Falling Down

Do you remember when the great Willie Mays fell down chasing a fly ball during the 1973 World Series? Here was Mays, one of the most graceful and agile athletes ever to play center field, author of some of the most remarkable fielding plays in baseball history, and now 42 years old, playing for the Mets in the last days of his outstanding career – and tripping over his own feet. It was a sad end to a distinguished career.

I couldn’t help thinking of the “Say Hey Kid” while watching Robert Mueller’s rambling, awkward, uncomfortable and disjointed testimony before two Congressional committees. It was clear that he was out of his element, unfamiliar with much of the report that bears his name that he clearly did not write and arguably did not read. He seemed to be suffering some of the natural effects of aging – and suffering even more (as I have seen with other distinguished people), from shady handlers and manipulators hiding behind Mueller’s reputation for probity to carry out the nefarious schemes of the Resistance.

Mueller responded, well over 200 times, with some variation of “I cannot respond,” “that is beyond the purview of the investigation,””I don’t remember,” “I don’t recall,” “If it’s in the report, it is accurate,” “I can’t get into that,” “can you repeat the question?” and the like. He erred in identifying the name of the president…who appointed him a United States Attorney. He fumbled for words, obvious words. He was surrounded by handlers who seemed to prop him up and feed him lines, not a principal in the process but a figurehead.

And that makes the composition of his investigative team so suspicious. Did he really not know the politics of his staff attorneys and investigators? Was he unaware that all supported Hillary Clinton and a half dozen contributed money to her campaign? Did he even ask?

Had Hillary Clinton been a defendant in a criminal case (or Donald Trump, for that matter), and these attorneys had been questioned about their fitness to serve on a jury, all of them would have been barred for potential bias. It is an obvious conflict, and an obvious question that should have been asked of each of them: did you contribute to or actively participate in either campaign? That it was not is a clear indication of Mueller’s manipulation.

As was this: the unethical and un-judicial standard of a potential defendant not being exonerated. Such a thing is unknown in our – or any – fair-minded judicial system. The presumption of innocence is sacred, for several reasons including the impossibility of ever proving one’s innocence of anything. After all, there might be no evidence of criminality now but who’s to say such evidence won’t appear in a month, year or decade from now? That is why prosecutions require the foundation of probable cause that a crime was committed (a standard that was not even met in this case) and conviction requires proof beyond a reasonable doubt.

That such deference was not granted to Donald Trump is outrageous.

As was this: the only evidence of collusion between a candidate and a campaign was not investigated by Mueller. That was the Clinton’s campaign’s solicitation of and payment for the salacious and unverified Steele dossier published in Russia that was used to facilitate spying on American citizens. (Unmentioned were the tens of millions of funneled by foreign entities to the Clinton Foundation, which mysteriously has packed up its tent and disappeared.) “Beyond the purview of my investigation”? That was supposed to be the essence of his investigation. Mueller should have just admitted that the purview of his investigation was to dig up any material on Trump, and present it without the right of cross-examination or any substantive challenge.

The horrors of Russian interference that purportedly disrupted and corrupted American democracy has still not quite been explained. What did they do? Meet with campaign officials? I assume that the campaigns on both sides met with foreigners representing several dozen countries. I myself greet several Russians every week. Is that collusion?

Apparently they purchased ads on the Facebook that influenced…who exactly? As the joke (by now, old) goes: did the Russians convince Hillary not to campaign in Wisconsin? Even Bill thought that was a big mistake. What did the Russians do that influenced the election? And note that the conflation of “Russians” and “Russian government” is not at all warranted without further evidence.

Politicians are almost always duplicitous and labor to sound pious and sincere, but let’s be frank: do foreign governments take an interest in American elections? Of course they do. That is because most countries’ interests will be furthered by one side winning and hindered by another side winning. It is why the US routinely interferes in Israel’s elections, with the Obama State Department even being censured by Congress for spending American money to try to defeat PM Netanyahu in 2013. The British, French, Germans, Italians, Australians and Israelis all have an interest in who the American president is. As do the Russians, Iraqis, Iranians and Pakistanis. Sometimes countries will overtly favor one person, other times they will covertly support one over the other, and some countries – usually adversaries – will try to acquire dirt on both parties to hedge their bets and use the information to their advantage in future relations. That has been a Russian tactic for decades – and one of a nation’s most common uses of its intelligence agencies (and even diplomatic corps) is to gather information on candidates and positions, predict outcomes, and try to reach out to any and all campaigns. I doubt that the Russians are atypical, as I don’t doubt that the US does the exact same thing in other countries. (See the histories of Chile, the Philippines and Iran for just a few examples.)

