of prosperity in Israel. For the first time, a so-called “religious-Zionist” party has a Knesset candidate – Ayelet Shaked – who describes herself as “secular,” based on the sensible and compelling premise that the “Jewish Home” includes as well non-observant Jews and Israelis who care deeply about Jewish life and continuity. It is composed of Ashkenazim and Sefaradim. It is a far cry from the NRP of old, which saw itself essentially as primarily responsible for religious life and therefore served (with some exceptions) as religious functionaries, “kashrut supervisors in the Socialist government.” Bennett aspires to more – leadership, and national leadership at that – and why not? He has more life experience in a variety of fields at age 40 than did a certain community organizer who himself rode the perfect political storm to victory in the United States.

The credibility of Bennett’s challenge to the political establishment and the possibility that this election cycle could be the beginning of a new revolution in Israeli politics has, of course, frightened that very establishment which has attempted to discredit Bennett in a number of typically cynical ways. Most recently, Bennett was accused of fomenting a mutiny in the IDF by calling on soldiers to refuse orders to expel Jews from settlements. That accusation was blatently false.

Said charges grew out of an interview that Bennett gave in the Israeli TV hot box known as Mish’al Ham (Hot Mish’al) presided over by veteran Israeli reporter Nissim Mish’al. Mish’al provokes, antagonizes and tries to bully his interviewees, unabashedly distorts their words, cuts them off mid-sentence –and achieves high ratings in the process. Israelis love it. I watch it, and it must be like watching a mud wrestling match in which the viewers themselves are splattered with mud, and emerge exhausted and sweaty.

For example, after the contretemps over refusal of orders, Mish’al asked Bennett (translation mine): “Your primary concern is the settlements. But 800,000 Israeli children live below the poverty line. Why doesn’t that interest you?” And that was followed by this journalistic doozy: “Why do you hate Arabs?” (Hmmm… and when did you stop beating your wife?) Mish’al’s style evokes that of the relentless attack dog Mike Wallace, but Mish’al is an attack dog with rabies. When one of Mish’al’s panelists – more like a cheering squad of fellow journalists – began to explain that Bennett has to encourage refusal and must hate Arabs “because he leads a party of extremists” – and Bennett started to protest – he was interrupted by Misha’l who explained “that was a statement, not a question; there is no need for you to respond.” To be fair to Mish’al, he torments and abuses all his guests, not just the right-wingers.

That background is useful in understanding what preceded it: Mish’al’s question: “what would you do as a soldier if you were told to evacuate Jews from their homes.” Bennett answered that he would be incapable of carrying out such an assignment in good conscience, and would ask his commander to be excused from it.

Well, that unleashed a torrent of criticism that Bennett was inciting refusal, which would cause anarchy, provoke a civil war and lead to the destruction of the Jewish state and an end to the Zionist dream – all, probably, within a few minutes of each other. When Bennett insisted he was not calling for refusal but conscientious objection – and reiterated that several times – the distinction was lost on his interviewer, the panel, and the gaggle of squealing politicians across the landscape who immediately heaped abuse upon him.

Shame on them, and not only because anarchy, civil war and self-destruction will result from further expulsions of Jews and not because of the conscientious objection of soldiers who joined the IDF to defend Jews rather than persecute them, but rather because the nuance of Bennett’s reasonable response was either intentionally or unintentionally missed in the intense atmosphere of the program and the campaign.

On a practical level, soldiers have frequently opted out of participating in these violent acts against fellow Jews; that is why one rarely sees a kipa-wearing soldier among the expelling forces either in Gush Katif or some outposts in Judea and Samaria. Intelligent commanders have respected that and not placed their soldiers in the awkward positions of having to expel their parents and friends from their homes.

And there is a profound difference between conscientious objection and insubordination. A refusal of orders challenges the authority of the entity that gave the order, and delegitimizes it; a conscientious objection accepts the legitimacy of the order, but declares that that recipient of the order, on a personal level, is unable to carry it out and wishes to be excused. That distinction should be patently clear, even in the heart of an obsessive election season, but for the barefaced hypocrisy that abounds.

