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“Why progressive Jews mustn’t give up on Zionism” – JTA, August 3, 2016

10 Sunday Aug 2025

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Despite the rightward turn of the Israeli government, we continue to believe in the Zionist enterprise and the viability of the State of Israel, write four leaders of progressive Zionism.

AUGUST 3, 2016 

[Introductory notes: Simultaneously with my posting of my blog on August 6, 2025 – “What does it Mean to be a Liberal American Zionist?” – the British-born former Director of Policy Analysis at AIPAC, Michael Lewis, posted the following article on LinkedIn that was originally published by the Jewish Telegraphic Agency (JTA) 9 years ago, almost to the day, that I co-wrote along with my colleagues (see names below). I thank Michael for posting this. I had forgotten about it. Little has changed, however, in my thinking about what it means to be a liberal Zionist except today, because so many “progressive” Jews no longer identify as Zionists, I prefer to be called a “liberal” Zionist. One more thing. Though the vast majority of Israelis today believe, after October 7, that a two-state solution is unlikely ever to happen, there is still no alternative if Israel is to remain both Jewish and democratic. When I think of the current relationships between the United States and Germany and Japan, no one would have thought such alliances would have been possible in 1945. Perhaps, once this horrendous war ends, there might be a new light showing the way along with the will amongst our two peoples to chart a course that will enable Israel and the Palestinian people to live next to each other in security and peace.]

NEW YORK (JTA) — As progressive American Zionists, we take seriously the critique of Israel and Zionism by professors Hasia Diner and Marjorie N. Feld, contained in their Aug. 1 Haaretz article, “We’re American Jewish Historians. This is why we’ve left Zionism behind.”

However, unlike them, we affirm progressive Zionist values. And those values mandate activism in order to ensure that Israel is both a democracy and the national home of the Jewish people.

The difference between us and professors Diner and Feld is that we continue to believe in the Zionist enterprise and the viability of the State of Israel, despite troubling trends: the rightward turn of the Israeli government; the corrupting influence of the nearly 50-year Israeli occupation of the Palestinian people in the West Bank; the growing messianic nationalism of the settler movement; the ultra-Orthodox influence on the Israeli government and its control over Jewish religious life; the second-class status of Palestinian Israeli citizens. We have a duty as Diaspora Zionists to critique Israeli policies whenever we believe that the State of Israel violates Jewish and democratic values as articulated in Israel’s Declaration of Independence.

For us, Jewish “nationalism” cannot be the sole objective of Zionism. Rather, Zionism and the Jewish nation is a means towards the perfection of the Jewish people and the world (tikkun olam).

Since its establishment, Israel has meant many things to many people: a haven from persecution, a catalyst for Jewish renewal and a place where the rhythms of civic life are Jewish rhythms. We regard the State of Israel as the Jewish people’s laboratory of Jewish ethical living, one that has seen unparalleled achievements and successes, as well as considerable deficiencies and failures. We regard the founding of the state as a consummate historic opportunity, to test the efficacy of Jewish ethical values, institutions and the diversity of Jewish peoplehood all while holding onto political power as a sovereign state.

Sadly, the professors base their argument on the highly reductionist notion of Judaism as simply a religion, and they even seem to breathe life into the 40-year-old defamatory attempt to label Zionism as racism. They suggest that it was Israeli homogenization that led to the demise of Jewish communities around the world, as if the great holy communities of Warsaw, Vilna and Krakow would somehow be intact today if it weren’t for…Zionism.

They also deeply oversimplify the reality here in the U.S., with its religiously neutral environment. America, and American Jews, have championed the “Goldene Medinah” — the Golden Land — as the great melting pot and exalted land of assimilation and acculturation. But today, Jews throughout the U.S. struggle with the challenge of balancing the benefits of American religious freedom while responding to communal trends in which Jews struggle to find connections, meaning and relevance in being Jewish.

As Zionists, Israel is the center of global Jewish life, and, it is important to recognize, it has managed to create a vibrant and creative Jewish society with a rich and incredibly ethnically diverse Judaism. Yet, Diaspora Jewry is a partner in assuring Israel’s viability as a democracy and a Jewish state, and its security as a sovereign nation. Our role in the Diaspora is different than that of Israeli citizens, but it is no less important. Indeed, our two centers need each other’s wisdom and support.

Professors Diner and Feld seem to have been defeated by their mythic understanding of Zionism and Israel. Though there is merit to their legitimate concerns about the “other” and what Jewish nationalism must do to include non-Jews as equal citizens in the state, it is unfortunate that they are turning away from Zionism altogether. Their relationship with Israel seems to be conditional. We would like to suggest an unconditional relationship to Israel. That means, like family, when we see troubling trends and abhorrent behavior, rather than disavow the entire enterprise, we prefer to roll up our sleeves and get more involved.

They are right that the Palestinians are entitled to empathy, justice and redress. Israel cannot continue to occupy another people and remain true to its democratic and Jewish values. The only way to preserve Israel as a Jewish state and a democracy is for Israel and the Palestinians to enter into negotiations leading to two states for two peoples.

Similarly, Israeli Jews and Diaspora Zionists must actively engage non-Jewish Israelis to address the real tensions within Israel’s identity as a Jewish and democratic state. Making Israel both more democratic and more Jewish is a serious challenge, but it is the essential struggle of Zionism. And as we reject Professors Diner and Feld when they give up on Israel as a Jewish state, we oppose Israelis and other Jews who take actions that threaten Israel’s essential nature as a democracy.