The whole process has been a bizarre farce since the beginning and has corrupted the American legal establishment in ways that will reverberate for quite a while. The tendentiousness is blatant. The misstatements by so many Dem representatives were reprehensible. It is clear that collusion (if it did occur) is not a crime. Period. So, can a person obstruct justice to impede an investigation into a non-crime? That seems more like obstruction of injustice. Does one obstruct justice by asking an investigator, prosecutor, or judge to go easy on someone? If so, that type of “obstruction” occurs every day, and I have probably violated it hundreds of times. But that is not obstruction. Nor is ranting in private about the injustice of it all, nor is calling a political witch hunt a political witch hunt.

There were repeated references to Michael Cohen pleading guilty and going to prison for “campaign violations.” Well, that is an obvious falsehood. Cohen was prosecuted for tax evasion and fraud having nothing to do with Trump – and admitted to a host of other violations simply at the behest of prosecutors who would not otherwise have accepted a deal. Just because he pleaded guilty to a campaign violation does not even mean that there was a campaign violation, as anyone who has ever pleaded guilty to a seat belt violation instead of a moving violation can attest.

How Trump won remains a mystery only to elitists who know little about the country in which they reside but pontificate about all the time. It seems pretty apparent that the Dems hope to perpetuate these investigations through 2020, hoping that the country tires of Trump and the whole tumult. But the danger to the country is enormous – not just the indifference of politicians to the real problems the country faces but also the harm to its international reputation, the invitation to even more insidious interference in the future, the corruption of the legal process, and the nightmare of an agency with limitless power focusing its enmity and unlimited resources on a political target. That is the stuff of banana republics.

When the Torah taught us “Justice, justice, you shall pursue”(Devarim 16:20), the Kotzker Rebbe explained the redundancy by averring that justice must be pursued only through means that are just. Justice is distorted when the means to attain it are perverse.

Let Mueller rest and retire. He had his Willie Mays moment today and it is sad to end a distinguished career on such a depressing note. But, had I been on the committee, I would have closed with this statement:

Mr. Mueller: “There is compelling evidence that your staff was biased against Trump from the beginning and that you purposely omitted or ignored exculpatory evidence. You may not be guilty of prosecutorial misconduct – but nor have you been exonerated of it.”

Unfortunately, those who think that will be the last word on this matter will be sorely disappointed. And Jews – and Jewish organizations – that fail to appreciate this President’s pro-Israel and pro-Jewish policies, and can never find a good word to say about him, are both foolish and ungrateful, and will yet be called to account by the Jewish community and all right-thinking people.

 

Who is First?

Election campaigns are so much fun that Israel is having two within the span of four months, providing daily entertainment if you sift through the vitriol. American elections are different because the dates are defined in law, unlike Israel’s parliamentary system, but they are also so much fun that American political campaigns are very, very long. Perhaps it is better said that they never end – the permanent campaign in which winning matters much more than governance. Israel’s election campaign, while unnecessary, is also mercifully short.

For all the volatility of American politics today – the endless feuding, screaming, dysfunction, real accusations, false accusations and and occasional hilarity – it is downright tame, even stable, compared to what is going on here in Israel. Having a polarized and divided society is the fate of many democracies today, which can be a strength (no group becomes excessively powerful) or a weakness (nothing really ever gets done). But to hold two elections within a few months is bizarre, especially since the electorate hasn’t changed. The configuration of Knesset seats is also likely not to change that much, although I do suspect that Binyamin Netanyahu – who just became Israel’s longest serving prime minister in history, exceeding David Ben-Gurion’s tenure – will not be the prime minister one year from now.

