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masterofd1saster · 5 months

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CJ current events 18apr24

Amusing point by National Review

Senator Richard Blumenthal (Conn.) and other Senate Democrats are broaching an uncomfortable suggestion: Sonia Sotomayor should retire while the party still has the White House and 51 senators. They have a point, if a coldly calculating one: Sotomayor, who will turn 70 in June, may not be that old, but she requires a nurse to travel with her, and it could be years before Democrats have both the presidency and the Senate majority again. If Republicans were to replace Sotomayor with a conservative, they’d have a seven-justice bloc that could take a very long time to flip back to majority-liberal. But Supreme Court justices do not like to be told what to do, and identity politics is impeding Machiavellianism. Representative Nydia Velázquez (D., N.Y.), for example, railed against “forcing the only Latina on the Court to retire.” Pressure from the White House is unlikely because it would require Joe Biden’s team to acknowledge his vulnerability in this election—and the actuarial tables.

Let me know how that works out for you....

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Kill a few people, destroy a bridge on an interstate, and people will notice

The FBI has opened a federal criminal probe into the March 26 bridge collapse in Maryland, the Washington Post reported on Monday, citing two U.S. officials familiar with the matter. The investigation will at least partly focus on the Dali cargo ship and whether its crew left the port in Baltimore knowing the ship had serious problems with its systems, the Post said. Representatives for the FBI could not be immediately reached to comment on the report.*** https://www.newsmax.com/newsfront/maryland-bridge-collapse/2024/04/15/id/1161028

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At what point did that seem like a good idea?

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What's the worst that could happen with bail reform? YOLO!!

MEMPHIS, Tenn. — More details are coming out after Memphis Police Officer Joseph McKinney was shot and killed while responding to a call early Friday morning. According to court records, the man accused of killing him had previously been released from jail on felony charges without bail by a Shelby County judge. 18-year-old Jaylen Lobley was identified by the Memphis Police Association as the suspect who was shot and killed early Friday morning after Memphis Police said he shot and killed Officer McKinney, also shooting two other MPD officers in the incident. Interim Memphis Police Chief C.J. Davis said the suspect shot McKinney and the two other officers with a Glock switch, a device that converts a semi-automatic handgun into a fully-automatic sub-machine gun. Lobley was arrested in March 2024 for possessing such a switch while stealing a car, admitting to stealing both an Infiniti Q50 and Dodge Charger, reported stolen March 2 and March 3 respectively. Officers found the handgun after arresting him on March 5. The 18-year-old told investigators he took the gun from a car he was trying to steal about six months prior. He was charged with two counts of motor vehicle theft, unlawful possession of a weapon, prohibited weapon and two counts of vandalism. On March 7, Lobley was released on his own recognizance — with conditions that included agreeing to weekly call-ins and curfew — approved by the General Sessions court. However, the judge who released the suspect without bond was not named in the Shelby County judicial system. *** https://www.localmemphis.com/article/news/crime/man-mpd-officer-killed-shooting-released-from-jail-by-shelby-county-judge/522-42482bcb-d8b3-4124-a32c-855c48a807f1

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Babylon Bee

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Shotguns make great attention getters

A group of thieves smashed up an Oakland jewelry store, stealing valuables from the broken glass cases before a man with a shotgun chased them off ... and, it was all caught on video. Eight people ran into Phuong Jewelry in Oakland's Chinatown neighborhood Wednesday ... bashing cases with hammers and making off with a ton of the store's pieces. Check out the vid ... the first person walks in holding what appears to be a gun and aiming it at the store's owner, Diane Trinh, and another person, forcing them to drop to the ground -- before the other assailants start to smash in the cases. After a few seconds, Diane runs to the back to get her 76-year-old husband ... who comes into the store with his own gun, chasing off the robbers who'd already grabbed a ton of jewelry. Diane and her son, Tony, spoke with KGO-TV about the attack ... reportedly telling the outlet the robbers made off with between 85-90% of their inventory in the quick strike.*** https://www.tmz.com/2024/04/12/oakland-robbers-ransack-jewelry-store-wild-video-shows-crime-gun/

They have no insurance.

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Go granny!!

The 85-year-old mother of a disabled son committed a "justifiable homicide" in Idaho when she shot an armed burglar who snuck into her home and threatened to "kill her multiple times," a county prosecutor said.