Ultimately, our vision of progressive Zionism — which is embodied in the Israeli Declaration of Independence and the Zionist movement’s Jerusalem Program — is one grounded in hope and action. And we will continue to strive to fulfill this vision to ensure a just, secure and peaceful future for all Israelis, and an Israel that can be a dynamic inspiration to Jews around the world.

(Rabbi Josh Weinberg and Rabbi John Rosove are the President and Chair of ARZA, the Association of Reform Zionists of America. Gideon Aronoff and Ken Bob are the CEO and National President of Ameinu.)

Original JTA article link – https://www.jta.org/2016/08/03/ideas/why-progressive-jews-mustnt-give-up-on-zionism

What Does it Mean to be a Liberal American Zionist?

07 Thursday Aug 2025

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Even before Hamas’ attack against Israel on October 7, 2023, the definition and meaning of “Zionism” had increasingly come to be understood in far-left-progressive circles in the United States and around the world in strongly cynical and pejorative terms. Zionism became even more so understood negatively once Israel began its morally just counterattack against Hamas beginning on October 8th and later against Hezbollah, the Houthis and Iran. Those who were in league with the world-wide anti-Israel movement before October 7 and who had sought for years to re-frame the Zionist narrative as discriminatory, racist, colonialist, and a product of European imperialism discovered that they were gaining increasing support among many politically progressive left-wing Americans who claimed the humanitarian mantle against what they believed was Israel’s military over-reaction to what Hamas did to Israelis on that bloodiest day in the history of the State of Israel.  

Every people has the right of self-definition, and we Zionists – and especially we liberal American Zionists – have that right as well.

I believe that this is the time for us to take back our liberal American Zionist narrative and lead with it whenever we discuss with those who know much or little about the history of the Zionist movement and the State of Israel. That is what I want to do in this blog post, to express why I am a proud liberal American Zionist despite my deep protest against the policies of this most extremist Israeli right-wing messianic government in the history of Israel.

I am a proud liberal American Zionist and as such I believe in the right of the Jewish people to a state of our own in our historic Homeland and in the right of the Jewish State militarily to defend itself when attacked by terrorists and hostile states.

As a liberal American Zionist I affirm that the universal humanitarian values advocated by the ancient prophets of Israel, developed by rabbinic tradition over the past two millennia, and included in Israel’s Declaration of Independence, namely that justice, equality, human rights, compassion, and peace must be core values guiding every Israeli government’s policies, its military and civil society.

As a liberal American Zionist I am proud of what the Zionist movement and the people and State of Israel have accomplished in virtually every arena of human endeavor including immigration and the absorption of refugees, agriculture, education, the sciences, medicine, bio-technology, cyber, culture, the arts, diplomacy, human rights, civil society, and self-defense.

As a liberal American Zionist I understand that the intent of Hamas, Hezbollah, the Houthis, and Iran is to destroy the State of Israel and murder as many Jews as possible in their messianic zeal to establish an extremist caliphate over all of historic Palestine “from the river to the sea.” As one example of this murderous intent, Hamas’ leadership said early on in the war that 100,000 Palestinian martyrs were not too many to fulfill its extremist mission to murder Jews and destroy the Jewish state.

As a liberal American Zionist I am proud and grateful that the United States historically has been Israel’s most important and generous ally and that Israel’s security needs have enjoyed bi-partisan American political support.

As a student of Israeli and Middle East history, I know that Israel has tried many times to resolve diplomatically the Israeli-Arab and the Israeli-Palestinian conflicts resulting in two-states for two-peoples as a matter of justice for the Palestinians and enlightened self-interest for Israel, but that extremist and uncompromising Palestinian leadership has walked away every time.

As a liberal American Zionist I acknowledge that I am not an Israeli citizen, that I do not pay Israeli taxes nor do I send my children and grandchildren to the Israeli military to fight in Israel’s wars. Only Israeli citizens have the right to take the decisions that directly impact their lives and well-being. However, as an American Jew and liberal Zionist who loves Israel I believe that I have the right to share my ideas and criticism of Israeli government policies that I believe are harmful not only to Israel’s own best interests as a Jewish and democratic state but to my security and well-being as a Diaspora Jew and my liberal Jewish and democratic values.

As a liberal American Zionist, for months I have felt the anguish, grief and rage of what Hamas did on October 7th. I continue to worry daily about the survival of the remaining hostages and the well-being of their families and the families of the Israeli soldiers killed and injured in this war. I have worried as well since this war began about the suffering of the two million Palestinian civilians in Gaza.

As a liberal American Zionist I believe that Israel, in fighting this just war has not always fought the war justly. It ought to be clear that Israel has crossed many red-lines despite all the challenges and difficulties in fighting a war against a non-state actor that deliberately hides behind and uses its own people as human shields. Israel’s massive killing of tens of thousands of Palestinian civilians and its use of humanitarian aid as a weapon of war are immoral and un-Jewish.

It is American policy that Israel and all recipients of U.S. weapons must adhere by law to standards concerning humanitarian aid and the use of force. As painful as it is for me to say this because I have always supported American military aid to Israel throughout my life, I support those 27 Democratic Party Senators who voted recently to halt the sale of offensive weapons to Israel as a way to put pressure on PM Netanyahu and his extremist government to end this war now, to stop the suffering, the starvation, the killing of civilians, and the deaths of Israeli soldiers and hostages.

These 27 Senators are friends of Israel, every one of them. They have always supported Israel’s true security needs. In their vote to withhold offensive weapons now after all these months of war they carefully distinguished between those weapons and the defensive weapon systems of Iron Dome, Arrow, and David’s Sling, which save Israeli lives. These Senators should not be criticized for their vote or accused of being anti-Israel. They are not that. They instead should be praised for acting on behalf of the best interests of Israel and the Palestinians and for applying necessary pressure on this extremist Israeli government to do what is just and compassionate – to end this war now, to bring home the hostages immediately, to pour massive humanitarian aid into Gaza, and to stop the killing and injury of Israeli soldiers and Palestinian civilians.