What is especially unusual, and somewhat irksome, is that the right-wing religious parties have fragmented into so many different groups that they are also undermining themselves, as they did in 1992 resulting in the Oslo catastrophe. I count one, two, three, four, five and maybe six parties or maybe more parties that on some level have support of the Religious Zionist community – all reflecting what Sigmund Freud called “the narcissism of small differences.” There is the Bayit Hayehudi, the remnants of the old Mafdal; the New Right party of Naphtali Bennett, who gambled and lost when he abruptly left the party he founded to start his own. (Was it a wise move? Well, the modern philosopher, political theorist and ex-basketball player Charles Barkley once said that “the only difference between a good shot and a bad shot is whether or not it goes in.” If you shoot and miss, it’s a bad shot. Bennett shot and missed.) There’s the Zehut party, angling for a Torah state in which marijuana is legal. The Yachad party. Otzma Yehudit on the far right. The new Noam party inhabiting similar quarters. And even the Likud has a fair share of Religious Zionists in its list. And I have probably overlooked one or two equally redundant parties.

That’s a lot of parties, with nuanced differences but primarily espousing similar views, the “narcissism of small differences,” but that has and will result in cannibalizing their voting base. Bennett’s party and Feiglin’s party threw away about 5 seats, 250,000 wasted votes in April’s election. If those votes had counted, there wouldn’t have been a need to rely on Avigdor Lieberman’s party – which everyone assumed would join the right-wing coalition until he decided not to join and embarked on an anti-Torah campaign that he hopes will improve his electoral prospects. One would think that the dissipation of votes, power, and influence in the last election would engender some humility, a contraction of the parties and a willingness to work together for common goals. After all, agreement on 80-90% of the issues at hand should count for something.

What induces all these candidates and parties to run, to highlight their small differences, and then fail to work together to form a coalition? It’s old story that never ends, even if we assume that everyone is sincere.

The Gemara (Sanhedrin 102a) discusses the sad tale of Yerav’am ben Nevat who split ancient Israel into two kingdoms, reintroduced idolatry (building his own golden calves), a person who saw himself as royalty, but who also possessed tremendous spiritual potential. The Sages noted that notwithstanding that he “sinned and caused others to sin,” he was also a Torah scholar whose Torah had no defect but was completely perfect. All other scholars were before him “like shrubbery.”

And, typically of this type of talented individual, the Gemara says that, in a prophetic vision, “G-d grabbed hold of Yerav’am’s cloak (apparently in order to shake some sense into him). And G-d said, ‘repent, and I, you and King David will stroll together in Paradise.’” Together, we can perfect the world!

But then “Yerav’am asked, who goes first? And G-d said, David goes first. And Yerav’am responded, if so, I can’t. I don’t want it.” Either I go first or I don’t go at all.

Mi Barosh – who goes first? – is such a destructive syndrome. Who will lead? Who is in charge? That ailment destroys people, societies, and nations. It destroyed Korach in his time and Yerav’am in his. It makes politics so superficial and allows problems to fester and never get resolved. Yerav’am was so jealous of the Davidic dynasty hat he felt disrespected even to walk behind the true king; he had to be first.

This Mi Barosh malady is harmful to marriages, to families, to shuls and communities. It is so ancient and so commonplace that one would think we would be aware of it, recognize it, and carefully scrutinize our motivations, decisions and actions. Sadly, we don’t, and even sadder, Mi Barosh is the rule, not the exception. The multiplicity of parties in Israel, and the cavalcade of candidates for the Democratic nomination for president, all reflect this fundamental human weakness. People will give up their lives, their spiritual destiny, their families, their wealth and their friends, and all for just a little honor, or a little more honor than the next guy.

Mi Barosh underwrites – and undermines – much of the political scene today, and the results could be quite unpleasant, as they were when Yerav’am maneuvered his way into the kingship of Israel and an ensuing rift in the Jewish society. And each person understands this, and each thinks that the other should therefore give way. Mi Barosh.

If we understand this on a personal level, we will have made great progress. To understand this on a national level will take a bit longer. Maybe it is happening now with a re-configuration of leaders on the right – but perhaps it will not be fully appreciated until the exalted son of David redeems Israel and the world. The sooner the better.

 

The Moon and the Jews

(Published as an op-ed in the Jewish Press, July 19, 2019)

     Fifty years ago this week man first walked on the moon, something fantasized about by human beings since ancient times. It was a triumph of human ingenuity that united all of mankind for a brief moment, and that, in the summer of 1969, brought a brief respite from the turmoil that tormented American life – a summer noted for mayhem (the Manson murders), music (the Woodstock retreat) and endless marches against the Vietnam War.

