Police Crack Down on Student Protests

Kent State

Do you see this image? This is a picture of a student shot dead by the National Guard at Kent State University in Ohio. I remember when this happened, and I can tell you it was a dark day in America. What were the students doing? They were protesting the war in Vietnam. It was largely because of these protests that the war was brought to an end.

Fast forward to today. We have protests all over America, indeed the world, of the war Israel is waging against the Palestinians. It is not antisemitic to protest the slaughter of thousands of innocent women and children and other noncombatants. This slaughter is inhumane and tantamount to genocide, regardless of what the U.S. Government is saying. It should be protested and attention must be paid!

We see police action and the National Guard being called up in some states to quell these protests. This must stop! We do not want another Kent State. I understand that we have to support our allies, and Israel is an ally, but this needless slaughter of the innocents must stop! It goes against American values, and it goes against my values. I stand with the protesting students.

Does it Walk Like a Duck?

Is Israel committing genocide?

A man gestures as Palestinians search for casualties a day after Israeli strikes on houses in Jabalia refugee camp in the northern Gaza Strip, November 1, 2023. REUTERS/Mohammed Al-Masri

Is Israel committing genocide? Well. let’s see. Let’s give it the duck test. Does it walk like a duck? Does it quack like a duck? South Africa seems to think so. They are taking Israel to an international tribunal to seek justice for the Palestinians.

But just ask Israel’s, prime minister. He says, Genocide? What genocide. Who are you going to believe me or your lying eyes?

22,000 Palestinians dead. Mostly innocent civilians. Mostly children. Forced migration, displacement, starvation, and no clean drinking water. Destruction of homes and hospitals.

Winking Blinken and Nod is doing everything he can to slow down the hostilities but because he represents the Disunited Mistakes, which is Israel’s biggest defender, there is little he can do.

Let’s review, then. What is genocide?

The current definition of Genocide is set out in Article II of the Genocide Convention:

Genocide means any of the following acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial, or religious group, as such:

(a) Killing members of the group;

(b) Causing serious bodily or mental harm to members of the group;

(c) Deliberately inflicting on the group conditions of life calculated

to bring about its physical destruction in whole or in part;

(d) Imposing measures intended to prevent births within the group;

(e) Forcibly transferring children of the group to another group.

If it walks like a duck and it quacks like a duck, it must be a duck. If it’s not genocide it is certainly murder and the God of the Jews is pretty clear about how He feels about murder. Thou Shat Not Kill, He says. Oh, but Israel has a right to defend herself you say. Yes, but this goes way beyond self-defense.

What happened to Jews during the holocaust was a horrible tragic event of epic proportions. One of the worst cases of genocide in human history. Never Again! What happened on October 7 was a tragic horrible event and a crime against humanity. But those events do not give Israel carte blanche to destroy an entire population in retribution. You don’t use an elephant gun to kill a mosquito. You don’t use a meat cleaver when a scalpel is appropriate. In Vietnam, we used to have a saying, “We have to burn down the village to save the village.” It was an absurd notion then and an absurd notion now. Israel needs to bring this war to a conclusion and cease the hostilities at once. Those responsible for war crimes must be held accountable.

Hamas knew exactly what it was doing when it acted in such an ignominious way. They knew Israel would attack Gaza with furious vengeance. In doing so, it has turned the world’s opinion against Israel and has garnered sympathy for the Palestinian Cause. That is exactly what Hamas wanted. And Israel fell into their honey trap.

Disqualified!

Donald Trump is disqualified from taking office by the plain language of the Constitution which reads as follows:

Section 3 of the 14th Amendment: “No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”

The clause is self-executing and needs no conviction to take effect. One jurisdiction has adjudicated the fact that Trump engaged in an insurrection and at least one secretary of state has found that Trump has engaged in an insurrection. That is enough.

Now that the Supreme Court has taken up the matter it will be interesting to see what weasel words the right-leaning SCOTUS will come up with to keep Trump on the ballot.

Genocide? A Problem from Hell

Gaza AP Photo

The crime of all crimes is genocide. If the 20th century was the age of genocide the 21st is not looking much better.

There has been a lot of talk lately about genocide and the word has been bandied about rather loosely. Mostly regarding the ongoing war in Israel against Hamas in the Gaza Strip. Because Hamas uses the civilian population as human shields innocent civilians are getting caught in the crossfire and bombardment by Israel.

The recent conflict began with an act of terror waged against innocent Israelis by Hamas and other Palestinian fighters who invaded a peaceful Kibbutz, killing some 1400 men, women, children, and babies, in the most inhumane ways imaginable. This act of terror was a war crime itself. The question is, is Israel’s response to the killing of 1400 Israelis by bombing and killing of large numbers of noncombatant Palestinians (17,700 as of this writing) many of them women and children, and the forced removal of thousands more, justified? Certainly, some type of response is justified. Israel has the right to defend herself. But shouldn’t it be proportional? And shouldn’t it be within the boundaries of the internationally recognized laws of war?

Let’s return to the question of genocide. What exactly is genocide? What is its legal definition?