The vast majority of Israelis themselves and the vast majority of the American Jewish community agree that the war must end now, the hostages returned home, and humanitarian aid be provided in quantities that can stop the hunger and starvation.

I say all of these things as a committed liberal American Zionist and as a lover of the people and State of Israel.

Please Sign This International Letter to Prime Minister Netanyahu

06 Wednesday Aug 2025

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I received this morning a request from a friend in Israel to sign onto a London Initiative campaign from Diaspora Jewry and Israelis living in the Diaspora.

I signed on and I urge those of you who agree with the content of the letter to sign as well and distribute this blog to anyone you think would be willing to include their names too.

The goal is to have thousands of signatures by midnight tonight ET (Wednesday, August 6). The letter will then go to PM Netanyahu with communications campaign in English, Hebrew and Arabic.

HERE IS THE LINK https://forms.gle/rgRFrwBDb6BEbE5FA

The North American Reform Jewish Movement has issued the following statement on Starvation in Gaza

28 Monday Jul 2025

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The ongoing crisis in Gaza is a devastating reminder of the immense human cost of war. Nearly two years into Israel’s war against Hamas, Israelis are still waiting for the return of their loved ones held hostage, and innocent Palestinians are caught in a mounting humanitarian catastrophe. Hamas has repeatedly demonstrated its willingness to sacrifice the Palestinian people in its pursuit of Israel’s destruction, but Israel must not sacrifice its own moral standing in return. Neither escalating military pressure nor restricting humanitarian aid has brought Israel closer to securing a hostage deal or ending the war.

While long-delayed and not-yet-certain to be more effective than previous efforts, we are encouraged by Saturday night’s announcement that the Israeli military would revive the practice of dropping aid from airplanes and make it easier for aid convoys, including those from the UN’s World Food Program, to move through Gaza along “designated humanitarian corridors,” and to temporarily cease fighting in Gaza for a humanitarian pause.

No one should be unaffected by the pervasive hunger experienced by thousands of Gazans. No one should spend the bulk of their time arguing technical definitions between starvation and pervasive hunger. The situation is dire, and it is deadly. Nor should we accept arguments that because Hamas is the primary reason many Gazans are either starving or on the verge of starving, that the Jewish State is not also culpable in this human disaster. The primary moral response must begin with anguished hearts in the face of such a large-scale human tragedy.

Our tradition teaches that all people are created b’tzelem Elohim—in the image of God. One consequence of this is the moral priority, which is affirmed throughout the Bible and rabbinic tradition, of feeding the hungry—both for the individual and for the self-governing Jewish community.

More than a few members of the current Israeli government have publicly called for Israel to decimate the Gaza strip. The most recent was Heritage Minister Amichai Eliyahu who, on Thursday lauded the Israeli government for “racing ahead for Gaza to be wiped out.” He added: “Thank God, we are wiping out this evil.” Of equal concern are far-right Israeli politicians who advocate for Israel to permanently push most Gazans from much of Gaza and replace them with Jewish settlements. We condemn all such statements. They do not represent Jewish values nor those embodied in the Zionist vision that produced Israel’s Declaration of Independence.

Despite PM Netanyahu’s calls to ignore these full members of his cabinet, their presence in this government has consistently morally compromised Israel’s actions.

Starving Gazan civilians neither will bring Israel the “total victory” over Hamas it seeks, nor can it be justified by Jewish values or humanitarian law. It’s hard to imagine that this tragic approach will bring home the 50 remaining hostages, including the 20 whom we pray are still alive.

It’s imperative that the Government of Israel ensures that the recently announced plans to deliver humanitarian aid succeed as Israel works with international partners to ensure its safe and sustained delivery and do whatever possible to reduce or eliminate the shootings and other injuries sustained at food distribution centers. We applaud Israel’s green light for foreign nations to resume providing humanitarian aid to the Gaza population desperate for food and are confident that they will do all they can to ensure that such aid does not fall into the hands of Hamas.

As Israel has effective control of 70% of Gaza, with the intent to remain in significant swaths of it, even if only temporarily, it should be directly involved, facilitate and cooperate with the international community, international humanitarian NGOs, and regional friends, to take urgently needed actions, such as these suggested by Israeli Reform rabbi and Member of Knesset Gilad Kariv:

• To prevent the alarming number of civilian deaths in and around the food and humanitarian aid distribution sites.

• Opening a significant number of food distribution centers at various locations across the Gaza Strip.

• Large-scale entry of infant formula (especially liquid formula) and ensuring safe delivery to both functioning medical centers and the few remaining international aid facilities.

• Establishing secure methods—potentially through cooperation with regional countries—for delivering food supplies to aid organizations and international agencies.

• Resuming sufficient water supply to population centers in Gaza, in accordance with international health standards.

• Authorizing and assisting in the supply of medications, the establishment of field hospitals and clinics operated by remaining Palestinian medical staff, by foreign governments and by international agencies, especially in areas where hospitals have ceased functioning.

Finally, while it is imperative that Israel and the U.S. resume diplomacy to bring home all hostages and end this war, denying basic humanitarian aid crosses a moral line. Blocking food, water, medicine, and power—especially for children—is indefensible. Let us not allow our grief to harden into indifference, nor our love for Israel to blind us to the cries of the vulnerable. Let us rise to the moral challenge of this moment.

