Category Archives: Current Events

Antonin Scalia: Orthodox Justice

   Well, almost, but not quite. But even “almost” is a high praise for a devout and pious Catholic.

The sudden passing of US Supreme Court Justice Antonin Scalia leaves a void not only on the Court but in the legal world. Scalia was a revolutionary thinker and, even if there are successors and followers, few have demonstrated the knack of writing with his trademark verve, flair and color. Scalia was born for intellectual and legal combat, enjoyed it immensely and engaged in it without hesitation. There has to be few pleasures in life for legal scholars greater than reading a Scalia dissent – pungent, cogent and forceful. My series “The Law and the Law,” which contrasted Supreme Court decisions with the Torah view on the particular cases at hand (all accessible on this site) occasionally relied heavily on Scalia’s dissents for the most articulate and reasonable expression of constitutional jurisprudence.

But “Orthodox”? Consider.

Scalia was a so-called “originalist” who perceived the role of the Supreme Court as attempting to ascertain the original intent of the Framers of the US Constitution and then applying that interpretation to the matter at hand. As such, he venerated the Constitution (and the legal precedents established in the early years of Supreme Court jurisprudence) in the same way that a religious Jew venerates the Bible. Indeed, an analogy can be made between the way “originalists” approach the Constitution and Supreme Court case law to the way faithful Jews approach the written Torah and the Talmud and Codes. Everything is sourced, the system is self-contained, and what is required at most is the application of traditional principles to new situations.

This is the place where one gigantic “l’havdil elef havdalot” is necessary, as G-d’s Torah must certainly be distinguished from man’s (even enlightened man’s) Constitution. Nonetheless, the analogy is still apt, because the intention of the Framers, as Scalia saw it, was that the Constitution serve as the permanent framework for self-governance and the preservation of individual liberties. If each generation saw fit to tamper with the Constitution and drastically transform it according to the prevailing winds, then that Constitution would not survive and the American republic would also collapse, as have other societies with malleable founding documents. Indeed, many of those other societies crumbled in the wake of sudden loss of personal freedoms that had been guaranteed by charters they later deemed obsolete. Those nations usually wound up in the throes of dictatorship.

To revere the Constitution is to make it the anchor of law and governance, and amended only via a rigorous and deliberate process that fully reflects the wishes of an overwhelming preponderance of the American society. Scalia felt it was a betrayal, and downright bizarre, to impose on the Constitution rights, values, doctrines, penumbras, and personal judgments that were simply not there.

He asked, in effect: how can capital punishment be unconstitutional, when such sentences existed when the Constitution was enacted? How can privacy or abortion be a Constitutional right when the former went unmentioned in the text and the latter was a crime for more than 150 years after ratification? How can same-sex marriage be guaranteed by the Constitution when the Constitution does not mention marriage – any type of marriage – at all?

What offended Scalia was not so much the policy implications (those are personal to each judge) but the notion that laws were not being made by legislatures – the people – but by nine people in black robes, all unelected, and all with but temporal existences. He recognized that, whatever his personal view, states could pass laws allowing abortion, as states like New York, New Jersey and California did years before Roe v. Wade; but there is no Constitutional question that is being raised (except perhaps whether the Equal Protection Clause applies to fetuses). Sometimes the Constitution is just silent on a particular issue. The identical reasoning applied to same-sex marriage or other “social” or “political” issues the Court was called on to resolve. He rightly saw the reluctance of legislators to vote on these matters, preferring the Court to do their dirty work for them, as cowardice that was unworthy of this Republic.

Laws should reflect the will of the people, through their elected officials, in almost every case. The Constitution cannot be transformed, distorted or upended simply based on the whims of nine Justices. It is a powerful argument, not only on the merits but also practically. There is no certainty in law – and there should be certainty in law for society to remain orderly and functional – if the personal predilections of a handful of people are routinely substituted for the judgment rendered by the Founders as to how they sought to form a “more perfect union.”

The other side against whom Scalia warred argued that the Constitution must be a living document that evolves with the times, and that it must always reflect the values of the current generation. That is to say, it should cease functioning as a practical guide to governance and freedom and be relegated to the status of an ancient text trotted out for confirmation of a particular bias but never as a definitive expression of an American virtue, ideal, aspiration or source of law.