Christine Jenneiahn presented "one of the most heroic acts of self-preservation" that Bingham County prosecutor Ryan Jolley has ever heard of when she shot and killed 39-year-old Derek Condon, according to an incident review written Tuesday.***

She did the world a favor.

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bootcamp leave

HARRIS COUNTY, Texas - A member of the United States Marine Corps has been arrested and charged with several jewelry store heists after investigators say he stole more than a half million dollars worth of expensive goods.*** "He was being taken into custody and his dog tags fell out. He did tell us he was in the U.S. military," says Constable Herman. Marcelo Hernandez is just 18 years old. Investigators say Hernandez would wear black and burst into these stores overnight when they were closed. Yurman was hit days after the young Marine returned to town. "Actually, he just recently finished his boot camp in the Marine Corps about a week before one of our cases," the Constable adds. When the teenager was arrested, Constable Herman said three handguns, $11,000 in cash, and $500,000 worth of jewelry including diamonds and other precious stones were found in his car, a Mercedes-Benz GLA.*** https://www.fox26houston.com/news/u-s-marine-arrested-for-several-jewelry-store-heists

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You may think you went to a bad public HS, but

HOUSTON - A Houston teen and her mother spoke exclusively to FOX 26 after seeing Kedria Grigsby, a former Klein ISD cosmetology teacher, was arrested for solicitation of prostitution and sex trafficking on April 8. The young woman, who we'll refer to as Jane Doe, says she was a victim in the 2022 case that led to the arrest of Grigsby's son, Roger Magee, on similar charges and would interact with Grigsby often during her time with Magee. Doe, who was 15-years-old at the time, says she met Magee through a mutual friend while out shopping and told her Magee would take care of her and give her money. "She left out the part that I had to sell my body," she said. "When he (Magee) picked me up from the front of my apartment, he was running everything down to me. He basically told me I had no way out." Doe said she started out walking along the Bissonett track with other prostitutes. A week later, her pictures were placed on websites. She and two other young women would each have sex with at least 10 different men each night in various hotels, one of them being Hotel Royale off FM 1960. The young woman says she and her mother were arguing at the time of her disappearance. Oct. 7 2022 was the last time her mom says she heard from her. While searching, she gained access to her daughter's Instagram messages and reached out to a man she'd never seen before.*** [When people complained, the school district] said those claims were false. A spokesperson from the district stated they immediately contacted the Sheriff's office after the complaint was filed last year, and were told by investigators that Grigsby was not a suspect. They also stated action was immediately taken after Grigsby was arrested on April 8, and they take matters involving their students very seriously. Similar statements were made in a Friday morning email to all Klein ISD parents. "Kedria Grigsby continued to have a clear background check and clear criminal record until she was arrested on Monday, April 8, 2024," Klein ISD Superintendent Dr. Jenny McGown stated in the message. "We will continue working with the Harris County Sheriff's Office in their ongoing investigation, and we implore the criminal justice system to take every appropriate action to protect our children."*** https://www.fox26houston.com/news/houston-teen-victim-former-klein-isd-teacher-son-sex-trafficking-case

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Alec, you're next

Judge Mary Marlowe Sommer sentenced Hannah Gutierrez Reed to 18 months in prison after a jury found her guilty of involuntary manslaughter. The "Rust" armorer was responsible for the firearms on the Western film set where cinematographer Halyna Hutchins was shot and killed on Oct. 21, 2021. Hutchins had been preparing a close-up shot when a gun Alec Baldwin was holding discharged. The 18-month sentence was the maximum time Gutierrez Reed could serve. She has currently spent about a month behind bars.*** Sommer slammed Gutierrez Reed's jailhouse calls, pointing out that the armorer spoke to someone about how "this is messing up her modeling career."*** Special prosecutors included summaries of Gutierrez Reed's phone calls in which she referred to the jury as "f---ing idiots." "Hannah says the jury was so f---ing stupid and they couldn't tell what was happening," Kari Morrissey wrote. "She calls the jury f---ing idiots."*** The prosecution largely focused on Gutierrez Reed's behavior as an armorer, alleging she didn't do her job correctly. "Hannah Gutierrez knew that Baldwin was loose. She knew it," Morrissey said during closing arguments. "She didn't do anything about it, even though it was her job. It was her job. It is her job to say to an A-list actor, if, in fact, that's what you want to call him, 'Hey, you can't behave that way with those firearms.' That is her job. That is what they pay her for. That is the job that she applied for. That is the job that she accepted."***