July 20, 1969 – A Day that Changed Human History

20 Sunday Jul 2025

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Those of us of a certain age remember where we were exactly 56 years ago today, on July 20, 1969 when American astronauts Neil Armstrong and Buzz Aldrin (now 95 years old) stepped out of the lunar module Eagle of Apollo 11 and put their feet into the soft dust of the moon and made history.

I was a 19 year-old college student traveling with a friend through Europe. Early in the morning (European time) my buddy and I stood on a sidewalk looking through a large glass window of a shop in Florence, Italy with a crowd of people watching a small black and white television set tuned to an event watched by 650 million people around the world (3.619 billion of the then world population).

The historian Heather Cox Richardson posted today on YouTube the highlights of the moon landing project begun in 1957 when the Soviets sent the first human into space and then in 1961, President John F. Kennedy announced that the United States would put “a [person] on the moon” by the end of the decade, a task that was unimaginable at the time, enormously expensive, and very controversial.

Here is Dr. Richardson’s Youtube. If you were alive then, watched the landing and remember anything about it, please share in the comments.

The Abuse of Power in This Era

08 Tuesday Jul 2025

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The Judeo-Christian tradition, upon which the United States was founded, promoted the notion of “covenantal politics” as a means to create an ideal society based upon human rights and dignity, equality and opportunity, justice and respect, accountability and responsibility, forgiveness and reconciliation, personal growth and freedom, all based in the principle articulated in the book Genesis that the human being is created b’tzelem Elohim, in the Image of God, thereby affirming infinite worth and dignity in every woman, man and child.

In this era of Donald Trump, the question before us is the same question that has always challenged Americans since our nation’s founding: What is political power for? Is it to sate the personal ambition of a politician, or is it to nurture a covenantal America in which politics is the means to further a more just and inclusive nation? If politics is only about ambition and power, then power renders as irrelevant morality and conscience, and it elevates amorality, illegality, sedition, insurrection, violence, and murder.

I know I’m not alone in my disgust and feeling of foreboding about what is happening to American democracy and the spirit of fair play and common decency under the aggressive disregard for human dignity under Donald Trump. Yes, there are still many good people and servant-leaders in every arena of our society committed to the well-being of others. We are watching now, for example, how many good people are doing everything possible to save victims of this horrendous flooding in Texas. And there are many among our political, business and educational leadership, religious and social justice activists, jurists, legal scholars and advocates, journalists and writers, entertainment and sports luminaries actively fighting for what I describe above as our nation’s “covenantal politics.” Certainly, not all is lost yet and mid-term elections will surely come and the vast majority of Americans who now disapprove of Trump’s aggressive disregard for human rights and the fundamental needs of most Americans will have an opportunity to vote against him and his minions.

I have been thinking a great deal about the use and abuse of power since Trump became President again, as he wields it like every common dictator does around the world, for his own purposes and interests. Note the column one story in this past Sunday’s New York Times (July 6, 2025) that describes in detail how Trump’s financial fortunes dramatically reversed since becoming the Republican candidate for President a second time and then winning the presidency again. He was on the verge of financial ruin (hardly a successful businessman he), but now has monetized the presidency to such an extent that he has turned his losses into massive wealth and power. His is a disgusting display of corruption the likes of which America has not seen in the presidency in our nearly 250 years of existence and that no one in his party even talks about much less does anything about.

As I have thought about power, here are a few quotations that offer additional insight and its character and purpose:

“Power tends to corrupt and absolute power corrupts absolutely.” ―Lord Acton, English Catholic historian (1834-1902)

“It is not power that corrupts but fear. Fear of losing power corrupts those who wield it, and fear of the scourge of power corrupts those who are subject to it.” ―Aung San Suu Kyi (Burmese Politician and diplomat, b. 1945)

“It is said that power corrupts, but actually it’s more true that power attracts the corruptible.” ―David Brin, American author (b. 1950)

“The true measure of a man is how he uses his power.” ―Dr. Martin Luther King, Jr., Nobel Peace Prize Winner (1929-1968)

“With great power comes great responsibility.” ―Voltaire, French Enlightenment author (1694-1778)

“The most common way people give up their power is by thinking they don’t have any.” ―Alice Walker, American writer (b. 1944)

“The only maxim of a free government ought to be to trust no [person] living with power to endanger the public liberty.” ―President John Adams (1735-1826)

“We know that no one ever seizes power with the intention of relinquishing it. Power is not a means; it is an end. One does not establish a dictatorship in order to safeguard a revolution; one makes the revolution in order to establish the dictatorship. The object of persecution is persecution. The object of torture is torture. The object of power is power. Now you begin to understand me.” ―George Orwell, British writer (1903-1950)

“Power is of two kinds. One is obtained by the fear of punishment and the other by acts of love. Power based on love is a thousand times more effective and permanent then the one derived from fear of punishment.” ―Mahatma Gandhi, Indian philosopher and non-violent champion (1869-1948)

The Case of Kilmar Abrego Garcia – An outrage if ever there is one!

04 Friday Jul 2025

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I am not a lawyer, so I rely on the expertise of legal scholars who are able to communicate clearly to the public what is at stake in cases in which the United State’s government’s actions defy the US Constitution and the law.

I am posting here Joyce Vance’s “Civil Discourse” missive (worth subscribing) because the case of Kilmar Abrego Garcia, when understood, ought to outrage anyone who cares about American democracy, the rule of law, the separation of powers, the independence of the judiciary, the truth and common decency.

Joyce Vance is an American lawyer who served as the United States attorney for the Northern District of Alabama from 2009 to 2017. She was one of the first five U.S. attorneys, and the first female U.S. attorney, nominated by President Barack Obama.