I missed all of that, spending my first summer in Israel and not yet Bar Mitzvah. I recall standing on July 20, 1969, with many others, on a street corner in Netanya looking at the grainy black-and-white television images of the first steps on the moon. The excitement was palpable. Earth’s moon was our gateway to space and the universe beyond. And then, oddly, the attraction of landing men on the moon faded quickly. No person has touched the moon’s surface since 1972. What happened? And is there a Jewish perspective on this accomplishment?

The scope of the moon program and its ancillary achievements were astonishing. More than 400,000 people worked for NASA on the space program and the inventions that were largely unknown byproducts of the drive to land a man on the moon transformed our world – everything from scratch-resistant lenses and anti-icing equipment to the first widespread use of Velcro, microchips, MRI’s, and the gravity-defying space pen (before the space pen, the astronauts used… pencils).

The drive to land a man on the moon and return him safely to earth came about for the most prosaic reason: a desire to supersede the Soviet Union whose space program was then more advanced and successful. And it was fraught with danger that, in that era of stoic and understated heroes, was downplayed. But a fire aboard Apollo 1 during a launch pad test killed three astronauts in 1967. Less than a year after the successful landing, Apollo 13’s flight to the moon was aborted after an oxygen tank exploded on board; that crew returned safely. We have witnessed two space shuttle explosions in the ensuing decades.

The Apollo 11 astronauts were flying into uncharted territory. All precautions were taken but the slightest mishap – as happened other times – would have taken their lives. President Nixon had a failure speech prepared in case Neil Armstrong and Buzz Aldrin were stranded on the moon, lauding their courage and inspiration. Indeed, it was not known for many years that while exiting the Eagle moon landing craft, one of the astronaut’s backpacks had broken the switch on the computer that armed the engine! Fortunately, Buzz Aldrin inserted a simple pen that he brought with him – and the system worked (Newsmax, July 2019).

Strange as it sounds, Jews have always had a special relationship with the moon. We count our months according to the moon’s cycle (Masechet Sukka 29a) and as a nation are compared to the moon (Midrash Tehillim 22). The moon was singled out for creation on the fourth day, and it is the only aspect of creation that perceptibly changes shape every day before our eyes, waxing and waning every month and thereby meriting its own beracha upon its monthly reappearance. It seemed so close and yet so unreachable that the text of the accompanying tefilot characterized the moon as “aini yachol lingoa bach,” I cannot touch you. And yet touch it we did. One rabbi quickly opined that we should no longer recite that phrase; he was overruled. For all but twelve men, the moon remained untouchable, part of our world but literally beyond our grasp.

Poskim debated whether or not there was an obligation to observe mitzvot on the moon, with some claiming that mitzvot were mandated only “on the earth” (Devarim 12:1). That proposal never got off the ground. A joke circulated about the Jewish astronaut who reported on the difficulty of his mission orbiting the earth: “It was amazing, except for every 70 minutes – Shacharit, Mincha, Maariv, Shacharit, Mincha, Maariv…” In reality, there have been more than a dozen Jewish astronauts – Americans, Israelis and one Soviet Jew, Boris Volynov, who in January 1969 became the first Jew in space.

For all the exhilaration of the moment, the next moon landing just four months later drew much less attention. By 1972, missions were being canceled due to budget cuts. The late Eugene Cernan remains the last human to have walked on the moon, on December 17, 1972. Almost as quickly as man arrived, he determined that there was no reason to return.

Great moments of joy are often followed by emotional deflation. The feat, once achieved, no longer energizes. We remember the first person to do something, much less the second, and not at all the tenth. The space program stumbled in this essentially human way, the sense of “been there, done that, now what?” The mystique and enchantment of the moon landing fell victim to cost-benefit analyses and financial constraints. A fantasy fulfilled simply begets another and different fantasy.

