In A Democracy Some Are Guilty, but All Are Responsible: Executive Orders Start to Turn the Page On Torture & Detention

As promised and expected, President Obama acted quickly to revoke some of the most egregious and morally reprehensible acts of the previous administration by issuing a number of Executive Orders on Thursday 1/22/09.

In three Executive Orders, President Obama reversed American policy on interrogation/torture, started a review of detention options and policy, and decided to close the detention facilities at Guantanamo Bay Naval Base and review the cases of all individuals detained there.

US Policy on interrogations/torture put a stain on us all and the detentions at Gitmo undermined our Constitution and its rights. Together, these actions darkened the ideals of our country and lowered our status in the world.

At the RHR-NA Conference in December, experts on these issues remarked that it was not the members of the Bush Administration who did these acts. Since they have been public knowledge for four or more years and the policies were not stopped by the public or elected officials, we all did these actions. It is just as Rabbi Abraham Joshua Heschel taught: in a democracy some are guilty but all are responsible.

With a sense that our nation may be starting to restore shlemut (wholeness),

Rabbi Bruce

PS. I sent a message to the White House to thank President Obama for these Executive Orders. You may want to do the same. The contact page had a nice comment about gifts: instead of sending items to the White House for the Obamas or Bidens, the White House encourages people to support local charitable organizations and needy individuals.

Peace to Those Near & Far - The More Things Change, the More Things Stay the Same

For the past week and a half, I have watched the footage, read editorials and emails, and participated in conference calls with Israeli diplomats and Jewish leaders. I just started to write, 'Once again, Israel is at war with its neighbors.' That is not quite true. Once again, the world is noticing that Israel is at war with its neighbors and that the bloodshed--and therefore the news reports--are much higher than before.

During the summer of 2006, I visited Israel during its war with Lebanon. While most of the media focused on the fighting between Hezballah and Israel, the missiles raining down on the North, we also visited Sderot -- the town filled with poor and immigrant Israelis that abuts Gaza. For the last few years, there have been almost constant missile attacks on Southern Israel with limited Israel military response. Until it expired on December 19th, their were many fewer missile attacks. Still, a generation of Israeli children in the South have lived under the threat of constant, deliberate missile attack. I do not believe that Israel is without fault but international law and government responsibility to its citizens demands that it protect its citizens. Hamas' desired aim is to kill civilizians in terrorist attacks, it refuses to negotiate with or even recognize Israel. It takes no responsibility for controlling the arms in its terroritory (other than to take them away from rival Palestinian factions.

None of this means I do not care of the loss of Palestinian lives. But a few questions need to be asked: Israel has spent billions building shelters to protect its citizens. Why are Palestinian women in children dying and the Hamas leaders surviving? It is because the only shelters to have been built are for Hamas. I know it is a poor area under economic sanctions by much of the world. But Palestinian aid has disappeared to the tune of billions. What is a responsible government supposed to do when a declared enemy launches missiles at civilians populations, from dense populated areas?

Professor Alan Dershowitz--one of the foremost civil libertarians in the US wrote an editorial about the issues of proportionality and international law in the Wall Street Journal. I leave these issues to the experts but note that until the ground war, Egypt and Saudi Arabia joined many local, national, and international leaders in supporting Israel against Hamas.

One final note about Israel sovreign neighbors. While Israel has peace agreements with Jordan, Egypt, and the Palestinian authority, there are many inbalances in the long history of Arab-Israeli conflicts. Most of the residents of Sderot were expelled from the Arab lands they lived in for hundreds of years. They have been full citizens of Israel since arriving, were resettled, given homes, educations, job training, etc. Why haven't the Palestinians been treated the same by the Arab countries that have housed them since 1948 and 1967? Egypt has only half-heartedly stopped smuggling of weapons into Gaza from Sinai. Israel has destroyed more than fifty tunnels--including large, sophisticated tunnels reaching far into Egyptian territory. While they are quite happy keeping Palestians out of Egypt, can't they keep large, military missiles out a neighboring country? Now, Egypt is working with the EU, the US, and the UN to achieve a cease-fire. Where were they when bombs were falling for years?

I pray for a peaceful resolution to this conflict. I spent my first year after college studying in Jerusalem. It was 1993-1994, the year Israel and the Palestinians signed the Oslo Accords. It saddens me that far from being better, the conditions for Palestinians and Israelis is worse than before. I still hope that I will see a democratic, Palestinian state living peacefully with Israel but despair that it won't be until my young children study in Israel in ten or more years!

Shalom, shalom to those near and far,
Rabbi Bruce

Here are some resources that will provide a variety of viewpoints. I have previously blogged about organizations that I support personally.
I suggest the excellent Israeli papers: Ha-Aretz (the New York Times of Israel--politically moderate) and Jeruslaem Post (an Engish daily that is more Conservative). The Israel on Campus Coalition represents a broad coalition of organizations that represent Israel on campus, and (since they are not part of ICC, groups such as Rabbis for Human Rights or Peace Now.