That attitude explains the current uproar over Scalia’s replacement, an unseemly spectacle that began before his body was even cold. It underscores the sad irony of a president who has regularly run roughshod over his constitutional limitations and a Congress that has failed to assert itself properly in the scheme of checks and balances. Each group, but certainly the political left for the greater part, is seeking to implant on the Supreme Court another politician in the disguise of a legal scholar, someone who can be relied upon to adhere to certain policy conclusions regardless of their Constitutional propriety. That is not what the Supreme Court is supposed to be, and that is not how Scalia saw his role.

For decades, the Supreme Court has functioned in the exact opposite way to that of the Halachic scholar. The Court is result-oriented, where Halacha is process-oriented. The politicians who sit on the Court have for too long decided what legal conclusion they wish to reach, and then buttressed that conclusion with half-baked Constitutional pseudo-precedents or, more frequently, inventing new ones out of thin air. The Justices do not analyze the sources and reach an objective decision. Jewish law – some notable exceptions aside, such as the bias to free an Agunah – looks at the process, precedents, the facts and circumstances and renders decisions objectively, although not dispassionately. That is why the confirmation process today is so contentious; an impartial justice is not being appointed as much as another partisan politician is being elected for life and given a black robe.

The Scalia approach to the Constitution outlined above is quite similar to the way the Halachic jurist approaches the Torah, and here’s the rub: Scalia’s legal antagonists, those who wish the Constitution to be a “living, evolving” document, find their parallel in the non-Orthodox movements who view the Torah from the identical perspective. They also see a Torah that must evolve with the times, a Torah that must adapt to new values and bend to new and more powerful winds. To them, the morality of the Torah is always subject to change because of the new and allegedly “higher” morality as enunciated by each generation of modern man.

Thus, it astonishes, perplexes and vexes a Scalia-like Halachist that the non-Orthodox routinely embrace new values like pluralism, egalitarianism, feminism and others, force-feed them into the Torah system and emerge with a peculiar amalgam of laws and rituals that seem Jewish but only barely so. When the anchor of Torah is disengaged, what is left is a ship of Judaism that is buffeted by the prevailing winds and navigates unsteadily through the treacherous waters of modernity. It can never guarantee safe spiritual passage for any Jew, as history itself proves. Thus, it is no accident that so many Orthodox thinkers felt such a bond with Antonin Scalia; it was not only the policy but especially the process in which we found the symmetry of approaches.

Lest one exclaim that before anyone idolizes the Constitution we should recall that the Constitution permitted slavery (!), we should recall as well that so did the Torah. Of course, neither document (L’havdil, again) extolled slavery and favored its survival but rather recognized its reality and tried to limit and, over time, eliminate, its inherent excesses and potential for human degradation. (For the Torah view of slavery, see the appropriate section in my book “Tzadka Mimeni: The Jewish Ethic of Personal Responsibility” available here or at the top of this page.)

But consider as well that the Constitution contained within it the laborious process by which it could be amended, and in ways that could even contradict the intention of the Framers. An amendment was, in effect, the result of a new Constitutional Convention on one issue. Naturally, the divine Torah has no such provision but the Torah did give the Sanhedrin and the true Sages of every generation the right to make ordinances, and certainly to apply the Torah’s principles to new situations. That is how modern Halachists reckon with electricity on Shabbat, new technology that assists couples dealing with infertility, and sundry other issues – all in compliance with the divine vision. In that way, we adapt modernity to the Torah rather than adapt the Torah to modernity.

I only had the privilege of meeting Justice Scalia one time, and he was as many have described him: warm, gregarious, funny, sharp, and brilliant, and a great raconteur. Read his dissents, if only on the Obamacare cases and in the Obergefell decision to get a true flavor of the man and his mission.

His struggle in the American legal sphere will go on without his mighty pen and intellect. Not surprisingly, our parallel struggle in the Jewish world will go on as well, a struggle that should engage all Jews and in which we hope to reclaim our brethren for the world of Torah and the true service of G-d.