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About time

The Federal Bureau of Prisons is closing a women’s prison in California infamous for rampant sexual abuse against inmates. Federal Correctional Institution Dublin is set to close due to a violent reputation that contributed to its nickname as the “rape club,” the embattled BOP announced. The Associated Press exposed the prison’s problems in an investigation that revealed “rampant sexual abuse by correctional officers and even the warden,” where inmates said they “were often threatened or punished when they tried to speak up.” Other issues such as hazardous mold, asbestos, and poor medical care, also plagued the prison. Despite the federal agency’s attempted rehabilitation of the facility, which included moves to “address culture, recruitment and retention, aging infrastructure — and most critical — employee misconduct,” it still chose to close the prison. “Despite these steps and resources, we have determined that FCI Dublin is not meeting expected standards and that the best course of action is to close the facility,” BOP Director Colette Peters said in a statement to the outlet. “This decision is being made after ongoing evaluation of the effectiveness of those unprecedented steps and additional resources.”***

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California, not surprising

For a state that wishes to be one of the nation’s agenda-setters and serve as a model for the country, California is woefully weak when it comes to protecting children from sex crimes. GOP state Sen. Shannon Grove has introduced a bill that would make it a felony to purchase or solicit a child for sex. As you can assume based on that sentence, purchasing a child for sex in California is just a misdemeanor right now, with a maximum sentence of one year in jail and a fine of $10,000. Grove’s bill would make it a felony punishable by up to four years in prison and a $25,000 fine, and it would require offenders to register as sex offenders for 10 years. Efforts to do this have failed in California since 2014, meaning that for the past decade, California has considered the possibility of upgrading purchasing a child for sex to a felony and chosen against it. Even now, Grove said she is getting pushback from state legislators who are worried about giving more prison time to people who are found guilty of purchasing a child for sex.*** https://www.washingtonexaminer.com/opinion/beltway-confidential/2966768/why-is-california-so-slow-to-protect-children-from-sex-crimes/

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Free Press makes good points

It’s been a week since we published NPR veteran Uri Berliner’s essay detailing how the broadcaster has lost its way, and the fallout continues. NPR CEO Katherine Maher is still being haunted by her old tweets. A former senior NPR executive has said Berliner identified a “real problem.” And yesterday, NPR’s own media reporter revealed that Berliner was suspended without pay for a week and issued a “final warning” as punishment for writing for The Free Press. Oh, and the (second?) richest man in the world is keeping tabs. The ongoing saga at NPR is of a piece with a growing closed-mindedness across the West, as are two other stories this week, one in Brussels and one at USC in L.A. Let’s start with Brussels, where police yesterday shut down a gathering of prominent European right-wingers after the local mayor banned the event to “ensure public security.”

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Speakers at the National Conservatism Conference included Hungarian prime minister Viktor Orbán, Brexit standard-bearer Nigel Farage, French politician Éric Zemmour, and Suella Braverman, who was, until recently, Britain’s home secretary. In other words, this was not a group of brownshirted goons planning a street fight, but major figures on the European political right, ranging from the mainstream to the more radical. In a farcical-sounding standoff, a group of cops entered the event as Farage was speaking, then retreated. It was less of a shutdown and more a blockade: attendees were banned from entering or reentering. By all accounts, there was no violence, but a mighty media scrum at the door, major disruption, and understandably outraged attendees trapped in the building. Look at any case of contemporary censorship and you will almost always find the same justification for silencing an unwelcome voice—safety. The rationale will invariably be light on specific threats—and is, in reality, a cowardly cover for an ulterior motive.

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Yoram Hazony, the event’s organizer, said there was “no threat to public order” at the gathering. And I believe him. Belgian authorities have cited no specific threats. And as someone who has covered National Conservatism gatherings in the past, I find the idea that this tweedy crowd would get into any scraps difficult to believe. The only risk to my safety was nearly dying of boredom at a breakout session on common good constitutionalism. But of course, public safety isn’t what this is really about. Hazony’s event was targeted because of objections to the ideas being discussed there. Hazony takes it as a sign that he and his ideological comrades are onto something. “They tried to shut down this conference because they know that national conservatism is the greatest threat to the totalitarian, liberal NGO-cracy in Brussels,” he told The Free Press. (Note how such bans flatter the ideas they target: NatCon opponents should be among those most frustrated by this censorship.)