And perhaps this as well: The American culture of the 1960’s and 1970’s eroded the nation’s moral core, and government failures – ethical, military, diplomatic and economic – sapped the people’s trust in the traditional institutions of American life. The contrast between the harmony in the heavens and the chaos on earth was too glaring – wars, massacres, human suffering and misery, and the emergence of new challenges and adversaries, all on earth – to justify spending resources on space without any immediate benefit. And Americans, now caught up in the throes of a consumerist and increasingly libertine society, prioritized pursuit of pleasure in the present over adventure in the great beyond. Man’s intellectual and technological achievements often carry a whiff of “my power and the might of my hand have accomplished all of this” (Devarim 8:17). Success feeds the ego in a potentially destructive way but also leaves man looking for new hills to climb and different hurdles to overcome.

Of course, there was and is another way to approach this, and why the 50th anniversary of the first moon landing evokes such nostalgia and good feeling. It is because the grandeur of the universe also reminds us of the smallness of mankind, underscoring our humility in the face of the Creator and His creation. “When I see Your heavens, the works of Your hands, the stars and the moon that You brought into existence. What is a human that You are mindful of him, the son of man that You remember him? Yet You made him slightly less than the angels and crowned him with glory and splendor” (Tehillim 8:4-6).

From this great distance, the astronauts reported, the earth looks so small and peaceful. If only we embraced that perspective, then our humility, ingenuity and commonality would impel us to imbue this planet with G-d’s presence and an eagerness to obey His will. For one fleeting moment fifty years ago, that perspective became possible – an eternal tribute to those whose courage revealed for all the extraordinary frontiers of human potential.

The Intermarriage Ruckus

The Midrash Tanchuma (beginning of Parshat Balak) notes that the nations of the world were also given a prophet – Bilaam – and underscores the difference between that heathen prophet and our Moshe. “Moshe warned the people against sin, while Bilaam encouraged a breach (in moral norms) so as to destroy people’s [spiritual potential].” Moshe’s world, and his Torah, contains moral strictures and eternal guidance; Bilaam’s world is a hedonistic free-for-all that causes chaos to man and havoc for the soul.

Rav Rafi Peretz, the soft-spoken Rosh Yeshiva and current head of the Bayit Hayehudi party here in Israel, raised the ire of the easily ired by terming the intermarriage rampant among American Jews a “second Holocaust.” He was apparently unaware that using the Holocaust as an analogy to anything is the exclusive province of one secular American Jewish organization. Of course, the error in using the term, if it indeed was an error, was that it enabled his intended targets and their defenders to avoid dealing with the substance of his remarks – uttered with love and genuine concern – and obsess over the Holocaust itself. But if he had not used the analogy, then his heartfelt critique would certainly have been disregarded, so let’s get real.

The reference was otherwise unremarkable, as provocative as some deemed it. Analogies of the Holocaust to assimilation and intermarriage have been made for decades, by personalities as diverse as Golda Meir, Emil Fackenheim and scores of kiruv professionals. As I remember hearing it in the 1970’s, someone opined that it matters little “whether a soldier is killed in battle or shirks his uniform and flees the battlefield; both are lost to his nation’s war effort.” We can certainly parse the distinction – the soldier who falls in battle does so advancing the interests of his nation and dies a hero. The deserter is a cowardly traitor. There is a difference in assessment and cause – but the effect is the same. Both can no longer contribute to the country, and in that regard the analogy holds. Assimilation does give Hitler a posthumous victory and the intermarried Jews and their offspring are generally lost to the Jewish people.

So why the indignant attacks on Rav Peretz for pointing out the obvious? Well, these days, pointing out the obvious is a risky proposition, as sundry groups allied with leftist, anti-religious or progressive causes tolerate only one viewpoint: theirs. And one cannot rule out the political dimension, as Israel is undergoing another election campaign and there is an inordinate desire to besmirch the religious parties in any way possible. Just today, a veteran Israeli journalist, known for his anti-Torah views, rhetorically asked an interviewee if Rav Peretz is “chashuch” (unenlightened, in the most charitable definition), because in another fabricated “controversy” he failed to toe the PC line and oppose the only form of psychotherapy banned today for political, not practical, reasons, and despite his claim to have experienced some measure of success with it. Alcoholism and other addictions, anger, depression and the like can be treated (and not always successfully because there are always bad therapies, bad therapists, and individual free will) but only one condition under the sun can never be treated, even if a person wants to seek treatment freely, of his or her own volition. Certainly no one should be coerced into any therapy but prohibiting people from seeking help of their own accord is neither enlightened nor scientific.