Ms. Vance describes in detail the case against Mr. Garcia and the cruel treatment he has received deliberately by the Trump Administration and by Donald Trump himself.

Ms. Vance concludes:

“This case, which has brought issues of due process and the prospect of the executive branch of government ignoring orders issued by the judiciary to the forefront of Americans’ minds, will stand as one of the most important cases in American history.”  

I urge you to read the entire post below as it not only paints a terrible legal picture, but a horrendous moral one.

I have felt outrage, along with so many millions of Americans, about Mr. Garcia’s treatment since this case first became a national story months ago. Now that he has been returned to the United States and is being charged with federal crimes as a cover to whitewash what Trump and his minions have done to him and the rule of law, we know much more about what actually happened to Mr. Garcia in El Salvador and what the Trump Administration is capable of doing to any one of us.

Here is Ms. Vance’s report today – July 4, 2025

The Civil Case:

On March 24, 2025, Kilmar Abrego Garcia’s wife filed a civil lawsuit on his behalf in federal district court in Maryland. The defendants included Attorney General Pamela Bondi, DHS Secretary Kristi Noem, and Secretary of State Marco Rubio. The Trump administration had just deported Venezuelans it claimed were gang members to El Salvador, although ultimately it came to light that significant numbers of them weren’t. The Trump administration violated a district court’s order that the men not be turned over to El Salvador, which was ultimately reversed by the Supreme Court.

It’s not unusual for plaintiffs in civil cases to amend their initial complaint as new information comes to light. On Wednesday, Jennifer Stefania Vasquez Sura, Abrego Garcia’s wife, asked the court for permission to do so.

She explained that “the Government filed a motion to dismiss Plaintiffs’ Complaint as moot, arguing that because it had returned Abrego Garcia to the United States, Plaintiffs have received all the relief they sought.” She wanted to amend her complaint to “clarify that the relief they seek remains live, notwithstanding Abrego Garcia’s return to the United States.” Three new items are included in the amended complaint:

  • “The proposed Amended Complaint details the Government’s defiance of court orders after this Court granted preliminary injunctive relief.”
  • “[E]vidence that emerged in a June 2025 whistleblower disclosure from former DOJ official Erez Reuveni, who was previously counsel for the Government in this case. The new allegations include government officials internally acknowledging that Abrego Garcia’s removal was an “administrative error” while simultaneously working to prevent his return and to make post-hoc justifications. These revelations provide evidence of deliberate misconduct that was unavailable when the original Complaint was filed.”
  • “Abrego Garcia’s first-hand account of torture and mistreatment at CECOT, as well as developments regarding his return to the United States and the Government’s stated plan to remove him again.”

The proposed amended complaint, which is attached to the motion for permission to file it, contains predictable but still shocking revelations about conditions at CECOT. The conditions, as alleged, are more like a concentration camp than a prison in the United States, and there is little doubt that if established, the allegations made about those conditions would run afoul of the Constitution’s prohibition on cruel and unusual punishment. Although the government has maintained that once delivered to El Salvador, these men are no longer in U.S. custody, that argument is paper-thin, or at least it should be, since the U.S. government is paying El Salvador to house these men. The allegations made by Abrego Garcia will likely play prominently in litigation over this issue.

The new allegations in the amended complaint include the following:

“Upon arrival at CECOT, the detainees were greeted by a prison official who stated, ‘Welcome to CECOT. Whoever enters here doesn’t leave.’ Plaintiff Abrego Garcia was then forced to strip, issued prison clothing, and subjected to physical abuse including being kicked in the legs with boots and struck on his head and arms to make him change clothes faster. His head was shaved with a zero razor, and he was frog-marched to cell 15, being struck with wooden batons along the way. By the following day, Plaintiff Abrego Garcia had visible bruises and lumps all over his body.

In Cell 15, Plaintiff Abrego Garcia and 20 other Salvadorans were forced to kneel from approximately 9:00 PM to 6:00 AM, with guards striking anyone who fell from exhaustion. During this time, Plaintiff Abrego Garcia was denied bathroom access and soiled himself. The detainees were confined to metal bunks with no mattresses in an overcrowded cell with no windows, bright lights that remained on 24 hours a day, and minimal access to sanitation.”

And although the complaint alleges that El Salvadoran prison officials acknowledged that Abrego wasn’t a gang member, they threatened him with physical harm at the hands of gang members in the prison:

“As reflected by his segregation, the Salvadoran authorities recognized that Plaintiff Abrego Garcia was not affiliated with any gang and, at around this time, prison officials explicitly acknowledged that Plaintiff Abrego Garcia’s tattoos were not gang-related, telling him ‘your tattoos are fine.’

While at CECOT, prison officials repeatedly told Plaintiff Abrego Garcia that they would transfer him to the cells containing gang members who, they assured him, would ‘tear’ him apart.

Indeed, Plaintiff Abrego Garcia repeatedly observed prisoners in nearby cells who he understood to be gang members violently harm each other with no intervention from guards or personnel. Screams from nearby cells would similarly ring out throughout the night without any response from prison guards on personnel.

During his first two weeks at CECOT, Plaintiff Abrego Garcia suffered a significant deterioration in his physical condition and lost approximately 31 pounds (dropping from approximately 215 pounds to 184 pounds).”

During a conference call with District Judge Paula Xinis in Greenbelt, Maryland, the government acknowledged it intended to deport Abrego Garcia again, this time to a third country. That would not violate the withholding order that prevented them from sending him to Venezuela. The government’s lawyer represented that it didn’t have imminent plans for deportation, but Abrego Garcia’s lawyers told the court, “We have concerns that the government may try to remove Mr. Abrego Garcia quickly over the weekend, something like that.” They asked for an emergency order that would bring him to Maryland if he were released in Tennessee, where he is facing the criminal charges the government filed against him when they returned him from El Salvador.