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The second day of the conference is due to take place today and Hazony was adamant that the show would go on. “NatCon Brussels will continue undeterred.” Ayaan Hirsi Ali notes that Emir Kir, the mayor who ordered police to shut down the event, is no stranger to extremism. He was expelled from Belgium’s Socialist Party after he met with a delegation that included representatives of a far-right, ultra-nationalist Turkish party. Hazony’s politics could hardly be more different to those of Asna Tabassum, an undergraduate at the University of Southern California, but she faced the same cowardly excuse for censorship this week: “safety.”

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Tabassum was selected as USC’s valedictorian, but as well as having a top-notch GPA, Tabassum appears to possess some, shall we say, robust views on Israel. Several student groups complained about her selection and pointed out that Tabassum’s Instagram bio links to a post full of noxious anti-Israel rhetoric, including a description of Zionism as a “racist settler-colonial ideology”—in other words, the sort of thing professors are teaching college kids at top schools across the country. One group, Trojans for Israel, said that by choosing Tabassum as valedictorian, USC had turned commencement into an “unwelcoming and intolerant environment for Jewish graduates and their families.” USC is not famous for its commitment to free expression—it once suspended a professor for simply saying a Chinese word that sounded like a racial slur. And the school had a decision to make. Administrators could have said they had made a mistake in picking Tabassum because her views were at odds with USC’s values and stripped her of the role. Or they could have stuck by Tabassum and ridden out an uncomfortable commencement day in the name of free speech. Instead, they opted for a weaselly fudge, keeping Tabassum as valedictorian but preventing her from speaking.

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“Tradition must give way to safety,” said Provost Andrew T. Guzman in a letter to the USC community. It made references to the “alarming tenor” of the response to Tabassum’s selection and “substantial risks relating to security and disruption at commencement” but was light on specifics. Tabassum called the decision “cowardly” and accused the school of “succumbing to a campaign of hate meant to silence my voice.” USC had no constitutional obligation to select Tabassum as valedictorian. It does have a duty to be straight with students and faculty about its decision-making.

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Alex Morey, director of campus rights advocacy at the Foundation for Individual Rights and Expression (FIRE), told The Free Press she thought USC’s decision was “a very calculated move” designed “to avoid censoring the student or yanking her valedictorian status, instead blaming ‘safety concerns.’ ” “The suggestion is that authorities are concerned about true threats, but rarely is that the case,” says Morey. “If there are genuine safety concerns that local authorities simply can’t handle, the school must be as transparent as possible. The alternative is that they end up looking like censors trying to cover their tracks. That, of course, can chill campus speech.” In Brussels and Los Angeles, the targets of censorship could not have been more different. But the insincere justification was the same. ***

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→ Why I fear FISA—and you should too: The Foreign Intelligence Surveillance Act, or FISA, is facing fresh scrutiny on the Hill as lawmakers consider its renewal. FISA is touted as a vital tool for national security. Its use, we’re told, is to gather intelligence on foreign governments and terrorist organizations to prevent another 9/11 from happening. That is all true. But the law has also enabled government agencies to wiretap and collect vast amounts of data on American citizens without any real oversight or transparency. Last week, the House of Representatives voted not just to renew but vastly expand these surveillance powers, reauthorizing Section 702, which will enable the collection of communications of noncitizens located outside the U.S. without a warrant. It might seem like a common sense measure in theory, but in practice the FBI has misused its authority from Section 702 hundreds of thousands of times, targeting everyone from BLM protesters to January 6 rioters. It gets worse. The proposed Turner-Himes amendment would allow, with very few exceptions, the government to compel any entity or business with “access to equipment that is being or may be used to transmit or store wire or electronic communications,” to fork over data. Have a phone or a Wi-Fi router? Sorry! You’re now obligated to help the federal government spy on Americans. Even if you’re not too worried about the pesky Fourth Amendment, you should know that this law will continue to be used against American protesters, journalists, and political actors. If this vote passes the Senate and is signed into law by President Biden, we all have good reason to be afraid. —Isaac Grafstein ***