Kotel Controversy

Here in Israel, the recent Cabinet decision to segregate the Kotel (the Western Wall of the Temple Mount) into traditional/Orthodox and non-Orthodox, Western-influenced modes of worship have ignited passions on all five sides of the issue. From one perspective, the decision merely enshrined into law what had become a de facto non-Orthodox place of worship for several years already. From another perspective, the decision enshrines into law not only a violation of the status quo that had been in effect for more than fifty years, but also authorizes an especially vulgar violation of the sanctity of the holiest site in Jewish life. It’s not a mixed blessing but a mixed curse.
We start with the positive aspects of the decision. Permission to the non-Orthodox to hold sway over part of the Kotel defuses a major source of tension between Israel and part of American Jewry, and counteracts the incessant pressure and threats they make against Israel when they feel disrespected. Threats by Jewish secular politicians and the Jewish “religious” politicians to reduce their support for Israel if their demands were not met bore fruit, even if those threats were idle. (Remove the “Israel factor” from non-Orthodox life, and the substance of their Jewish commitment largely reads like the Bernie Sanders platform.) But reduction of acrimony is always a good thing.
Secondly, the decision has effectively banished the Women of the Wall and their provocations away from the main Kotel plaza and into the non-traditional section. This most certainly must stick in their craw, but does accurately define how the Torah world perceives them. Thirdly, as the location is not visible from the main plaza and need not be seen by traditional worshipers at the Kotel, the Kotel will no longer be a constant flashpoint for media stunts and public relations ploys. Rather, each Jew can choose his/her place of worship and not be affronted by the presence of the “other.” As such, it fulfills a pluralist vision, for those who worship in that temple. It purports to express a “live and let live” philosophy.
Sounds great? Here are the problems and they are serious. The decision, purporting to be accommodating, is one of the most divisive acts in Jewish life in decades, and perhaps not since the Reform movement’s patrilineal descent ruling in 1983. One of the greatest expressions of Jewish unity – that all Jews could gather at this sacred space, the remnant of the Holy Temple, and worship precisely as our fathers and mothers did for centuries – has now been shattered. The fraying bonds of Jewish unity will be further torn, hanging by a bare thread.
Secondly, and this irony should not be lost on any thinking person, the laws of Mechitza are derived (Masechet Succa 51b) from what took place on the Temple Mount. The fact that Jewish law requires a separation between men and women during prayer is derived from the very practice that took place on the Temple Mount that stands directly above the place where descendants of those very Jews are now brazenly flouting that very provision. So, why exactly are they there?
Some, to their discredit, have pointed out that there was no Mechitza in place at the Kotel until 1967, and generations of Jews prayed there in mixed or at least separate fashion. The ears that hear such a statement should tremble: for 19 centuries, the Kotel was controlled by non-Jews: Romans, Byzantines, and then for centuries, Muslims, followed briefly by the British. Should we act today in the sovereign State of Israel exactly as our enemies treated us – and the Kotel – during the years of our dispersion and persecution? To answer in the affirmative is to acquiesce in a breathtaking lack of Jewish pride, sense of Jewish nationhood and awareness of the historical moment. There was no Mechitza for centuries because our enemies, occupiers of Yerushalayim, did not allow it. And sovereign Israel should do the same?!
Additionally, even if we ignore for a movement that the Reform movement for generations rejected the concept of the Return to Zion, it still renounces the traditional Jewish dream and objective of rebuilding the Temple. Do they recite the thrice-daily prayer that the Temple should be restored speedily and in our days and the order of worship therein be restored? I think not. So, why exactly do they want to be there?
And the only way we identify the place in question as the Temple Mount is through the Mesora, the unbroken transmission of Jewish law and lore, that is rejected by the non-Orthodox movements. Indeed, the official position of the Palestine Authority is that there was no Temple Mount, fanciful and spiteful to be sure, but a clear denial of our tradition. (Not to belabor the incongruity, but the “Palestinians” are the group that lacks any tradition of living in the land of Israel for any appreciable amount of time.) In essence, Jewish groups that deny the Mesora are claiming their “right” to worship as they see fit in a place that is ours due to our Mesora and preserved by those faithful to that Mesora.
Furthermore, the non-Orthodox must surely concede that the way they wish to worship – mixed pews – is itself a violation of that very Mesora. And, although the decision currently prohibits the use of musical instruments or flagrant desecrations of Shabbat in the non-Orthodox zone, give that time. The will of the G-d of Israel, to them, must always defer to the gods of pluralism and religious freedom. Religious freedom is the freedom to construct your own religion. That is a Western value that animates too many Jews; but is it a Jewish value that should find expression in the holiest place in the holiest city in the holiest land on G-d’s earth? No.
It is inconceivable that the Vatican would open a Protestant church in its jurisdiction, or that Shiite sites might allow Sunnis to worship as they wish. (Given the world scene, free people can differ as to which scenario today is more unlikely!) Thus, allowing “all Jews” to worship as they wish in the name of pluralism engenders a variety of interesting possibilities? Jews for Jesus? Joint and commingled prayers among all religions? Should the new Kotel area become a venue for the performance of intermarriages? After all, one good Churban deserves another… On some matters “live and let live” shows a religious relativism that undermines what is sacred.