Raphel Lempkin, a Polish Jew, invented the word “genocide” and secured the passage of the first-ever United Nations human rights treaty in 1948. It took the United States 19 years to ratify the treaty. According to the Convention, genocide is a crime that can take place both in time of war as well as in time of peace. The definition contained in Article II of the Convention describes genocide as a crime committed with the intent to destroy a national, ethnic, racial or religious group, in whole or in part. The Convention establishes a duty on State Parties to take measures to prevent and to punish the crime of genocide, including by enacting relevant legislation and punishing perpetrators, “whether they are constitutionally responsible rulers, public officials or private individuals.” (Article IV)

The current definition of Genocide is set out in Article II of the Genocide Convention:

Genocide means any of the following acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial, or religious group, as such:

(a) Killing members of the group;

(b) Causing serious bodily or mental harm to members of the group;

(c) Deliberately inflicting on the group conditions of life calculated

to bring about its physical destruction in whole or in part;

(d) Imposing measures intended to prevent births within the group;

(e) Forcibly transferring children of the group to another group.

What is going on in Gaza?

Genocide is the actual reality of Palestinians living in Gaza. They are an entrapped, displaced, starved, water-deprived population of 2.3 million facing massive bombardments and carnage in one of the most densely populated areas in the world. Over 17,000 people have already been killed as of this writing. Tens of thousands have been injured and over 45% of homes in Gaza have been destroyed. The United Nations Secretary-General said that Gaza is becoming a “graveyard for children.”  A ceasefire remains elusive. Israel continues to blatantly violate international law: dropping white phosphorus from the sky, dispersing death in all directions, shedding blood, shelling neighborhoods striking schools, hospitals, and universities, bombing churches and mosques, wiping out families, and ethnically cleansing an entire region in both callous and systemic manner. What do you call this? I call them war crimes. Crimes against humanity and yes, I think this rises to the level of genocide.

The United States must use whatever influence it has to bring this atrocity to a halt. Israel has a right to defend herself, but she must do so within the bounds of international laws and norms. She must abide by the United Nations Convention on the Prevention of Genocide.

In 1979 President Jimmy Carter stated, “We must forge an unshakeable oath with all civilized people that never again will the world fail to act in time to prevent this terrible act of genocide.”

The time for action is now!

War and Rumors of War

Antisemitism on the Rise

Gaza – Photo credit, New York Times

Antisemitism is on the rise in this country and around the world. I loathe bigotry of any sort, but antisemitism is particularly galling. How did we get to this place? The war between Israel and Hamas has a lot to do with it. Hamas knew exactly what it was doing when it struck on October 7. They knew Israel would unleash fury upon Gaza. As they use civilians as human shields, collateral damage is inevitable.  The more carnage the more world opinion turns against Israel and sympathy rises for the Palestinians. This is exactly what Hamas wants and it is winning the propaganda war. I don’t like to see civilians killed in war, especially innocent children. It breaks my heart every time I see a small broken body being carried in a parent’s arms. There doesn’t seem to be any good solution, but I would like to see a cease-fire, the hostages released, and negotiations begin for a two-state solution. Big ask. I know Israel won’t stop until Hamas is obliterated. This is understandable as they face an existential threat, but they must do everything possible to limit civilian casualties and abide by the rules of war.

One more thing. Just because you criticize the state of Israel does not make you an anti-Semite. Every country in the world is subject to criticism. That is the very basis of free speech. It’s when that speech crosses over to hate speech is when we have a problem, and that speech could be interpreted as anti-Semitic. Let’s keep it clean. We should be able to discuss these issues without devolving into hate speech.

SHOW RESTRAINT

War and Rumors of War

I unequivocally condemn Hamas’ brutality, and I am horrified by the bloodshed left in its wake, and deeply mourn the loss of innocent lives. The horror of these attacks beggars the imagination and can only be described as pure evil and acts of terrorism.

There is no moral equivalency between what Hamas did and what Israel is doing to defend herself. I completely support Israel’s right to defend herself, but she must do so in accordance with international law. I agree with the concerns expressed by international human rights organizations who are worried about civilian casualties in the war.

The U.S. and its allies have a moral obligation to uphold the laws of war and abide by the Geneva Conventions.

Palestinian civilians are not Hamas and had nothing to do with the shocking attacks. The United States must work to ensure innocent residents of Gaza are not indiscriminately punished for the actions of terrorists. The intentional attack on civilian populations is nothing less than a war crime.

Vigilance

“All men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”

America is a unique country in the history of the world. Founded on the concept of liberty and equality it is a beacon of hope to all. If you were born in this country at this time, you have pretty much won the lottery. What you do with your life is up to you, but the potential for greatness and the opportunity for success and happiness is here. People from all over the world want to come here.

Freedom is worth preserving and the cost of liberty is vigilance.

That is why the clown show in Washington is of such concern to me. The clowns and the jugglers like Trump, DeSantis, Matt Gaetz, Loren Boebert, Marjorie Taylor Greene, George Santos, and Kevin McCarthy present a clear and present danger to our freedom and democracy. They want to control what you read and what you say. What you study in school and whom you can marry. They want to control women’s bodies. They are like ravening wolves in sheep’s clothing.