Abrego Garcia remains in federal custody in Tennessee while the Magistrate Judge considers whether to release him—she previously ruled he was entitled to release, but she was concerned about the deportation issue.

Judge Xinis set a July 7 court hearing in Maryland to discuss the emergency request and other matters. Today, she rejected the government’s request to delay the hearing to a later date.

The same week Abrego Garcia’s wife filed her original complaint, Defendant Kristi Noem traveled to El Salvador to “visit” CECOT prison. She posed for this photo in front of a cell full of prisoners.

A report from the CATO Institute suggests that although the government claims all of the men it sent to Venezuela are “illegal aliens,” in 50 of the 90 cases where they were able to identify how the men entered the United States, the men said that they entered the U.S. legally, with government permission, at an official border crossing point.”

The Criminal Case

The government attempted to save face when it returned Abrego Garcia from El Salvador by filing criminal charges against him involving the transportation of people who were known to be present in the U.S. without legal immigration status. Comments made by government officials went far beyond the facts alleged in the indictment—a clear violation of DOJ policy—in describing his conduct and claiming he was a serious violent criminal who, among other things, had sexually assaulted women.

Last week, there were reports that the government’s key witness, Jose Ramon Hernandez Reyes, likely the owner of the car Abrego Garcia was driving during the incident he was charged with, was a three-time convicted felon. The deal the government cut with him allowed his early released early from federal prison to a halfway house in exchange for his cooperation in the case.

An official with Homeland Security Investigations, part of ICE, testified Hernandez Reyes would have been deported but for his cooperation with the government. The Washington Post reported that he said in court that the government “is also likely to give him a work permit.”

In the meantime, Abrego Garcia’s attorneys have asked District Judge Waverly D. Crenshaw Jr. in Tennessee to enforce local rules that prohibit the Trump administration from making “extensive and inflammatory extrajudicial comments about Mr. Abrego that are likely to prejudice his right to a fair trial.” The motion continues, “These comments continued unabated—if anything they ramped up—since his indictment in this District, making clear the government’s intent to engage in a ‘trial by newspaper.’”

Abrego Garcia’s lawyers raise four points of concern in their pleading:

  • “[T]he government has relentlessly attacked Mr. Abrego’s character and reputation in dozens of public statements … Many of the government’s statements have been highly prejudicial and serve no justifiable law enforcement purpose—and reflect nothing more than the lengths the government will go to in its efforts to paint Mr. Abrego as a dangerous criminal to deflect from its mistake.”
  • “[T]he government has expressed opinions about Mr. Abrego’s guilt and the evidence in this case in ways that go far beyond the limited disclosures permitted” by local rules of court.
  • “[T]he government’s statements have been contaminated with irrelevant and false claims that the DOJ ‘knows or reasonably should know are likely to be inadmissible as evidence in a trial or that would, if disclosed, create a substantial risk of prejudicing an impartial trial.”” As an example, they offer that, “at a press conference announcing these charges, Attorney General Bondi recounted allegations from unreliable alleged coconspirators that Mr. Abrego ‘abused undocumented alien females,’ ‘trafficked firearms and narcotics,’ ‘solicited nude photographs and videos of a minor,’ and ‘played a role in the murder of a rival gang member’s mother.’” They also objected to what they call unsubstantiated claims that Abrego Garcia is Mr. Abrego is a “wife beater” and “domestic abuser.” They conclude that “These assertions are not only irrelevant and inflammatory, but also based entirely on inadmissible hearsay.”
  • “[S]ince the indictment was unsealed, the government has made nearly three dozen statements about the fact that it has charged Mr. Abrego with a crime, without reference to the presumption of innocence.”

In a normal administration, an Assistant United States Attorney who did any of these things would most likely be seriously sanctioned by internal DOJ disciplinary mechanisms. But here, the concern is about the Attorney General of the United States and other high-ranking officials. We are no longer surprised by much, but we should reclaim our ability to be shocked by the truly outrageous. Because that’s exactly what this is.

It is the job of defense lawyers to put the government on its back foot. But they’ve made the claims in this case knowing that they will be thoroughly tested. In their motion, Abrego Garcia’s lawyers ask the court for a very simple sanction: they want him to “issue an order directing the parties to comply with Local Criminal Rule 2.01,” the local rule that prohibits these out-of-court statements. This afternoon, Judge Crenshaw directed both sides to stop making public statements about the case. It’s not clear from his two-sentence ruling, “Motion (69) is GRANTED. All counsel are expected to comply with the Local Rules of this Court,” whether the order extends to DHS employees in addition to DOJ employees, which Abrego Garcia’s lawyers requested.

Despite this limited action, the motion was a strategic one that hints at the kind of arguments that will be used to argue a guilty verdict, if the government obtains one, should be reversed because the jury pool was tainted by the government’s own statements to the public. The motion also recites that, “The Vice President, a Yale Law School graduate, went so far as to flatly lie about Mr. Abrego, calling him a ‘convicted MS-13 gang member,’ notwithstanding that Mr. Abrego in fact has never been convicted of any crime at all.” Abrego Garcia’s lawyers are busy making a record.

This case, which has brought issues of due process and the prospect of the executive branch of government ignoring orders issued by the judiciary to the forefront of Americans’ minds, will stand as one of the most important cases in American history. We don’t yet know how it will end. It is a very dangerous moment for our democracy, one we should all pay close attention to. Thanks for being here with me at Civil Discourse. Your support, and your paid subscriptions help me devote the time and resources necessary to this work.