How reasonable is conscientious objection, aside from the fact that every military among the world’s functioning democracies recognizes it?  No less an “authority” than Ariel Sharon said on July 13, 1995 that a soldier who is called upon the act against his conscience (and he meant the expulsion of Jews from their homes) “should turn to his commander personally, say that he cannot carry out such an order, and pay the price for it.” That Sharon later changed his opinion, among other changes in his life, should be attributed to nothing less than crass politics. A 2004 proclamation calling the expulsion of Jews “ethnic cleansing” and a “crime against humanity,” and imploring the government not to issue such orders and for the soldiers to “listen to the voice of their consciences – national and human – and not participate in activities that will stain them,” was signed by hundreds of prominent Israelis from across the political and religious spectrum – including Benzion Netanyahu (the PM’s late father), Shmuel ben Arzi (the PM’s late father-in-law) and Ido Netanyahu, the PM’s brother. Yet, PM Netanyahu chose here to excoriate Bennett.

Was Bennett’s statement so extreme? On the contrary, it was reasoned, principled, moral and just – none of which have anything in the slightest to do with politics, and hence the ferocious and contrived overreaction. Bennett’s response – read and heard unfiltered, and without the caustic, duplicitous commentary of the chattering classes and their political patrons – struck the electorate as so balanced and decent that, almost immediately, Habayit Hayehudi gained several seats in the polls, and so the issue was dropped, sure to re-surface in distorted form and at a time and place when Bennett cannot respond adequately.

Until then, one can only hope that Bennett’s electoral appeal continues to broaden. He is proudly pro-settlement and firmly against a Palestinian state (for cogent reasons that Likud politicians long advocated but quickly abandon when in power). He advocates cooperation on economic and quality-of-life issues with the Arab leadership that can only improve the conditions under which their residents live, which itself might reduce tensions. He favors strong military responses to attacks on Jews, and, of course, he promotes deepening the Jewish character of the state in a way that most Jews, even those not defined as observant, appreciate and would embrace.

Democracy is a most unwieldy form of government, and the Israeli electorate has a history of bewildering and unpredictable choices. Likud has disappointed in the past, and Netanyahu’s future statecraft is a mystery, both to his party, to his voters, and maybe even to himself. His party will win a plurality of the votes and he will again serve as Prime Minister (although the merger with Likud Beiteinu is shaping up as a colossal blunder that will cost them seats).

The natural home for fearful Likud voters, and for so-called secular Israelis who cherish tradition and want to safeguard the Jewishness of the State of Israel, is the Jewish Home, which, together with its leaders and its platform, has a beautiful ring to its name.

FISCAL CLIFFHANGER?

    The irony of the fiscal cliff feared by many is best illustrated by a report earlier today of veteran CBS News journalist Charles Osgood, lamenting the approaching cuts to such worthy government expenditures as leukemia research and the like. All true, but he prefaced it by depicting the cliff as “Americans seeing their taxes go up and government services going down,” or something like that. But, indeed, there should be something natural, even moral, in having taxes increase to pay for services received. His alternative seems to be a reduction or stabilization of taxes – but a maintenance or increase in spending.

    Can’t anyone ask the simple question: how do you keep spending money you don’t have?

    Neglected in the “conversation” to date is the notion, familiar to all families, of prioritizing spending. No one can buy everything, so therefore choices have to be made as to what is more important and what is less important. But government does not seem to operate that way; everyone who is connected and wants something, and has the ear of the decision-makers, gets what he wants, perhaps not as much as he wants, but enough to keep him (or his cause) going until his cause becomes entrenched and subject to the annual increases that government doles out.

Apparently, “prioritizing” is not a viable option, even if it is feasible. Certainly, the research labs whose research cutbacks were mourned by Osgood can be funded from the money saved eliminating government subsidies to public television, and closing the Departments of Education and Commerce, and maybe one or two others. (Private sector research is even a better option, with tax credits during the process as well as after any dramatic finding, but that’s a different argument.) The problem is that the people voting on the distribution of government largesse are politicians, and they depend on the votes of the electorate to survive. There are no votes in cuts, only in spending – so why make choices?

Never do I recall a political class so uniquely unsuited to the moment, so ill-equipped to deal with the challenges before them, lacking even a real acknowledgement of the problem – too much spending for too little revenue – and focusing on the popular rather than the necessary. And dealing with a public that feels exactly the same.