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NY Post core competency

A transgender woman who identifies as a vampire has been convicted of sexually assaulting a developmentally disabled girl — while already under investigation for allegedly strangling a man “possessed by a demon.” Adam Hetke, 35, who goes by the name “Sabrina,” was convicted in Wisconsin last week of first-degree sexual assault by threatening the use of a dangerous weapon and second-degree assault of a mentally ill victim, GMToday reported. Hetke was already a convicted sex offender — and under investigation for a homicide, with charges only filed since the disturbed attacker was busted for the sex assault. Hetke met her latest known victim — a 16-year-old girl with cognitive disabilities — at a gas station in July 2021, went to her home and sexually assaulted her while threatening to use a knife, according to the outlet. The girl said Hetke “told her that he was a vampire and that he would bite her if she didn’t do what he wanted,” according to a criminal complaint cited by GMToday that did not use the abuser’s preferred pronouns. The convicted sex offender, who was released from prison in November 2020, also faces charges in an open homicide case in Milwaukee, GMToday reported. She was arrested on a tentative charge of first-degree intentional homicide in the April 2021 death of Vydale Thompson-Moody, a 28-year-old who had a cognitive disability, according to the Milwaukee Journal Sentinel. The victim was strangled with a cord inside a home in the Concordia neighborhood on Milwaukee’s west side, the news outlet reported.*** https://nypost.com/2024/04/16/us-news/trans-woman-who-identifies-as-vampire-sexually-assaulted-teen-charged-in-death-of-disabled-man/

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Nice BB dig at Sydney Powell -

Kind of a dig at Trump regarding his interest in young, attractive, blonde women.

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Cell phone videos are evidence

A North Carolina high school student was charged after he allegedly slapped his teacher multiple times during a viral profanity-laced classroom rant earlier this week. The rage-filled youngster, identified only as a minor, confronted the educator inside Parkland High School in Winston-Salem, where he violently attacked her, according to video posted to social media. After the initial impact, the teacher seemed unfazed by the slap as the student continued to run his mouth.*** “The f–k’s wrong with you, what you gonna do, still sit in that chair ’cause you a bitch. Ain’t nobody even coming, you got slapped,” says the student, seemingly singing and dancing. “Bitch go back to teaching.” Students behind the camera reacted to the slaps with laughter amid the classroom assault.*** He was charged with one count of communicating threats and two counts of misdemeanor assault, the Forsyth Sheriff’s Office announced.*** https://nypost.com/2024/04/17/us-news/north-carolina-high-school-student-charged-with-assault-after-slapping-teacher/

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Free Press -

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On Our Radar

→ Antisemitism and ‘Liquid Ass’ at Columbia: Columbia’s president Minouche Shafik and other university leaders were called to Washington yesterday to testify on how the school has become one of the country’s worst “hotbeds” of antisemitism. *** Lawmakers at the hearing also tackled the alleged “chemical attack” on anti-Israel protesters on Columbia’s campus in January. Victims claimed they had been attacked by fellow students with ties to the IDF, who they alleged used a chemical weapon called “skunk.” The Intercept jumped on the story, reporting that dozens of students said they experienced “burning eyes, nausea, headaches, abdominal and chest pain, and vomiting” in the wake of the “attack.” But in a lawsuit filed against the school on Tuesday, one of the students suspended for the alleged attack stated the smell came not from a “toxic chemical substance,” as Rep. Ilhan Omar described it, but rather from a “fart spray” purchased on Amazon called, um, Liquid Ass. ***

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FBI needed another black eye

The Department of Justice is close to reaching a settlement with the sexual abuse victims of former U.S. gymnastics team doctor Larry Nassar. According to the Wall Street Journal, the DOJ is expected to pay roughly $100 million to 100 victims of Nassar. The settlement was reportedly reached last fall, but the details are still being finalized. The settlement is in response to administrative tort claims filed by the gymnasts over the FBI’s failure to properly investigate the abuse claims against Nassar.*** Among Nassar’s victims included in the settlement with the FBI are star gymnasts Simone Biles, McKayla Maroney, Maggie Nichols, and Aly Raisman. Nassar abused dozens of gymnasts over his decadeslong career. Michigan State, the U.S. women’s national gymnastics team, the U.S. Olympic & Paralympic Committee, and the FBI were heavily criticized for covering up or failing to address complaints properly. The Justice Department’s inspector general found several failures in the FBI’s handling of the investigation, with Indianapolis agents failing on multiple levels.*** https://www.washingtonexaminer.com/news/2970224/doj-nearing-settlement-victims-larry-nassar-fbi-failures/

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Now it's only ok for Google to spy on you

