Analysis from Israel

Reading the New York Times op-ed pages recently, one can’t help thinking the paper has launched a deliberate smear campaign against Israel. Consider just two examples:

This week, it published a piece called “In Israel, Press Freedom Is Under Attack” by Israeli journalist Dimi Reider. Reider lambastes the 4.5-year sentence a court just imposed on Anat Kamm, claiming the former soldier has been punished “for leaking documents containing evidence of what she suspected might be war crimes committed by her commanders.” Since journalists worldwide rely on whistleblowers, he charged, this undermines press freedom:

The verdict sends several chilling messages. To young soldiers it says: shut up, even if you suspect your commanders of violating the law; they will go unpunished and you will go to jail if you leak. To the source it says: no one will protect you; don’t be a self-sacrificing fool. And to the journalist it says: know your place; cover what we tell you to cover, print our news releases, and keep within your bounds.

But here’s what the court said actually happened, as reported by the very newspaper to which Kamm gave the documents: Over the course of her army service, Kamm betrayed her oath as a soldier by “systematically” stealing everything she could get her hands on – 2,085 documents in all, including “plans for military operations, information on troop deployments, summaries of various internal discussions, military targets and intelligence assessments.” For similar crimes in America, WikiLeaks source Pfc. Bradley Manning now faces life in jail.

She then gave 1,500 documents to Haaretz journalist Uri Blau, who sorted through and found a handful that, in his opinion, showed the army was violating Israeli Supreme Court guidelines on assassinating terrorists. But as Reider himself admits, Israel’s attorney general – presumably a greater legal expert than journalists Reider and Blau – reviewed the material and concluded otherwise.

All this was widely reported in Israel’s English-language media, so the facts were easily checkable. But the Times preferred printing an anti-Israel smear.

Two months earlier, the Times published an op-ed by Israeli professor Carlo Strenger entitled “Netanyahu’s Partners, Democracy’s Enemies.” Strenger accused the Knesset of having “proposed and passed laws that seriously endanger Israel’s identity as a liberal democracy,” including “a law forbidding public commemoration of” the Nakba (literally, “catastrophe,” the Palestinian term for Israel’s establishment) and a “demand for all new Israeli citizens to swear a loyalty oath to a Jewish and democratic country.”

I’ve argued before that the proposed loyalty oath is no different than the pledge of allegiance required of American immigrants. But in any case, the bill died in the Knesset: Lacking a parliamentary majority, it wasn’t even brought for a vote.

As for the Nakba proposal, the Knesset itself concluded (correctly) that the original bill was undemocratic. Hence the law actually passed merely prohibited state funding for public commemorations of the Nakba. And while democracies must permit offensive speech, no democratic principle requires a state to finance public calls for its demise.

Again, all this was widely reported in Israel’s English-language media, so the facts were easily checkable. But the Times preferred printing an anti-Israel smear.

There’s been much talk lately about liberal American Jews “distancing” themselves from Israel. But that’s really not surprising when you consider that most liberal American Jews get their (dis)information about Israel from The New York Times. Hence American Jewish leaders concerned about this trend must start challenging the Times on these smears. And they must also start educating their public not to believe everything they read in its pages.

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Why Israel Needs a Better Political Class

Note: This piece is a response to an essay by Haviv Rettig Gur, which can be found here

Israel’s current political crisis exemplifies the maxim that hard cases make bad law. This case is desperate. Six months after the coronavirus erupted and nine months after the fiscal year began, Israel still lacks both a functioning contact-tracing system and an approved 2020 budget, mainly because Prime Minister Benjamin Netanyahu is more worried about politics than the domestic problems that Israel now confronts. The government’s failure to perform these basic tasks obviously invites the conclusion that civil servants’ far-reaching powers must not only be preserved, but perhaps even increased.

This would be the wrong conclusion. Bureaucrats, especially when they have great power, are vulnerable to the same ills as elected politicians. But unlike politicians, they are completely unaccountable to the public.

That doesn’t mean Haviv Rettig Gur is wrong to deem them indispensable. They provide institutional memory, flesh out elected officials’ policies, and supply information the politicians may not know and options they may not have considered. Yet the current crisis shows in several ways why they neither can nor should substitute for elected politicians.

First, bureaucrats are no less prone to poor judgment than politicians. As evidence, consider Siegal Sadetzki, part of the Netanyahu-led triumvirate that ran Israel’s initial response to the coronavirus. It’s unsurprising that Gur never mentioned Sadetzki even as he lauded the triumvirate’s third member, former Health Ministry Director General Moshe Bar Siman-Tov; she and her fellow Health Ministry staffers are a major reason why Israel still lacks a functional test-and-trace system.

Sadetzki, an epidemiologist, was the ministry’s director of public-health services and the only member of the triumvirate with professional expertise in epidemics (Bar Siman-Tov is an economist). As such, her input was crucial. Yet she adamantly opposed expanding virus testing, even publicly asserting that “Too much testing will increase complacence.” She opposed letting organizations outside the public-health system do lab work for coronavirus tests, even though the system was overwhelmed. She opposed sewage monitoring to track the spread of the virus. And on, and on.

Moreover, even after acknowledging that test-and-trace was necessary, ministry bureaucrats insisted for months that their ministry do the tracing despite its glaringly inadequate manpower. Only in August was the job finally given to the army, which does have the requisite personnel. And the system still isn’t fully operational.

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