The decision, which I believe is well-meaning, harms the unity of the Jewish people, the sanctity of the place, and the integrity of Halacha, and those are in no particular order. It turns the Kotel into a shrine, in the worst sense of the term: the sanctification of a wall, of stones, with little consciousness of the G-d whose presence sanctifies the place, the G-d whose law we are enjoined to obey, and of the generations of Jews whose faithfulness and fidelity to Halacha kept alive the prophetic vision of Jewish national life that is now being realized.
There is something to be said for the notion that the Israeli-Jewish public is composed of a variety of tribes that has to find some way to co-exist, not just in order to deal with the real and pressing threats of our foreign enemies but simply because that is the way it has always been. In the ancient past, each tribe had its own character and interests, even if all were committed to Halacha. Our modern tribes differ in that commitment, and so historic compromises were made to foster co-existence. Control of Jewish status issues – marriage, divorce and conversion – were given to the Rabbinate. Public observance of Shabbat and Kashrut were guaranteed. Both commitments ensured the unity of the Jewish people. What is today characterized as “caving in to the ultra-Orthodox” was the simple recognition that the guardians of the Jewish faith and way of life – Torah-observant Jews, and not only the “ultra-Orthodox,” which the elitists use as a slur against a segment of the population that the average Jew is supposed to dislike – were best positioned to maintain the traditions, the unity and the faith of Israel. Here’s the open secret: we still are. That fact alone should promote a measure of deference to changes in the religious status quo.
It is unconscionable that Israel’s Chief Rabbinate and the Rabbinate of Yerushalayim were not consulted on this matter, and that the Rabbi of Kotel was consulted and basically ignored. The Minister of Religious Affairs was similarly not consulted. A neutral observer would likely conclude that matters of religious practice at the Kotel fall under the jurisdiction of any one of the aforementioned agencies. It is interesting that just two weeks ago Israelis were expelled from a building they had lawfully purchased in the holy city of Hevron because they allegedly did not have the appropriate authority from the Defense Minister under whose jurisdiction such purchases come. I suppose the difference between encroachments on the jurisdiction of the Defense Minister (who then unabashedly reverses the actions that were taken) and encroachments on the jurisdiction of the rabbinical authorities (which are ignored) is that the former has men with guns at his disposal and the latter do not.
What is well-meaning in the decision is not just the desire to reduce tensions in the Jewish world but also the attempt to keep the non-Orthodox in the fold, to limit the alienation they feel from Israeli life and Jewish destiny by placating them. The problem with this legitimization is that it almost closes the door to a complete return to true Jewish observance, and that is ultimately unfair to them and to their children. The reality is that the non-Orthodox movements exist – but the undeniable and tragic reality also is that their rate of assimilation, intermarriage and attrition from Jewishness is horrifying and catastrophic. We are losing souls, and the process of accommodation that the current decision implies has proven to be a failure.
The proof will soon be apparent. Some perspective is necessary and perhaps this too played a role in the decision. The fact is that the Kotel location will be available 24/7 but will be rarely used. Don’t expect a vatikin minyan or a midnight Maariv. Daily public prayer has not been a focus of the non-Orthodox for many decades, and the new space will be as unpopulated on a daily basis as are the non-Orthodox temples on a daily basis, notwithstanding that there might be a few exceptions. Their Kotel area, born in rebellion against G-d, will be a place for special events – and those who demanded it will still not be satisfied and will make further demands and threats.
I do recognize that there is even a difference between the informal use of the Robinson’s Arch area and official approval that ratifies a new situation. But can it be stopped? In this regard, there have been many unfortunate Israeli initiatives in the past that have been thwarted by the Arabs. As if on cue, the Wakf, the PA and the Jordanians have expressed their vehement objection to the plan. Expect the resurrection of the deceitful Arab claim that Israel is trying “to undermine Al Aksa.” Indeed, the location here is closer to Al Aksa than all the other times this lie was uttered; this too is a lie but Arab lies often affect Israeli policy. The plan may have to be abandoned in order to forestall Arab rioting.
Additionally, the Jerusalem Post reported last week that 60% of Israeli Cabinet decisions are never implemented. Many are announced to great fanfare and receive significant media attention – and then, nothing. One example: a Cabinet decision around ten years ago to move all (or most) government ministries to Yerushalayim. The politicians were lauded, the hypocritical world was outraged, the West denounced it, and since then, nothing. One reason suggested was the lack of money to implement many decisions, notwithstanding the great enthusiasm generated when they are announced. A better reason might be the frequent change of governments and ministers, each with their own priorities, which sees these pronouncements place on the back burner.
Who knows what the future of this decision, scheduled for next year, really will be? What is more pressing than accommodating all types of worship at the Kotel is the disastrous loss of souls to the Jewish people. To my mind, this will hasten that process, not delay it. Worse, the place on earth that was most suitable to unite all Jews will no longer exist in that form and serve that purpose.