The American people choose politicians who will distribute the goodies to as many of them as is possible – but do not want to pay for it. Of course, one can argue that the main problem is lack of revenue, not too much spending. There are many of us – not enough, for sure – who believe that the government should be able to sustain its vital services for the $2.4 trillion dollars it is spending annually, and recognize that none of the tax increases on the rich suggested will come within a trillion dollars of denting the deficit. So why try? It’s a fiscal joke, an unserious attempt by unserious people to score political points.

Speaker Boehner seems like a decent person who struggles to get his message out clearly, and his message should be that the matter is not taxes but spending. Here’s an indication of the extent of the farce of modern government: Obama was quite outspoken for years in opposing and ridiculing the “Bush tax cuts for wealthy.” In fact, “tax cuts for the wealthy” became such a mantra that one might have thought the original bill was entitled the “Bush Tax Cuts for the Wealthy.” Suddenly, lo and behold, the bulk of the “Bush Tax Cuts for the Wealthy” seemed to have benefited the middle class, so much so that a reversion to the middle class tax rates that existed before the “Bush Tax Cuts for the Wealthy” will apparently crush the middle class. Well, if those rates would crush the middle class, then why did Obama and his fellow liberals oppose them so vehemently when they were first proposed? Perhaps, Boehner can make this point, ask the Democrats to apologize and thank President Bush for the tax rates that are today so indispensable to middle class prosperity – and then point out the travesty that Obama’s planned tax hikes on the wealthy solve no problem, raise little revenue, and, if so, are best opposed.  If there is no willingness to deal with the deficit and to drastically cut spending, then people might as well keep their hard-earned money for themselves.

It pays to remember that government revenues increased under the “Bush tax cuts for the wealthy” each year until the 2007 crash.

The more bitter irony is that there will be no cliff, and the resolution – likely within two weeks – will either kick the can down the road another few months or reveal the utter vacuity of the modern politician. That is: no politician (certainly no Republican) wants to vote for a tax increase on anyone. Thus, by letting the tax rates rise automatically on January 1, then every single Congressman and Senator – Rep or Dem – can then officially go on record as voting for tax cuts. Neat trick. The only question will be whose taxes remain the same, at the new increased rate (over $250G, over $400G, over $1M). But everyone will be voting to decrease taxes on most people, and raising taxes on no one. What a scam, and I can already see the campaign commercials boasting about the “lowering of taxes.” But, of course, they were the ones who implemented a system wherein taxes would automatically rise if an agreement on spending and taxes was not reached – so in effect, they all voted to increase taxes indirectly, in slow motion, time-release fashion, yes? But try explaining that in a 30-second commercial to the average voter who already struggles with his attention span and comprehension.

A responsible government would see fit to explain to the public that there must be austerity, and government cannot continue to underwrite every societal cause or demand; that there have to be cuts and government job losses, worthy programs will continue or be adopted by the private sector, and unworthy programs will simply cease to exist – not because they don’t have value to some small group but because they don’t have value to a large enough bloc of the citizenry to demand that other people pay for it.

The likelihood of that happening is nil. Instead, the increase in payroll taxes, the estate tax, and income tax rates will get people’s attention, so those will be reduced to manageable levels (except for the estate tax, which will rob heirs of the financial legacy but more likely lead to creative trusts and pre-distributions that encumber the estate-holders but still do not benefit the government. Revenue will probably increase slightly in the short term, and then drop sharply, as the “wealthy,” resentful of being Big Government’s ATM machine, restructure their income and investments to ensure that they are not paying a nickel more than they are now, and probably less. Fewer jobs will be created, the deficit will continue to increase, and we can prepare for the same charade when the debt ceiling has to be raised again – to $17, $18, or $19 trillion.

And, by then, does it really matter anymore? If interest rates go up even slightly, it is quite possible that in the near future, annual interest on the national debt will exceed one trillion dollars. By that time, Europe’s current problems will pale before America’s future predicament. There is simply no source of revenue available that can feed and satiate the beast that has been created. Yet, each party has acceded to annual trillion dollar deficits as long as the eye can see, the Chinese continue to lend and the Fed continues to print money.

It sounds like whatever happens over the next few weeks, America has already plunged over the fiscal cliff. The only questions remaining are who is wearing a parachute, how well does it work, and where do we land?