Help Senate Pass Anti-Torture Legislation

Anti-torture legislation is once again reaching the Senate floor. In the next few days, the Senate will be taking up the Intelligence Authorization Bill (H.R. 2082) which contains a provision (section 327) that would require all interrogations of detainees to conform to the guidelines set out in the Army Field Manual (those are the ones that Senator McCain fought for). You will recall that the CIA has been exempted from following these guidelines. This legislation is the product of a joint Congressional committee and is therefore in the very last stage of final passage.

The legislation is threatened by a filibuster on the Senate floor. It is important that you contact your Senator and indicate that you believe he or she should vote to end the filibuster. There are several Senators who are swing votes on this issue and whose views are critical, for instance, on the Democratic side, Senator Lieberman of Connecticut, and, on the Republican side, Senator Arlen Specter of Pennsylvania. You can contact your Senators by calling the Senate switchboard at (202) 224-3121 – much more effective than e-mail.

Join Kvod Habriot: Jewish Human Rights Network

Help us build a national network that will make universal human rights a core commitment of the Jewish community.

We are rabbis, communities, and individuals dedicated to the human rights of all.

What are the goals of K'vod Habriot?

1. Build the first-ever, national network to mobilize Jewish commitment to human rights.
2. Strengthen Honor the Image of God: Stop Torture Now, A Jewish Campaign to End U.S.-Sponsored Torture.
3. Mobilize the Jewish community to address other human rights issues.

K'vod Habriot Statement of Principles:

• "Every human being is created in the image of God" Bidmut Elohim asah oto: It is incumbent on each of us to act in a way that affirms the fundamental dignity of every human being. Respect for each human being is the foundation of Jewish ethics.
• "[We must] do what is just and right." La'asot Tzedek U'Mishpat: For a nation to have legitimacy, it must enforce a system of law that is fair, equitable, and just.
• "Do not oppress the stranger, orphan or widow." Ger, Yatom, V'Almananah Al Tonu: We have a duty to promote a society that cares for the economic well-being of all of its members, especially those who are most vulnerable.
• We believe that the Universal Declaration of Human Rights flows from these Jewish values, as well as from our own historical experience, especially that of the treatment of Jews during the Holocaust. Therefore, it is incumbent on us, as Jews, to defend the human rights of all who are oppressed.

Communities that join the K'vod Habriot network commit to the Statement of Principles and to:

• Advocate for human rights through K'vod Habriot action campaigns, beginning with the current Honor the Image of God: Stop Torture Now, A Jewish Campaign to End U.S.-Sponsored Torture;
• Sign the Jewish Statement Against Torture, joining over 700 rabbis and 2,000 Jews who have already done so;
• Celebrate International Human Rights Day on December 10;
• Educate themselves on the core values of Judaism and human rights, and learn about current human rights concerns;
• Integrate human rights concerns into Jewish rituals and holidays;

Rabbis for Human Rights-North America is committed to support communities engaged in this critical work by providing:

• Regular K'vod Habriot action alerts on pressing human rights issues, beginning with the campaign against torture;
• Inspiring educational and liturgical resources, including suggestions for Jewish text study, reflections, and prayers, curricula for different ages and settings, sermon suggestions, and discussion material;
• Staff support for rabbis and community leaders.
• Suggestions for community activities related to human rights such as lobbyig, speakers, film screenings, cultural presentations and opportunities for interfaith partnership and action.

You can Join the K'vod Habriot Network online or download the brochure and mail in the form.

Better Postings About the RHR-NA Conference

My colleague (one of the many I met for the first time earlier in the week) began a blog recently.
He has a number of more complete postings on the conference.

RB

The Movie 'American President': Human Rights Conference

American President is a great movie (that it has impressive dialogue is not suprising considering Aaron Sorkin is one of the writers).

In a defining moment of the movie, President Shephard gives a long speech at a press conference. Obviously, a lot could be made of this speech in regards to current politics (especially fear mongering and character attacks). Attached below is the entire speech.

I started thinking about this speech earlier in the week while attending the Rabbis for Human Rights-NA Conference. More than one speaker remarked that the name of the organization should be redunadant--all rabbis should be in favor of human rights. Instead of 150 rabbis, the conference should have been overflowing with every available rabbi in North America. Although I can think of a few reasons why this may be the case, it is an important question to consider.