They are snake oil salesmen who would sell their snake oil on a street corner in hell touting its medicinal effects on healing burns. They are lies and liars and should be called out at every opportunity. With a Republican-controlled House, things will only get worse before they get better. Stay vigilant.

Neil Gorsuch is a big fat liar

Justice Sonia Sotomayor

Neil Gorsuch is a big fat liar and the Case of the Praying High School Coach was wrongly decided.

The case was a significant test of how the court balances free speech and religious liberty against the establishment clause, with the court increasingly giving more weight to the former. In a dissent, Justice Sonia Sotomayor took issue with Justice Neil M. Gorsuch’s portrayal of the facts in the majority opinion; She said the opinion “misconstrues the facts” regarding whether then-Bremerton (Washington) High School football coach Joseph Kennedy’s prayers were “quiet” and “private.”

Gorsuch began his opinion by stating:

“Joseph Kennedy lost his job as a high school football coach because he knelt at midfield after games to offer a quiet prayer of thanks. Mr. Kennedy prayed during a period when school employees were free to speak with a friend, call for a reservation at a restaurant, check email, or attend to other personal matters. He offered his prayers quietly while his students were otherwise occupied. Still, the Bremerton School District disciplined him anyway.”

Gorsuch later writes that the evidence makes clear “that Mr. Kennedy has demonstrated that his speech was private speech, not government speech.”

Sotomayor said this was, in fact, a misrepresentation:

“To the degree the court portrays petitioner Joseph Kennedy’s prayers as private and quiet, it misconstrues the facts. The record reveals that Kennedy had a long-standing practice of conducting demonstrative prayers on the 50-yard line of the football field. Kennedy consistently invited others to join his prayers and for years led student-athletes in prayer at the same time and location. The court ignores this history. The court also ignores the severe disruption to school events caused by Kennedy’s conduct.”

Essentially, there is a lengthy, years-long history in this case that includes suggestions that players might have felt compelled to participate. Sotomayor argues that this was important in determining whether Kennedy’s conduct violated the separation of church and state, even after he was issued warnings and his players no longer participated.

In other words, Gorsuch lied. this is not surprising as we have other liars on the supreme court. Those who lied their way onto the court, saying at their confirmation hearings before Congress that Roe was settled law.

The credibility of the court is at an all-time low and confidence is waning.

Full disclosure: I attended Bremerton (Washington) High school when I was 14 years old. This was at a time when I was losing my religion. I clearly remember being appalled and offended by the religious activity taking place at the High School.

Buffalo Shooting

Image courtesy USA Today

Another heartbreaking mass shooting yesterday at a grocery store in Buffalo New York lies in the intersection of rampant gun violence, racism, white supremacy, and pure evil. While most Americans are not racist fear-mongers a significant portion apparently are. The manifesto written and uploaded to the internet by the shooter references the “replacement theory” that black and brown people will replace white people. This is based on the original theory that “Jews will not replace us” which is an antisemitic trope found in the “Blood and soil “propaganda propagated by Nazi Germany. It is a philosophy based on hate, racism, and white supremacy.  

 Last year, an Associated Press poll found that about a third of American adults believe an effort is afoot to “replace” U.S.-born Americans with immigrants. In addition, roughly 3 in 10 Americans think additional immigration will cause white, Americans to lose their economic, political and cultural influence.

This is dangerous thinking and fuels right-wing extremism that leads to violence. Also, while I am at it, no one in America needs a military-style assault weapon. The damage these weapons do to the human body and the number of people killed in a matter of seconds beggars the imagination. There are too many guns on the streets of America. It is a national health crisis of staggering proportions. Attention must be paid! Every day a person is killed by gun violence on the streets of Louisville, Kentucky where I live. You take your life in your hands when you are out for a walk at night. We need common-sense gun laws now to make our cities safe again.

War and Rumors of War

Lessons from History

(Image: Getty Images/stock photo)

Once we are through with the 1619 project perhaps, we could move on to the Vietnam War Project.

While we are at it and are stressing over our fighting a proxy war with Russia and fearing the possibility of a nuclear confrontation let us remember that we (the USA) are the only country in history to drop an atomic bomb on another country. And it was we who let the nuclear genie out of the bottle in the first place. One can only hope that we don’t inherit the wind.

And let us not forget we fire-bombed Tokyo, another civilian target, nearly burning that city to the ground. Robert Macnamara, the Secretary of Defense at that time, is quoted as saying that if we had lost the war he would surely have been tried as a war criminal.

This is not to say that we should not condemn Russia’s invasion of Ukraine and its merciless targeting of civilians, but as the saying goes, let he who is without sin cast the first stone. There is a reason we are not signatories to the International Criminal Court.

We can do better and we are doing better I think, but let us not forget from whence we came for he who forgets the lessons of history is forever bound to repeat them. Rather, let us be a beacon of hope to those who love freedom and a keeper of the eternal flame of remembrance for those who have fought and died in war.