I once heard Nechama Leibowitz z”l quote her brother as suggesting, after the Six Day War, that Israel should return the Kotel to Jordan. Otherwise, the day won’t be far off when Jews will turn the Kotel into a “Discotel.”   Those who are rejoicing should take notice, and focus more on substance than on symbols.

Hilarious. Not.

Hillary Clinton remains the odds-on favorite to win the presidency, and a more depressing opening to a column is difficult to conceive. She is front and center in the decline and fall of the American political system and a prominent exhibit in how the bar for presidents has been reduced almost to ground level. Consider the following.

Go and watch the movie “13 Hours” about the heroism of the US Special Forces team who saved dozens of Americans from certain death in Benghazi. If you can overlook the earthy language typical of militaries, one thought emerges from the aftermath of this diplomatic debacle: the utter irrelevance of Barack Obama and Hillary Clinton during the assault on the American compounds there. The American President and the Secretary of State, the two individuals primarily responsible for the safety and security of American diplomatic personnel abroad, were simply AWOL.

When the phone rang with the emergency at 3:00 AM, Hillary Clinton didn’t answer, turned over, pulled the blanket and pillow over her head and went back to sleep.

One can debate whether this was incompetence or venality. Both politicians are completely unmentioned in the movie, and the only indirect reference to subsequent events is when, almost eight hours into the assault, an American television feed reported that in the US officials were saying the attack was a “street protest,” one of those under assault said: “Street protests? There are no street protests. What are they talking about?” The Clintonian explanation falls short; there wasn’t the fog of war as much as there was the murk of mendacity.

There were two main failures. The first was the refusal by Clinton to bolster security at these compounds despite intelligence warnings – and prior and repeated pleas from the Ambassador –that such was needed, and long before the Arab terrorist strike occurred. The second was the refusal by Obama and his underlings to order American Special Forces stationed in Italy – just four hours away, and fueled and ready to go – into Benghazi on a rescue mission. Of the four Americans who were murdered, three were killed more than ten hours after the assault began. Repeated radio requests for assistance were simply turned down without explanation.

It is easy to understand how Obama’s dream of becoming the first President in almost a century not to send American forces into combat on his own accord has cost and will cost American lives. It is even easier to understand the price the United States has paid across the globe for such fecklessness, and it underscores the bravery of the troops who fought and fight without the support of the ruling political establishment but for love of country and their brothers in arms, honor and duty.