The Victim

       There was a typically strong reaction to the sensitive issues addressed in the last post – on dealing with scandal – especially from a number of past victims who called or wrote that I had not been sympathetic enough to their circumstances and the reasons for their reluctance to come forward when their cases were ripe. Indeed, I noted that “there are often cogent and plausible reasons why victims do not come forward, usually to avoid stigma, publicity, or other personal issues. To me, it is the most vexing aspect of these squalid stories.” There are, in fact, many reasons why many (most?) victims do not prosecute. The most understandable reason – alluded to above – is when the victims are children and do not even tell their parents, or their parents persuade them to tell no one else. Some victims are so young when they are assaulted that they suppress memories that are only triggered later in life. Sometimes, the predators themselves are family members or otherwise powerful people which make reporting most unpleasant.

       Some victims were too young, or too disconnected, to even think of going to the police, and as I noted to some, had they gone, for example, to the NYC police in the late 1970s, they likely would have received a nightstick against the head and sent back to school, home, youth group, etc. It is true that society 30-40 years ago was not as sensitive to these issues as we are today. And yet, as noted as well, the wall of silence exists among victims in our time as much as it did in the past. Thus, I stated in reference to local matters I have personally dealt with in which victims did not want to cooperate with the police and prosecution, “Will those same victims come forward anonymously in 2040 and castigate their abuser? I would hope not, despite my revulsion toward the accused. NOW is the time.” Nothing said, heard or written has dissuaded me from that viewpoint.

      Some felt distressed at my effusive praise of the young Satmar woman who did successfully prosecute her abuser, as if praise of one person necessarily implies criticism of others. It re-awakened in victims feelings of guilt and sorrow (all unintentional, of course) because they had chosen silence instead of prosecution, or, if not “chosen” silence, at least had not had any better options. But surely one can laud the achievements of one person without others feeling disparaged. That is a general rule of life.

Some readers were literary deconstructionists, imputing to my words meanings that were heavily influenced by their own experiences and not by anything that I myself had written (I’m excluding from this characterization the hopeless rabbi-haters) and thereby missing the essence of my post: I come not to blame the victims of the past but rather to empower the victims of the present and future.

To me, that is the whole point, and in some sense, at least a partial motivation of those who are now prosecuting through the media. But therein lies the point of departure between my opinion and their current practices. One can have the utmost sympathy for victims and still disapprove of the manner in which they are seeking justice. Perhaps some background will help.

Obviously, as a Rabbi and former attorney, I have been involved with numerous crime victims. Having practiced in both criminal and family courts, I am quite mindful of the hesitation that many victims have in coming forward, as well as the emotional constraints under which they operate. I understand – even empathize – with their dilemmas and it is not my place to determine whether they made the right decision in the past, whatever it was. But the victim’s perspective is unique to the victim, as follows.

Like most people who have lived their lives in the New York metropolitan area, I have been a crime victim about a half-dozen times. Each time, I confess, my reaction was the same: I did not want the perpetrators incarcerated; I wanted them dead. Dead! It didn’t matter to me whether there was an arrest, a trial, or a right to counsel and defense. It didn’t even matter to me that the crimes committed against me were not capital crimes. To me, there was only one acceptable outcome: death for the criminal, and preferably a slow and painful one. Unfortunately, no perps were ever arrested in any of my cases. But that is the perspective of the victim, at least this one.

And none of my cases involved the violation of my person, nor amounted even remotely to the severity of the crimes alleged by children who were abused. Yet, my reaction was always the same, and lingered for some time, and then faded, until the next crime, which fortunately were staggered through the years. In fact, I have never met a complainant (the legal term for a crime victim who prosecutes) who felt that their story should be questioned or that their credibility should be subject to impeachment. Most wanted to go straight from the arrest phase to the sentencing phase, because their story was so vivid and so compelling – to them. That is the perspective of the victim.

But I wrote in this space not from the perspective of the victim, but as a rabbi and attorney – as a rabbi concerned with Torah law and the parameters of lashon hara (disparaging talk about others) and as an attorney concerned about justice and fair play, and the rights even of the accused. It is immensely understandable why victims should not have the mindset and emotional makeup to view these events more dispassionately; again, when I was victimized, I felt the same way. But there is a broader societal interest in resolving these matters in a just and honorable way, in gaining justice through justice, and not through mob action, which is essentially prosecution through media in which the accused cannot mount a defense. There is certainly a broad societal interest in seeing predators in prison and children protected from any harm.