Words of Caution by Experts on Iran and the Middle East

19 Thursday Jun 2025

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So much is being said and written about Israel’s remarkable military and intelligence attack on Iran’s nuclear facilities in the last week and now about whether the United States should enter the war and use the B2 Bomber and huge ordinance that President Obama commissioned 10 years ago in order to send a clear message to Iran that should negotiations for the Iran Deal not be completed, there was a military option available to the United States to prevent Iran from acquiring a nuclear bomb.

I offer here two of the most thoughtful discussions I have read and listened to.

The first is an article that appeared this week in Foreign Affairs written by Daniel C. Kurtzer, a former U.S. Ambassador to Egypt and former U.S. Ambassador to Israel and the S. Daniel Abraham Professor of Middle East Policy Studies at Princeton University’s School of Public and International Affairs, and Steven N. Simon, a Visiting Professor and Distinguished Fellow at Dartmouth College who previously served on the U.S. National Security Council and in the U.S. Department of State – “America Should End Israel’s War on Iran – Not Join It: How Trump Can Prevent a Disastrous Escalation.” https://www.foreignaffairs.com/united-states/america-should-end-israels-war-iran-not-join-it

The second is a 20 minute-interview  on the Substack The Contrarian by former Washington Post columnist and Contrarian co-founder Jen Rubin with Wendy Sherman, former United States Deputy Secretary of State in the Biden Administration and the lead negotiator for the United States in the “Joint Comprehensive Plan of Action” (JCPOA) – otherwise known as the “Iran Deal” – that President Trump cancelled in 2017: https://contrarian.substack.com/p/is-the-us-about-to-be-dragged-into?r=53ubpn&utm_campaign=post&utm_medium=web&triedRedirect=tru

War with Iran

15 Sunday Jun 2025

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I have listened weekly since October 7, 2023 to a Podcast called “For Heaven’s Sake” with Rabbi Donniel Hartman and Yossi Klein HaLevi of the Shalom Hartman Institute in Jerusalem. Together, these two Israeli Jewish thought-leaders have sought to understand events taking place in Israel, Gaza, Lebanon, and Iran as they have unfolded every week. Of all their podcasts, I will most remember the one they recorded this past Friday called “War with Iran.”

I recommend that you listen to it, whatever your attitudes are about the Israel-Hamas war, or the humanitarian crisis in Gaza, or Prime Minister Netanyahu and his extremist right-wing government.

You can listen here: https://podcasts.apple.com/gb/podcast/war-with-iran/id1522222281?i=1000712767321  

“The Art Spy” by Michelle Young – A Book Review

10 Tuesday Jun 2025

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Rose Valland

What most intrigued and shocked me in reading this well-written and deeply researched new biography and history called The Art Spy (New York: HarperCollins, 2025, 390 pages, including notes) by the American art historian Michelle Young about Rose Valland (1898-1980), the acting curator of Jeu de Palme Museum in Paris from the 1930s to 1950s, and an art spy on behalf of the French Resistance against the Nazis, was the massive crime of greed the Nazis perpetrated against the world of fine art in Paris, how that greed began like a trickle of water at the beginning of the occupation and then became a torrential wave that helped transform the “City of Light” into a ‘city of darkness.’ This book details the heroic commitment of Rose Valland as she recorded in stunning detail what happened to the art stolen by the Nazis between 1939 and 1944.  

Rose cataloged every work of art by classical and modern painters and sculptors that were taken from Jewish homes and galleries, art collectors and French museums by Nazi criminals for themselves, for Hitler’s “Führermuseum,” or for the purpose of selling them at inflated prices to support the German war effort. The Jeu de Paume Museum in Paris was the art center the Nazis used to accumulate tens of thousands of stolen paintings, drawings, sculptures, jewelry, furniture, books, and other fine art to ship out of the French capital.

Hitler’s second-in-command, Hermann Göring (1893-1946), who Michelle Young characterized as “an insatiable predator,” visited Jeu de Palme from Berlin dozens of times and walked away cumulatively with thousands of master-works for himself that he promised he would pay for, but never sent a franc. Göring was convicted by the Nuremberg War Crimes Tribunal after the war for his many crimes against the Jews and others and sentenced to hang, but he committed suicide a day before the execution could take place.

Another Nazi art thief, standing six feet and four inches, was the “handsome and athletic Bruna Lohse” (1911-2007). He absconded with hundreds of master paintings and pieces of fine art, was tried after the war in a French military trial – Rose served as one of the prosecution witnesses – but Lohse charmed his American interrogators and ultimately was acquitted. He went on to become wealthy as a German art dealer well into his 80s, never expressing any remorse for his war crimes.

Michelle Young cites the names of many Nazis and collaborating French art historians whose names and deeds have subsided into the rear-view mirror of history. She brings them forward so we now know who they were and what crimes they committed.

Young reports:

“The Nazis looted approximately 650,000 works of art [thousands from 69,619 Jewish homes] by war’s end in Europe during WWII. Rose and her team were responsible for the restitution of more than sixty-one thousand works of art in the decade after World War II. Even when the world moved on, Rose was still fighting. Today, it is believed that over one hundred thousand pieces of Nazi-confiscated artwork, taken from all over Europe, have yet to be recovered.”

This means that thousands of today’s contemporary private art collectors and art museums around the world are holding, unwittingly perhaps, many famous art objects stolen from French Jews, from other collectors and from European museums. They include the master works of Da Vinci, Veronese, Rembrandt, Delacroix, David, Picasso, Degas, Monet, Manet, Van Gogh, Gauguin, Duchamp, Chagall, Matisse, Braque, Leger, Ensor, Klee, Rodin, Pissarro, and many others.