The House passed a bill from Rep. Warren Davidson (R-OH) on Wednesday that prohibits the federal government from purchasing U.S. citizens’ data from third parties, a win for privacy hawks that brings an end to House Republicans’ uphill battle to renew the Foreign Intelligence Surveillance Act. The bill, introduced by Davidson and House Judiciary Committee ranking member Jerry Nadler (R-NY), would force federal agencies to obtain a court order to purchase commercially owned data of U.S. citizens, such as their online activity and location information. It was championed by Judiciary Committee members and their allies as an amendment to Section 702 of FISA, but it failed to make it into the final legislation that passed last week. A vote on Davidson’s amendment comes after months of infighting within the Republican Party over how to reform the key surveillance program, with House Judiciary and House Intelligence Committees at the center of the arguments. *** https://www.washingtonexaminer.com/news/house/2969992/house-fisa-saga-passage-fourth-amendment-not-for-sale-act/

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You can't recruit/retain bus drivers b/c of crime, and you do this?

A Democrat-controlled city announced $45 million in funding for programs to help deal with the skyrocketing number of migrant arrivals it is facing, resulting in over $8 million in budget cuts for the police department. Denver Mayor Mike Johnston announced last week a package of $45.9 million to fully fund programs for "newcomers" for 2024 and avoid worst-case scenarios projected by the city. That’s in addition to $44 million in spending already secured for the program through previous budget moves. *** https://www.foxnews.com/politics/blue-city-mayor-defunds-police-force-more-than-8-million-aid-migrants

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rebbe-stories · 2 years

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The integrity of the Land of Israel

A letter from the Lubavitcher Rebbe, from 1981.

By the Grace of G-d 3rd Light of Chanukah, 5741 Brooklyn, N.Y.

Mr. ------ Highgate, London N 16

Greeting and Blessing:

This is to acknowledge receipt of your letter and enclosure.

I am reluctant, on principle, to involve a layman, however knowledgeable, even if he possesses semichah [ordination], in a matter that is the subject of debate between rabbis. However, after you received a detailed letter from a rabbi and request a clarification, I have no choice but to address myself to the issues at hand in reply, though necessarily not in depth.

I must begin with a general but crucial point, namely, that the arguments against my supposed stand are based on misinformation or on misconception of what my stand is. Indeed, I find it difficult to understand how this could have happened, since I have repeatedly explained my position. So I will recap it once again.1.I am completely and unequivocally opposed to the surrender of any of the liberated areas currently under negotiation, such as Yehuda [Judea] and Shomron [Samaria], the Golan Heights, etc. for the simple reason and only reason, that surrendering any part of them would contravene a clear psak din [ruling] in Shulchan Aruch [Code of Jewish Law] (Orach Chayim, sec. 329, par. 6, 7). I have repeatedly emphasized that this psak din has nothing to do with the sanctity of Eretz Yisroel or with “days of Moshiach”, the geula [Redemption] and similar considerations but solely with the rule of pikuach nefesh [saving a life]. This is further emphasized by the fact that this psak din has its source in the Talmud (Eiruvin 45a), where the Gemara cites as an illustration of a “border town” under the terms of this psak din – the city of Nehardea in Babylon (present day Iraq) – clearly not in Eretz Yisroel. I have emphasized time and time again that it is a question of, and should be judged purely on the basis of, pikuach nefesh, not geography.2.The said psak din deals with a situation where gentiles (the term is goyim, not enemies) besiege a Jewish border town, ostensibly to obtain “straw and hay” and then leave. But because of the possible danger, not only to the Jews of the town, but also to the other cities, the Shulchan Aruch rules that upon receiving news of the gentiles’ (even only) preparations, the Jews must mobilize immediately and take up arms even on Shabbos – in accordance with the rule that “Pikuach nefesh supercedes Shabbos.”3.Should there be a question whether the risk does in fact create a situation of pikuach nefesh, then, as in the case of illness, where a medical authority is consulted, the authority to make a judgment is vested in the military experts. If military experts decide that there is a danger of pikuach nefesh, there could be no other overriding considerations, since pikuach nefesh overrides everything else. Should the military experts declare that while there is such a risk, yet it should be taken for some other reason, such as political considerations (good will of the gentiles) – this would clearly be contrary to the psak din, for the psak din requires that pikuach nefesh, not political expediency, should be the decisive factor.

Now in regard to the liberated areas, all military experts, Jewish and non-Jewish, agree that in the present situation giving up any part of them would create serious security dangers. No one says that giving up any part of them would enhance the defensibility of the borders. But some military experts are prepared to take a chance in order not to antagonize Washington and/or to improve the “international image,” etc. To follow this line would not only go against the clear psak din, but would also ignore costly lessons of the past.