And isn’t hearkening back to the culture and morality of Hellenism and ancient Rome the very definition of “chashuch?” After all, it was the darkness of Greece that the lights of Chanuka came to illuminate, to enlighten the world forever with Jewish moral ethics. That is a Jewish approach born of Jewish sources rather than modern sociological and political trends.

So who would be offended by referring to the intermarriage and assimilation as a “second Holocaust,” a “silent Holocaust,” and the like? Could it be the intermarried themselves who have already made their choices and are tenuously connected to Jewish life as it is? As noted, intermarriage lacks the coercive aspects of the Holocaust genocide even if the result is the same. But don’t they know that intermarriage is (was?) a taboo, and the death knell of Jewish continuity? Of course they do.

Politics aside, it would seem that the offended include those who defend, support and have even acquiesced to intermarriage, and number in their ranks a couple of pseudo-Orthodox rabbis, better defined as neo-Conservatives or even Modern Hellenists. There is not a Torah value that they seem to respect when it defies the zeitgeist. The defense of the intermarried as good Jews with holy souls is not just wrong but also counterproductive, catastrophic for the Jewish future. They are overly inclined to assuage the consciences of the intermarried in their modern church of good feelings and love conquers all. But what then happens to Torah and the Jewish people?

As they subtly encourage more and more intermarriage, they are blithely indifferent to one simple rule of economics: Whatever you subsidize (i.e., endorse, tacitly encourage, or reward), you get more of. Whatever you tax (i.e., penalize, oppose, disapprove and reject), you get less of. Do they want more intermarriage? Then they should keep attacking Rav Peretz and all others who refuse to reconcile themselves to this horror-by-choice. But then they will have distinguished themselves as modern Bilaam’s, the sinner’s favorite prophet because he rejects the very concept of sin. Bilaam too believed in all forms of love, free expression, and faithfulness to one’s inner compass, and completely rejected the notion of a divine morality that binds the faithful – and affords them a better, holier, more productive and happier life.

And perhaps that should be our approach, in an age in which authority of all sorts is routinely assailed and dismissed. The life of Torah provides us with the best life possible. (Those who seek it elsewhere are attempting to connect to themselves, which might provide some temporary, but not enduring, joy.) A recent study showed that people who attend religious services even once a week have a substantially lower incidence of suicide. That makes sense, because they are part of something greater than themselves and can find meaning in life regardless of whatever personal pain they experience. There are similar studies extant, worth publicizing, as it can help restore people to observance. It is unsurprising that the Torah “restores the soul” and “gladdens the heart” (Tehillim 19:8-9).

It is eerie that a Jewish think tank recently released an exhaustive study of the state of Jewry today – and the word Torah was not even mentioned. The overwhelming focus was on Jew hatred and how to combat it, as if the only reason for the existence of the Jewish people is to confound our enemies who want to destroy us. Thwarting anti-Jewish persecution is a worthy goal – but isn’t enunciating the purposes, objectives, values and uniqueness of the Jewish people, and how to advance those, an even worthier goal? We don’t live just in order not to die. We live in order to glorify G-d and His Torah.

There are many modern maladies traceable to a rejection of Torah. All the various lifestyles that people today have been forced to (wink, wink) celebrate, endorse and legitimize do not alter that basic reality. It is the Torah life and the conquest of our yetzer hara (instinctual drives) that provide us with balance and true happiness, and not our indulgence of every fantasy or passion. We should have compassion for every sinner because we are all sinners, but woe to us if we accept Bilaam’s Torah and his moral guidance. If people only realized what a Torah life truly meant, they would run to it, embrace it, and protect it with their lives – as holy and faithful Jews have done for millennia. And rabbis should never be intimidated into abandoning or concealing any part of the Torah.

It strikes me that persuading anyone to change any position today is beyond the scope of any writer or thinker. Positions have so hardened, and there is no form of human corruption that doesn’t have its ardent defenders. Sinners of all stripes take refuge in that. But sometimes it is important just to articulate basic truths, so the great majority of faithful Jews realize that the real world has not gone completely mad. It is just sort of underground – perhaps waiting for the speedy appearance of the great redeemer.