Over a period of four years, Michelle Young (fluent in French, German and English) painstakingly, and with the assistance of her husband, read every letter, list, and document written and saved by Rose Valland, who safe-guarded all her records meticulously in her apartment.  

Rose was unpaid for years at Jeu de Palme because of the misogynist and petty hostility of Henri Verne who oversaw the national museums in France and the Ecole du Louvre. For Rose, she continued to do her work because for her, preserving the world’s great art was a labor of love.

Rose lived with her life-partner, Joyce Heer, in Paris’ Latin Quarter. Joyce was a “half-German British citizen employed by the US embassy…who lived in a world of constant uncertainty because the British, even before the war began, were treated like the enemy, even by non-Germans.”

Joyce was imprisoned for about six months and suffered hunger and humiliation before being released. The two women “lived in perpetual terror that they might be overheard speaking English or spied on.” Undeterred, Rose understood that her role was to chronicle what was happening to the fine art the Nazis stole for shipment by train and truck to Germany.

Paul Rosenberg (1881-1959), one of the most wealthy prewar Paris Jewish gallery owners, collectors and agents for modern masters including Pablo Picasso and Henri Matisse, escaped Paris with his entire family to New York City before the Nazis conquered Paris. Only his son Alexandre (1921-1987) refused to go to America and instead fought in the French Resistance under the leadership of the exiled General Charles de Gaulle (1890-1970). Michelle Young tells the Rosenberg family story fully in this book. The Nazis stole virtually everything the Rosenbergs owned except what they had sent abroad or hid in the French country-side before the war began.

One might think, while reading this well-documented biography, that the theft of such massive amounts of art is secondary to the murder of six million Jews and the havoc and brutality the Nazis wreaked upon Europe, and they would be right. The point of the book, nevertheless, is to highlight the heroism of Rose Valland who risked her life daily to save French high culture. That is a story worth telling that Michelle Young told so very well.

Young wrote eloquently of the essence of art itself and the Nazi destruction of master works they called “degenerate art”:

“Each painting held thousands of years of collective evolution in the art of representation, to humanize, …thousands of years of contemplation on how the real three-dimensional world and the complexity of human nature could be embodied on a two-dimensional canvas. Art is transcendent–a visual medium that stirs emotion and helps people understand their place in a world that can never be fully comprehended. Even the earliest men and women made rudimentary art within the environment around them. This wanton destruction in the Nazi rooms in the Louvre served to erase a form of expression through which humans differentiated themselves from animals. And yet, here were men of a supposedly superior race acting in the most inhuman, destructive way.”

Young wrote about Rose’s deepest intention:

“It would have been painful for Rose to see her museum used as a laundering facility [Rose called the Jeu de Paume a “confiscation factory”] for stolen art by deceitful men with dubious intentions. Her job, her life calling, was about celebrating the beauty in art and presenting it to the public, but now she was witnessing the wholesale theft of the world’s finest creations.” [Rose’s hope was that the Allies] “would one day prevail and her intelligence could be used. With her inside glimpse into Nazi operations, she could see how, as she later stated, ‘the persecution against the Jews was coupled with the looting of their property.’”

Michelle Young tells the stories of other French heroes during war as well, specifically Jacque Jaujard (1895-1967), Valland’s ally, who sought to stand in the way whenever possible of the Nazi plunder of Europe’s art treasures as the director of the Louvre Museum. Jaujard also had deep concern for his Jewish workers in the museum. Presciently, Jaujard evacuated major works starting in 1938 when many in France thought the war was about to start. Villard quoted Jaujard: “I would like my Jewish colleagues to leave first.” Young wrote: “…knowing what fate might befall them in the hands of the Germans. There was no detail that Jaujard would overlook.”

As they did everywhere, the Nazis created euphemisms to describe the worst of their crimes (e.g. “The Final Solution” for the Shoah – “transfer” and “safeguarding” for the plunder of Europe’s art). Rose described the Nazi thievery as a “camouflage of intentions.” The Nazis, under the mastermind of Alfred Rosenberg (1893-1946), a Baltic German Nazi theorist and ideologue who was tried and convicted at the Nuremberg Trials and executed for his war crimes in 1946, was the one who classified many artworks as “degenerate art,” that is, art that did not fit with the racial-creed of the Aryan vision of culture.

Rose was stoic throughout the war and “did not allow herself the luxury of crying or feeling sorry for herself.” Rather, she developed her spy craft, “discreetly eyeing the shipping labels to decipher their destinations…surveilling Nazi staffers, even discovering their home addresses down to the floors and apartments they lived in.”

Young concludes the book by describing the allied invasion of France on the Normandy beaches on D-Day (June 6, 1944), and the eventual re-taking of Paris by the allied powers and the French Resistance, as well as some of the violent retribution by Parisians upon French collaborators with the Nazis. She also describes Rose’s eight-year-long effort to retrieve what she estimated to be 100,000 works of art that had been looted from France alone, and return it, to the best of her ability, to their rightful owners based upon her detailed journals and record-keeping.

Rose died in Paris in 1980 in obscurity at the age of eighty-one, three years after her life-partner Joyce Heer died. They are buried together in a cemetery in Rose’s hometown, Saint-Etienne-de-Saint-Geoirs, France.

Michelle Young’s thorough historical and biographical treatment of this heroine of the French Resistance fills a gaping hole in our knowledge of one of the greatest crimes in history and one of the most courageous women of the Nazi era. I recommend this book highly. It ought to be part of every library covering the history of art, WWII and the Holocaust.