One glaring case in point is “the Yom Kippur War.” Days and hours before the attack, there were urgent sessions of the government discussing the situation with the military. Military intelligence pointed to unmistakable evidence that an Egyptian attack is imminent, and the military experts advised a preemptive strike that would save many lives and prevent an invasion. However, the politicians, with the acquiescence of some military experts, rejected this action on the ground that such a step, or even a general mobilization, before the Egyptians actually crossed the border, would mean being branded as the aggressor and would jeopardize relations with the USA. This decision was contrary to the said psak din of the Shulchan Aruch, as pointed out above. The tragic results of that decision bore out the validity of the Shulchan Aruch’s position (as if it is necessary), for many lives were needlessly sacrificed and the situation came close to total disaster, but for G-d’s mercies. Suffice it to mention that the then Prime Minister later admitted that all her life she would be haunted by that tragic decision.1.I know, of course, that there are rabbis who are of the opinion that in the present situation, as they see it, it would be permissible from the viewpoint of the Shulchan Aruch to return areas from Eretz Yisroel. But it is also known on what information they based this view. One argument is that the present situation is not identical with the hypothetical case of Nehardea cited in the Talmud, because Eretz Yisroel is not in the state of “being besieged by gentiles.” A second argument is that the present surrendering some areas would not endanger lives.

That these arguments are based on misinformation is patently clear. The Arab neighbors are prepared militarily; what is more, they do demand these areas as theirs to keep and openly declare that if not surrendered voluntarily, they will take them by force and eventually everything else. A rabbi who says that the said psak din of the Shulchan Aruch does not apply in the present situation is completely misinformed on what the situation actually is.1.A further example of how facts can be publicly distorted is in connection with the surrender of the oil wells in Sinai. Some warned at the time that it would be a terrible mistake to give them up, since oil, in this day and age, is an indispensable vital weapon, for without it planes and tanks are put out of action as surely as if they had been knocked out. Nevertheless, there were Rabbis who defended the surrender of the oil wells – again having received and accepted the “information” that the country has ample oil reserves that would last for months. When it was suggested to them to verify this information with anyone who has some idea about the physical limitations of storing oil to build up reserves, especially in a small country with limited storage space – the suggestion was ignored. Sure enough, before long the government found it necessary to demand from the USA urgent oil deliveries, because the reserves would last only a few days. Moreover, prominent members of the government publicly admitted that it was a serious mistake to have surrendered the oil wells.

But it also noted that since the surrender of the oil wells in Sinai – according to the government’s figures - some two and a half billion dollars was paid by it to Egypt for oil from the very same wells that had been surrendered. Not to mention the fact of having to buy oil also in the spot market, all at exorbitant prices.1.Parenthetically, it is known who supplied the rabbis with this “information.” When one of the rabbis was asked, after it had become all too obvious that their psak din was based on false information, why he does not come out and openly reverse his position, the answer was that if he admitted publicly that he had been misled by a prominent Jew, with beard and peos [sidelocks], who is active in Jewish affairs, it would create a chilul Hashem [desecration]. Queried further whether this consideration halachically overrides correcting a psak din affecting the pikuach nesfesh of many Jews, there was no further response.2.I was taken to task (and this also in full public view) for placing so much emphasis on the security of Eretz Yisroel, the argument being that what has protected Jewish people during the long golus [Exile] has been the study of Torah and the practice of mitzvoth; hence, Torah-observant Jews should not make the inviolability of Eretz Yisroel as the overriding cause. I countered that they missed the point, for my position has nothing to do with Eretz Yisroel as such, but with the pikuach nefesh of the Jews living there – which would apply to any part of the world. I have not “yet” received an answer to this point, either.3.I was similarly criticized for accusing the government of Eretz Yisroel of reluctance to find and apprehend the murderous attack in Hebron on that Friday night. I do not know what this has to do with the issue of returning liberated areas! At any rate, the facts are as follows. Before coming out to charge the government publicly with not trying to apprehend the murderers, I tried to do what I could behind the scenes.

It is known that there were two schools of thought in the government on this issue. One held that it would be expedient not to press the hunt for the killers on the ground that to find and put them on trial, etc., would exacerbate tensions; therefore it would be better to put the matter at rest by procrastination. The other held, that the government should take all possible action to apprehend the killers and punish them swiftly, not only because “the blood of our brethren cries out to us from the earth,” but also, and just as importantly, for pikuach nefesh reasons, to prevent further similar attacks. For, anyone who knows the mentality of those Arab circles from which the terrorists came knows that failure to punish them would be interpreted as a sign of weakness and be an encouragement to repeat such attacks.

