Justice Revisited or Revised?

Well, it’s that time of year again – Amirfest, or perhaps Rabinfest.  For those of you who are not in Israel let me explain how this is traditionally observed.  Towards the end of October, the local media start writing inflammatory articles designed to whip up a public frenzy against the murderer of Yitzchak Rabin, the goal being to see who can inspire the most radical responses possible.  So far the one that sticks in my mind for this year is one individual who suggested that Yigal Amir’s wife and week old infant be strung up by the neck with him.

Make no mistake.  By no means do I condone assasination, and Amir certainly deserves to serve every day of the punishment handed down to him.  Like those far to the Left of myself, I believe that the legal system must be allowed to operate and that justice must be served.  The difference is that those on the Left seem to believe that that the legal system only applies until it comes to Amir.

Unfortunately the Left still fails to comprehend the true nature of Amir’s greatest political crime.  Yes of course he killed Rabin, but those on the left will be the first to concede that Rabin as Rabin was no different than any other victim but will tell you “it’s what Rabin represented that Amir killed and that’s what makes this different.”

That’s exactly the point.  What Rabin represented was the democratic process of letting the people choose their leaders and deciding by the ballot rather than by the bullet.  But by the same token he has caused the Left to encourage the destruction of the same democracy under the guise of “justice.”

It amazes me to see how eagerly the talkback lefties on news sites and the interviewees on the radio consistently speak of creating new laws with which to punish Amir and apply them retroactively.  Creating and applying a punishment to someone which wasn’t in existence at the time they commited the crime is the antithesis of democracy worthy of the most totalitarian of countries.  If Israel were to create a law that would in any way work retroactively to worsen the situation of a single arab terrorist sitting in an Israeli jail the entire Left would raise a howl and every one of its lawyers would beg to represent the “victim.”  But the moment it’s a Jew under discussion they rush to invent new punishments and pile them on. Amir can barely ask for a roll of tissue paper for his cell without the media reporting it and 600 talkbackers suggesting reasons why Amir shouldn’t be allowed to go to blow his nose for the rest of his life.  Yet this seems normal to them.  With a straight face they will explain to you why “Amir is different.”  But that’s just the point – Amir isn’t different – not under the law that existed on Novermber 4, 1995.  Perhaps it should have been different…but it wasn’t.  Post-mortem, people often rewrite history.  Already the Left has managed to focus Rabin’s legacy on his miltary career and his victimhood in search of “peace.”  His willingness to give away parts of his country for a peace guarantee from Arafat (whose greates legacy was that he never kept a promise in his life), his slaughtering of fellow Jews (including an attack on his later successor Menachem Begin) on the illfated Altalena, and his history of alcoholism while in office are glossed over.  But that’s the difference between law and history.  It is safe to rewrite history only to the extent that it affects the past and safe to rewrite law only to the extent that it applies to the future.  In the case of Rabin and Amir, history is being rewritten in order to encourage people to demand that the law be rewritten to affect the past.   

That, in the end is Amir’s greatest (by his calculations) “success.”  He, by himself has become the catalyst for the Left’s unveiling of its own hypocrisy.  The Leftist who calls for Amir to suffer punishments that were not on the books when he committed his crime, effectively negates ANY possibility of fair justice.

There are many, yes even on the right, who wish that there had been a more stringent law under which to punish Yigal Amir.  But to do so now under a newly created Yigal Amir law does nothing but grant victory to Amir by admitting to him that he’s caused a state of affairs where the left considers the laws of the state to be subject to the individual whims of the moment.  Even the call to allow such a state of affairs is so repugnant as to cause many to sympathize with Amir and place him in the role of the victim of a witch hunt.  The man got his punishment, let him serve it anonymously and without celebrity.  Giving him a stage is a victory for noone but himself and our national tabloids.

For Gilad Shalit’s sake don’t trade for him

Once again our government is debating over whether to trade an insane number of prisoners in exchange for a captured soldier.  As always the arguments for either side are strong ones and as always there’s a lot of personal emotion involved.  And that’s just the problem – that it happens again and again.

If Israel had any reason to believe this time would be different it might be worth making the trade.  For example if they planned to make the trade and then afterwards systematically seal up Gaza hermetically, hunt down every person there known to be involved with terrorism and execute them, decimating the ranks of the terrorist organizations all at once to the extent that people would be afraid to have any link to them all would be well and good.  If Israel had reason to believe that the people they were releasing wouldn’t add to the 177 people who have been killed already this decade by terrorists released from Israeli jails in similar prisoner exchanges fine.  But there’s no reason to believe either of these scenarios will happen.  All that will happen is that the terrorists will be rewarded for their behavior with positive reinforcement and even a lab rat knows how to respond to that kind of lesson.  If Israel is not going to change its behavior drastically to the extent of all out war following Shalit’s safe release then just don’t bother.