Here is the reworked quote: For the record: yes, I am a card-carrying member of Rabbis for Human Rights North America. But the more important question is why aren't you, [insert name of Rabbi here]? Now, this is an organization whose sole purpose is to defend human rights, so it naturally begs the question: Why would a rabbi, his [or her] community's most powerful spokesman and religious leader, choose to reject upholding the human rights? If you can answer that question, folks, then you're smarter than I am, because I didn't understand it until a few hours ago. Judaism and human rights are not easy. They are advanced citizenship. You gotta want it bad, 'cause they're gonna put up a fight.

Shalom,
Rabbi Bruce

The Movie Quote:
For the last couple of months, Senator Rumson has suggested that being president of this country was, to a certain extent, about character, and although I have not been willing to engage in his attacks on me, I've been here three years and three days, and I can tell you without hesitation: Being President of this country is entirely about character. For the record: yes, I am a card-carrying member of the ACLU. But the more important question is why aren't you, Bob? Now, this is an organization whose sole purpose is to defend the Bill of Rights, so it naturally begs the question: Why would a senator, his party's most powerful spokesman and a candidate for President, choose to reject upholding the Constitution? If you can answer that question, folks, then you're smarter than I am, because I didn't understand it until a few hours ago. America isn't easy. America is advanced citizenship. You gotta want it bad, 'cause it's gonna put up a fight. It's gonna say "You want free speech? Let's see you acknowledge a man whose words make your blood boil, who's standing center stage and advocating at the top of his lungs that which you would spend a lifetime opposing at the top of yours. You want to claim this land as the land of the free? Then the symbol of your country can't just be a flag; the symbol also has to be one of its citizens exercising his right to burn that flag in protest. Show me that, defend that, celebrate that in your classrooms. Then, you can stand up and sing about the "land of the free". I've known Bob Rumson for years, and I've been operating under the assumption that the reason Bob devotes so much time and energy to shouting at the rain was that he simply didn't get it. Well, I was wrong. Bob's problem isn't that he doesn't get it. Bob's problem is that he can't sell it! We have serious problems to solve, and we need serious people to solve them. And whatever your particular problem is, I promise you, Bob Rumson is not the least bit interested in solving it. He is interested in two things and two things only: making you afraid of it and telling you who's to blame for it. That, ladies and gentlemen, is how you win elections. You gather a group of middle-aged, middle-class, middle-income voters who remember with longing an easier time, and you talk to them about family and American values and character. And wave an old photo of the President's girlfriend and you scream about patriotism and you tell them, she's to blame for their lot in life, and you go on television and you call her a whore. Sydney Ellen Wade has done nothing to you, Bob. She has done nothing but put herself through school, represent the interests of public school teachers, and lobby for the safety of our natural resources. You want a character debate, Bob? You better stick with me, 'cause Sydney Ellen Wade is way out of your league. . . . We've got serious problems, and we need serious people, and if you want to talk about character, Bob, you'd better come at me with more than a burning flag and a membership card. If you want to talk about character and American values, fine. Just tell me where and when, and I'll show up. This is a time for serious people, Bob, and your fifteen minutes are up. My name is Andrew Shepherd, and I *am* the President.

Rabbis For Human Rights

Since yesterday I have been in NYC attending the first conference of Rabbis for Human Rights - North America. This gathering of 150+ rabbis and 50+ rabbinical students from all denominations (and post-denominational groups) is inspiring.
It has been wonderful to learn from masterful teachers (Rabbis Art Green, Gordon Tucker, Professor Moshe Halbertal and more) and to connect with likeminded colleagues from across the Jewish spectrum.

More to follow,
Rabbi Bruce

Second Letter Sent Before I Left for Israel

I would like to thank you for your wishes and support on my upcoming trip to Israel. On Tuesday I sent an email shortly after deciding to join the trip. My intention was to provide opportunities for the dispersed individual members of our communities to respond to the current crisis through letters, wishes, and acts of Tzedakah (Jewish righteous acts).

In our tradition, the highest form of helping is done personally or through the appointment of a shaliah mitzvah (a personal agent who will perform the act for you).

After consulting with colleagues at Smith and Amherst, I realize that many read the letter as a direct solicitation. While this was not my intent, I understand that my email is confusing and problematic from an institutional standpoint.

It would have been more appropriate for me to recommend organizations that you can support directly. Accordingly, I ask you not to send money and will be returning any money already sent.

I remain willing to take your personal letters or wishes (as long as they arrive ASAP). [obviously I can't do this now]

Here are a few ways, you can personally respond to the crisis.

Magen David Adom is the Israel Government mandated emergency and blood services and is the recognized member of the International Red Cross and Crescent Association. 95% of all ambulance services, 100% 0f IDF Blood service, 97% of all blood services are provided
by MDA as an unfunded government mandated operation.
They are running emergency blood drives and crash courses for MDA volunteers. For more information, visit their web site.