Some of these points were raised in the risible Benghazi hearings in Congress, a spectacle that did not do justice to the men who fought and the politicians who let them down. To the mass media, Hillary Clinton emerged the victor, presumably because she didn’t break down on the witness stand and confess her guilt. The fact that she lied repeatedly (classic takeaway: the email to her daughter blaming the attack on Al-Qaeda elements at the very same time she’s peddling to the public the lie about the Mohammed-mocking video as the proximate cause of the attack) was willfully ignored, perhaps because Hillary Clinton lying is not exactly breaking news. (I met her in 1992, sat three feet from her across a table, and asked her two questions. Both answers were lies. This was four years before the late Bill Safire labeled her “a congenital liar.” Today, even provable lies are ignored because they are so commonplace.)

But the hearings were designed to fail. Rather than have one or two lawyers ask questions, the

sessions were a merry-go-round, with too many preening politicians and others simply fawning for the camera. There were too many participants with too little time to accomplish anything substantive, much like the current Republican debates.

A number of Republican representatives asked probing, uncomfortable questions, but even those questions took far longer than necessary considering the limited time each questioner had. All Hillary had to do was obfuscate for three or four minutes, even under tough questioning, and the session was over. Well, not quite over, because the microphone then shifted to the Democrats who pummeled her with brutal questions such as: “On a scale of 1-10, how great are you, 20 or 100?” Or, “These hearings are terrible. Will you ever be able to forgive us?” Vicious, nasty questions that somehow she was able to parry…

There was none of the momentum that examiners seek to develop when a hostile witness is being questioned, no continuity in the interrogation, and too much opportunity given to her to ramble and kill time. First-year law students would know to frame questions that required just a yes/no answer, and first  year associates would know how to follow up and focus on points when she was caught dissembling, rather than abruptly shift the line of questioning.

There were inconsistencies, ineptitude, lies, and policy failures all exposed but they were lost in the sea of befuddlement and bewilderment that did a disservice to the country and the victims.

It is clear that both Obama and Clinton prioritized saving their necks and developing cover stories rather than explain what they did or didn’t do, why assistance was not sent, and why people were left to die, all in order to protect a political narrative. Few will remember how, for almost two months after September 11, 2012, CBS hid an interview with Obama at the time in which he declined to label the attack “terrorism,” and even fewer will remember how Candy Crowley – the “moderator” in the CNN debate between Obama and Romney – leaped to Obama’s defense with an utter falsehood.

It is outrageous that Hillary is never asked about this matter but even to be asked about it at this point would not make a difference. The Obama team has perfected the two-step dodge. When they are asked about something nefarious or corrupt that has happened, they say they cannot answer because the matter is under investigation. That investigation then takes months. If the investigation is ever finished, and the results are even detrimental, they then say that “this is old news that has already been investigated,” or “you should ask the Justice Department.”  If only Nixon had been this clever; well, even that might not have saved him, because at the time there were Republicans in Congress who actually had a functioning conscience. If there is a Democrat in Congress who has a conscience and is not a partisan hack, please identify yourself.

Even the Clinton email scandal has been buried under an avalanche of falsities, prevarications and sheer corruption. It is obvious that she broke the law multiple times through the mishandling of classified information. It is unconscionable that she will likely get away with it. Even if the FBI recommends an indictment, the US Attorney need not prosecute, and even if she is indicted, Obama can always issue a complete pardon. And even if she was indicted and not pardoned, the Democrat electorate today is such that they would vote for her anyway.

She has evaded real scrutiny by claiming to have made a “mistake”  out of a desire for convenience, and that has so far successfully concealed the real scandal: not the server itself but the reason why the private server, walled off from the prying eyes of the public, the media and prosecutors, was used in the first place. My guess is – and this has been reported without much publicity – that the private server was necessary to monitor and delete at will proprietary information relating to the management and activities of the Clinton Foundation, one of the biggest pay-for-play entities in the world. Bill and Hill created this lucrative organization as a money-producing machine, hidden from the public eye, in which, under the guise of doing “good works” (apparently, barely 10% of their intake of hundreds of millions of dollars annually is spent on anything productive) they use the machinery of government to assist their donors with contracts and contacts. They rake in tens of millions of dollars every single year, and it seems there are numerous people just out of government on their payroll.