Some have suggested a “to’elet” (a benefit that would justify disparaging another publicly) in that every predator should know that there might be a day of reckoning even after the Statute of Limitations has run – that the glare of publicity in the distant future could lead to his global humiliation and restrain him from repugnant conduct in the present. I am not sure that such is really a deterrent to the sick people who prey on children, but there is a counterargument as well that does not portend well for the victim. It is the downside of prosecution through media.

Imagine for a moment that an accused who can no longer defend himself in a court of law responds publicly, through the media, as follows: “Sure, I remember these kids. I was their teacher/principal/coach/youth leader/rabbi/minister/ Boy Scout master, etc. These were troubled children with emotional problems. They were socially awkward and friendless. I had to show them extra love and attention. Many came from broken homes. Some came on to me, and the proper response would have been to expel them from the school/team/youth group, etc., but I took pity on them because of their emotional state. And that is why the school/synagogue/church/team/troop did not fire me. At the end of the day, it was my word against the word of a troubled, possibly mentally ill, youth. That they so grossly mistook displays of affection, and the fact that I am now subject to these false and vicious accusations 30-40 years later, only shows how disturbed they were, and are. Where do I go to get my reputation back?”

Let’s posit that all the above is completely untrue. But if I was such a victim and forced to read that, the old wounds would reopen, and the old pain would return. I would feel violated again. All I could do would be to restate my accusations and then have the accused restate his responses. By way of analogy, I have personally seen the searing pain of rape victims who sat in court listening to their vicious rapist claim that their relations were consensual, and followed dinner and a movie, and the charges were outrageously false. The psychological pain must be unbearable. But at least that took place in a courtroom where some finality of judgment loomed. In the media? There is no finality, only mud and more mud.

Others have suggested that media exposure forces organizations to investigate themselves and to change their culture of silence and cover-up. I disagree, and sadly declare that no organization – religious, secular, political or corporate – ever investigates itself unless there is pressure from an outside party, and the outside party is almost always the government, i.e., the police and prosecution. Arrests and lawsuits get the attention of organizations far more than sensational articles that can be denied, stonewalled, and no-commented to oblivion, whatever sugary statements are issued.

That is why I reiterate the imperative – the moral obligation – of abuse victims to prosecute in real time. Again, this is not meant as a criticism of past victims but as encouragement to present and future victims – a moral obligation that helps them heal and assuredly helps to protect potential, future victims as well.

So if prosecution by media is morally wrong, and the Statute of Limitations has run, then to where can victims go to get justice? The brutal answer – which will bring no real comfort –is: there is not always justice in this world. I did not receive any justice when I was victimized. More seriously, six million Jews murdered by the Nazis and their accomplices did not receive any justice in this world, and Naava Applebaum and her father David (hy”d), murdered by Arab terrorists the night before her wedding, did not receive any justice in this world. The thousands of Israelis murdered or maimed by Arab terrorists did not receive any justice in this world, and worse, many have lived to see their tormenters freed, walking the streets, living happily with their families and plotting new outrages against the Jewish people.

Justice is not always obtained in this world. That is why there is another world – the World-to-Come – in which justice is absolute, in which all victims are elevated and in which all victimizers are excoriated for eternity. In this world, victims can certainly confront their accusers, and certainly seek therapy and counseling to deal with their victimization. But injustice cannot be rectified through another injustice, and the mere fact that people are accused of crimes for which they can no longer defend themselves adequately strikes me as unjust. It’s the price paid for silence. All victims, for whom my heart cries, have suffered enough. They should be blessed with strength and courage, fortitude and all good things in life, which itself are measures of vindication.

But we are left with my conclusion from last time, and I write again generally and without reference to any specific instance: “Fairness and justice demand that the accusers have our sympathy and the accused have the presumption of innocence.” That is the inherent weakness of prosecution through media and the inherent strength of prosecution through the appropriate authorities.

And I beg victims to come forward, so this scourge can be eliminated from Jewish life and from our world.