This debate went on for weeks. When I saw that inaction was the government’s policy and that it would be a serious blow to pikuach nefesh, I made my public statement. Fortunately it had an impact and finally the hint began I earnest, resulting in the speedy apprehension of the leader of the gang.

Parenthetically, the sad epilogue of this chapter, which is in itself a reflection of the state of affairs in Eretz Yisroel, is that although many weeks have passed since the murderer was caught, he has not as yet been put on trial and there is still no word as to when this will come to pass. No further commentaries are necessary. It should be noted, however, that the policy of playing down terrorist attacks and avoiding counteraction wherever possible is, unfortunately one that goes back many years, evidently for the reasons indicated above, as is also borne out by the enclosed newspaper clipping.1.A further criticism leveled against me is that my pronouncements on the issues are more political than rabbinic. This, too, baffles me, for inasmuch as the matter has to do with pikuach nefesh, it is surely the duty of every Jew, be he rabbi or layman, to do all that is permitted by the Shulchan Aruch to help forestall or, at any rate, minimize, the danger. In a case of pikuach nefesh, every possible effort must be made, even if there is a sofek [doubt] and many doubts whether the effort will succeed.2.As for the matter regarding the reception given to the person involved in this controversy on his arrival in New York, as if I, or my emissaries, instigated the demonstration against him, etc. Needless to say that this charge is totally not true. Even in an oral discussion I am careful not to identify by name anyone who takes an opposite view and limit myself to issues and not personalities. Especially when the person is known to me personally and I have high regard for him, and from my side, still regard as a friend.

In conclusion, I must also say that in general I find myself in an uncomfortable position in any situation where I find it necessary to disagree with an Orthodox rabbi publicly in such a matter of halachah. For when a layman sees that there are rabbis who, having been misled by misinformants, yet still do not retract their ruling even after the misinformation has been brought to light, it must necessarily affect his confidence in the credibility of rabbinic authority in general. Especially this, obviously, runs counter to the basic policy and work of Lubavitch in disseminating Torah-true Yiddishkeit, with emphasis on the honor of the Torah and the honor of the true bearers of the Torah – the rabbis who dedicate all their lives to the study of Torah and who live accordingly and exemplify Torah-true Yiddishkeit in the fullest measure.

Wishing you a bright and inspiring Chanukah,

With esteem and blessing,

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P.S. The following has been delayed, as I was waiting for the enclosed newspaper clippings before replying to the criticism against the group of rabbis who are alleged to have brought the controversy into the limelight of the English press. Actually, the complaint should have been addressed to the group of rabbis and, in any case, it has no relevance to my stand. However, in view of the general confusion regarding these issues, as already noted above, I will clarify this point also.

The fact is that the subject matter had at first been publicized in the same English press, giving expression to the opposite view and, in a much sharper form, by a group of prominent Jews, as can be seen from the enclosed clippings, as early as June 15, and there was also a sequel to it. The declaration by the group of rabbis (which received less generous coverage) appeared on or around the 2nd of July. I do not have this particular clipping at hand, but no doubt critics have it and can verify it.

One point which I hesitated embodying in my letter, but decided to add in the P.S., is this:

Rabbis who, differing from my view, declared their Torah and halachah view on the question of returning liberated areas in Eretz Yisroel also based it on the principle of pikuach nefesh, but in reverse to mine. Their opinion is based on the belief that returning liberated areas would advance the cause of peace with the Arabs and thus save lives. If this opinion is valid, it inexorably follows from it that the thrust of the argument as it is applied to the Golan, Yehudah, and Shomron applies also to the Old City of Jerusalem and in fact more forcefully, since the clamor for the return of Old Jerusalem is more genuinely unanimous and stronger by all the Arabs, including Egypt, Saudi Arabia and the whole Islamic world (while not all of them are so “enthusiastic” about creating a new and independent Palestinian State on the West Bank).

For the said rabbis to be consistent halachically, the return of Old Jerusalem is not only permissible but imperative! Hence, in all conscience, they are duty-bound to incorporate in their psak din the return of the Old City of Jerusalem!

#eretz israel #torah #halacha #rabbis #jerusalem

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