It is interesting how the latest reports revealed that all the revenue is funneled to a Canadian charity, which then subsidizes the Clinton Foundation with its largesse, all benefiting from Canadian law that shields the identities of donors to charitable organizations – unlike US law.

And the whole scam depends on Hillary Clinton being elected to the White House – a windfall to all their donors if she wins and a great misfortune to them if she loses. There is a lot more riding on this election than the future of this country and the free world.

Only someone counting on the ignorance of the electorate could proclaim herself a “proven fighter” (for what? Against who or what?) and a “proven leader” (for who and for what?) and get away with it.

As New York Senator, she accomplished nothing – no major initiatives, no legislation, no ideas  – although I have heard she did provide good constituent service. And as Secretary of State? Forget for a moment that the world is in a shambles, and that the situation in every area of the world has deteriorated. Forget that the Middle East is aflame, that she has open disdain for Israel’s Prime Minister and a blind spot when it comes to Israel’s true interests, that relations with Russia have been “reset” to the Cold War, that Europe is being overrun by Muslims and their terror, that traditional US allies are dismayed or dejected at their treatment from this administration, that the United States on her watch ceased being a world leader, that nuclear proliferation among evildoers is the real legacy of this administration, and that the forces of malevolence across the world are on the march.

Forget all that and ask a simple question: is there one place on the globe where Hillary Clinton as Secretary of State was able to advance a single American foreign policy interest – the very task of the office she held? I can think of none. And that qualifies her for … a promotion? Only in America.

The current disarray in the Republican Party –some of it natural to the primary process, some of it sidetracked by side shows – does not bode well for the election or the country. The media will protect Hillary like an etrog, even in the unlikely event that she is indicted. They have that much invested in her election.

But not as much as Hillary and her donors have invested. And there is nothing hilarious about that.

 

The Birth of a Religion

Last Thursday night, a Philadelphia police officer was shot in cold blood and wounded by a man in Muslim garb, shouting Islamic slogans, and purporting to act in the name of ISIS. Jim Kenney, the Mayor of Philadelphia, was quick to shoot down the assailant’s own stated motive: “In no way shape or form does anyone in this room believe that Islam or the teaching of Islam has anything to do with what you’ve seen on the screen. It is abhorrent. It is terrible and it does not represent the religion or any of its teachings. This is a criminal with a stolen gun who tried to kill one of our officers. It has nothing to do with being a Muslim or following the Islamic faith.”

This follows the playbook crafted for many years by President Obama, who resolutely rejects the notion that there is such a thing as “Islamic terror,” “Islamist terror,” “radical Islamic terror,” or any and all associations between terror and any Muslim. ISIS “has nothing to do with Islam;” that is to say, Islamic State is not Islamic and also is not a State. Its entire name is a lie! Leaving aside the question who is Obama to decree what is or isn’t Islamic (how can he speak in the name of Islam when he denies being a Muslim?), his renunciations would be more credible if they were applied universally to other groups.

For example, the rare attack by a white on a black in America is never a crime committed by one racist criminal but always a sign of the endemic racism that infects all of white America and a legacy of slavery 150 years ago. It reflects on everyone, not just the individual perpetrator. The rare attack by a Christian on an abortion clinic is always a sign of the radicalization of Christianity in America, spurred on by radical priests and ministers. All Christians are expected to take responsibility for the acts of the individual. The president and his minions have never been heard saying “This has absolutely nothing to do with Christianity.”

And Jews? The even more rare attack by a Jew on anyone is always met with communal guilt and recriminations, and a failure of the perpetrators’ parents, grandparents, teachers and neighbors. If a Jew jaywalks (shame on him!), he and his community will be denounced by Jewish organizations across the world. He will be subjected to public ridicule. Commissions and committees will be formed to deliberate where we as a people went wrong to produce such miscreants, whether or not the appellation “chosen people” is still deserved, and speculate whether there is any hope for the Jewish future. If he is an Israeli Jew, the UN Security Council will condemn him an, depending where he jaywalked, accuse him of being a war criminal.