No doubt many will accuse me of being callous: “how can you leave Gilad with those people?” they’ll ask.  Well what makes them think he’ll be any better off in Israel after such an exchange?  He’ll have to live here with the feeling that every person killed by any of the hundreds (if not thousands) of released murderers is on his head (even if it’s not his responsibility he’ll still feel it much as any of us would be haunted by hitting someone with our car when they jumped in front of it suddenly to commit suicide – we may not be culpable but we still feel guilt).  He has to live knowing that other Israelis, including himself (again) and his family are fair game for any terrorist wanting to secure the release of murderers.  That is assuming his psyche hasn’t been irrevocably damaged already beyond the point of living a normal life after being held for this long by the Palestinians

Of course this is all an assumption – I assume he’s alive.  Considering the last set of prisoners we released in return for soldiers this could well be an unwarranted assumption.  In exchange for hundreds of killers (who have to this point been responsible for the deaths of 35 other Israelis since the swap) the Hizbullah gave us 3 soldiers bodies and a drug dealing ex-army officer alive (and he was probably left alive only to make Israel feel foolish for trading for him).  Do we know Shalit is alive?  No international body has been allowed access to him nor is there even any videoed evidence of him.  We’re assured by the Palestinian Authority that he’s being treated with Muslim hospitality but they have no authority over the thugs holding Shalit. and no reason to believe he’s alive.

Releasing Shalit would be a fatal error on Israel’s part.  Our image as a regional power already suffered enough damage as a result of the recent war in Lebanon.  Our only choice now is to tough it out.  The recent Passover holiday is a good example of how to handle things.  Like Moshe and Aharon we need to deliver an ultimatum and stick to it.  The Palestinians have 24 hours to deliver Shalit or the plagues begin.  Perhaps we can’t turn their water to blood but we can stop their utilities.  We can stop food from going in through the checkpoints.  We can seal off the borders and cut off their money and job supply and let them wallow in their own filth.  If they feel a need to blow up we can leave them to blow up inside Gaza.  If they want to attack us we leave them to have to do it face on against our army in a conventional battle where we’re the ones at an advantage.  In short we negotiate from a position of strength and make them suffer for having done the kidnapping rather than from a position of weakness where we’re begging them to give us our soldier and handing them live weapons back on a silver platter.

The world?  They’ll yell and they’ll criticize but as long as our soldier’s being held in violation of a UN resolution and the Palestinians refuse to release him they’re going to have a hard time working up any major resolutions against us.  The US will veto any attempts and try and talk us into an “evenhanded approach,” but as with everything else in this region a whole lot of talk will happen and that’s all – but at least the Palestinians will know we mean business and not assume they can just walk over us – which is what a prisoner exchange would signify.

If Li kud only believe…

The Friday edition of the Jerusalem Post this week (April 6 2007) contained a large ad to urge Anglos to join the Likud.  The opening line of the ad had to take me aback: “are you tired of waking every morning to a new corruption scandal?” it asked.

Now let’s put aside for a moment the fallacy that Anglos should vote for a party based solely on their being English speakers.  Let’s just consider this portrayal of the Likud as some sort of alternative to what’s wrong in politics today.

There’s no question that the present government is one of the most roundly investigated ever.  Still, the idea of the Likud trumpting themselves as the antithesis of that is ironic at best, hypocritical at worst.  Have we so quickly forgotten the party who just a few years ago got 40 seats in the Knesset which were divided up on the basis of cronyism.  The party was totally controlled by a central committee run by Uzi Cohen the deputy mayor of Raanana who, regardless of whether the things he himself has been investigated for and despite the lovely job he’s done with Raanana’s flower beds, is hardly qualified to be deciding the fate of the nation by delegating Knesset seats in backroom deals.

Knesset seats went to a law student (Inbal Gavrieli) whose work experience resume consisted of waitressing and having a daddy who donated to the Likud; to a candidate (Ruhama Avraham) who tried to garner votes by opening a hot dog stand for the central committee delegates).  Later there was even a space freed up for a former beauty queen (Penina Rosenblum).  And of course Naomi Blumenthal was actually convicted on election corruption charges.

Even after the party list was determined the cronyism continued.  How else can one explain that a man who was voted into the knesset from number 32 in the list was immediately elevated by Sharon to a position where he was the natural replacement for Sharon as prime minister.  Then there was the use of Sharon’s son (26th on the list) as a personal delegate for sensitive situations rather than a higher listed member based on blood relation to the big boss.

Of course there were also criminal invetigations going on in the Likud during their recent tenure in power:  Naomi Blumenthal and Omri Sharon were both convicted on criminal charges, Likud leader Ariel Sharon was being investigated for improprieties and Yehiel Hazan for double voting in the knesset itself. 

And of course all the complaints about Kadima are all very well but let’s remember that Kadima was spawned by the Likud exploiting the voters by creating a party that goes against everything the Likud has ever stood for.  Meanwhile the present Likud list (which features a barely known former auto-parts salesman in 3rd place) was voted in by a Likud electorate that included a large percentage of Likudniks who said straight out that they were waiting to move till Kadima till after the Likud internal vote so they could sabotage Likud’s list by loading the top with subquality candidates (and which at least to some extent they seemed to have succeeded in doing).  The party list Likud wants you to vote into knesset is this same substandard list.

So please…if someone wants to urge Anglos to give the Likud a second chance maybe they should try telling us why it’s any different than it was in the past instead of pompously fingerpointing at other parties and making the Likud out to be some sort of clean-as-snow alternative.