The acts of an individual – Jew or Israeli – are always perceived by this government and the political left as a sign of the moral decay caused by the “occupation” and the rot at the core of Jewish society. It is never – never – construed as just the act of an individual lacking any connection to Judaism or Israel. It is always perceived as a reflection on Judaism, otherwise it would not be a shonda(!).  We should be able to avoid the specter of the shonda (!) by saying that they perpetrator should not be considered a Jew and his act has nothing to do with Judaism. But we don’t.

And one need not look further than the misdeeds of a couple of rabbis in the last few years, and the screaming headlines and seething discourses on the failed state of the rabbinate.  All rabbis are somehow tainted and suspect and require re-training and supervision. It is never the individual; it is always the group. Except when it comes to Islam.

Well, everyone can’t be wrong. And there are Muslims who denounce the terrorists, the terror, and lament the perversion of Islam, as Obama is quick to emphasize. If it isn’t Islam, then what is it?

The terrorists have invented a new religion, and we have just been to slow to acknowledge it. There is a religion called “Islam.” There is a new religion that should actually be called “Is-not-lam.”

Islam is a religion of peace that respects all mankind and is tolerant of all religions. Isnotlam is a religion of war, permanent and perpetual holy war. Islam treats all people with respect and dignity and affords them basic human rights. Isnotlam is locked in an endless struggle against all non-Isnotlamists who are heretics, fiends and infidels; indeed, Isnotlam even targets Muslims and has murdered more Muslims than it has murdered non-Muslims.

Islam represents the submission of the individual to God’s will and sees life as a paramount value. Isnotlam sees death and martyrdom as desirable – the epitome of one’s life work – and the application of that value to others, willing or unwilling, as a fundamental religious commitment. Islam co-exists in peace and harmony with all nations and creeds. Isnotlam seeks world domination and the imposition of Isnotlamic law on every other person on the globe even at the point of a sword.

What makes it especially confusing to the outsider is that both Islam and Isnotlam revere the same texts, dress in similar ways, speak the same language and abide by many of the same customs. But Islam underscores the tolerant portions of the Koran, whereas Isnotlam has distorted the Koran into something that is unrecognizable to the true Muslim. It makes it very difficult for the outsider to distinguish between the true Muslim and the Isnotlamist.

Muslims justifiably do not want to be lumped together with Isnotlamists, and do not want the actions of a few tens of millions Isnotlamists to reflect poorly on them. And what is particularly outrageous is that the Isnotlamists do not hesitate in judging other individuals by the groups to which they belong. They will wantonly murder Jews all over the world because they have a grievance with Jews or Israelis in Israel. They will wantonly murder Christians, Muslims, Hindus, Buddhists, Kurds, Yazidis, and others – Americans, Europeans, Russians, Africans and Asians – only because they are part of a disfavored group (i.e., everyone else on the planet) and not because of any particular grievance they have with those individuals.

The relentless insistence by Obama and his acolytes that persistent terror by Muslims has absolutely nothing to do with Islam sounds ridiculous and clueless until one realizes – as sadly, the President has not yet – that the problem is not Islam  but the new faith, Isnotlam. We are at war with Isnotlam, and would Obama recognize that and swiftly. Isnotlam through its various constituents – ISIS, Al Qaeda, Boko Haram, the Taliban and assorted other groups – is causing tremendous harm across the world and has intensified its threats to all non-Isnotlamists.

Rather than saying what the terrorists are not – Muslimsand whose ideology they are not following – Islam – world leaders should boldly declare war on Isnotlam. We can only hope and pray that Isnotlamists are outnumbered by the good people on whom they are inflicting death, suffering and fear, and that those good people – freed of any accusations of Islamophobia and the like – can prevail in this world war.

And, apologists for terror, please don’t accuse me of Isnotlamophobia. We live in very serious times and cannot be distracted in this struggle, the civilized world’s quest for victory and survival. It would certainly help the cause if followers of Islam unequivocally denounced the followers of Isnotlam.