Yad Sarah, Israel's largest volunteer organization provides free or nominal medical care and equipment to any who ask (regardless of religion or nationality).
When my family lived in Israel, they provided medical equipment for our temporary use. Supporting this organization is a great way to support the most needy
among the sick, elderly, and injured. For more information, visit their web site.

I am a member of Rabbis for Human Rights North America. Rabbi for Human Rights is the sole Israeli organization, including rabbis from all the movements of Judaism, whose purpose is to give voice to the Jewish religious traditions of human rights and to strive for justice and peace as reflected in Israel's Declaration of Independence.
Rabbis for Human Rights educates Israelis in the schools, the army, and in local communities about the human rights and Judaism. It advocates for economic justice for all Israelis and protects the rights of Palestinians by preventing home demolitions and protecting olive groves and harvesters. For more information, visit their North American affiliate.

Additionally, the Ziv Tzedakah Foundation provides educational information about smaller non-profits doing direct service in Israel. Educator Danny Siegel created Ziv to spread the word about the important Jewish value of righteous, personal action. For more information, visit Ziv.

I look forward to sharing my experiences with you when I return. I am also happy to talking with any of you about this and/or my previous email. I will be thinking of all of you over the next week. Please let me know if there are individuals you would like me to reach while I am in Israel.

Shabbat shalom,

Rabbi Bruce

Assure Victory against Torture

From the Shalem Center:

The time is close when we can win a strong legislative barrier against the use of torture by the US government – AND WE NEED TO ACT TO ASSURE THIS MAJOR VICTORY for morality and for religious ethics.

Our action suggestions are below. Save time for them this coming Monday.

First, a review of where we are:

If you thought the torture of US prisoners was over, think again. Lawyers for the Guantanamo prisoners report disgusting & criminal acts toward helpless prisoners who have gone on hunger strike because their efforts to appeal for court hearings have been ignored or denied. See Item III below for the lawyers' report.

Yet – victory at least in legal terms is in sight.


In early May 2004, just days after revelation of the use of torture in Abu Ghraib, The Shalom Center began a campaign to win religious (and especially Jewish) support to condemn and abolish the clearly systemic and clearly sinful use of torture by the US government.

No other Jewish organizations and few in other religious communities were ready to act. At a time when the Forward newspaper reported silence in most of the official Jewish community, we condemned that silence vigorously.

Now things have begun to change. Rabbis for Human Rights/ North America took this issue as a major concern. The Union for Reform Judaism board only a few months ago adopted a condemnation of torture. It allowed Rabbi David Saperstein to join RHR/NA in meeting with
Senator John McCain – probably the only Senator in American history who has himself been the victim of torture --- to support his efforts to reaffirm existing law to forbid the use of torture.

By a vote of 90-9, the Senate has passed the McCain amendment to the Department of Defense appropriations bill to establish uniform guidelines for treatment of detainees and to reaffirm the prohibition on torture and other cruel, inhuman and degrading treatment.

But the President of the United States, defining the Pharaohs, Caesars, and Inquisitions of history as his spiritual and political lineage, has threatened to veto the bill if it comes with that provision.

To prevent his having to do that public act of infamy, the Administration has been working hard to block that provision in the House of Representatives, and keep it out of the bill.

The House and Senate have different versions of the Defense appropriations bill, requiring the legislation to go to a “conference committee” that will reconcile the two versions and agree on a final text.

It is crucial that the Senators and Representatives who are assigned to the conference committee retain the McCain amendment as is.

What you can do next:

Call the chair and ranking members of the House and Senate Appropriations Committees and the Subcommittees on Defense Appropriations. To do this, simply call the Capitol Hill switch board: (202) 224 - 3121 and ask to be connected to one of the following legislators. (Call as many as you can.)


• Senator Tad Cochran (Republican – Mississippi): Chair of the Senate Appropriations Committee
•
• Senator Robert Byrd (Democrat – West Virginia): Ranking Member of the Senate Appropriations Committee
•
• Senator Ted Stevens (Republican - Alaska): Chair of the Defense Appropriations Subcommittee in the Senate
•
• Senator Daniel Inouye (Democrat - Hawaii): Ranking Member of the Defense Appropriations Subcommittee in the Senate
•
• Representative Jerry Lewis (Republican – California): Chairman of the House Appropriations Committee
•
• Representative David R. Obey (Democrat – Wisconsin): Ranking Member of the House Appropriations Committee
•
• Representative Bill Young (Republican – Florida): Chair of the Defense Appropriations Subcommittee in the House
•
• Representative John Murtha (Democrat – Pennsylvania): Ranking Member of the Defense Appropriations Subcommittee in the House

What to ask:

• Make clear that you are calling out of your religious, spiritual, and ethical connections and values. If you are a clergyperson, say so; if an active member of a religious community, say so.
•

Ask them to ensure the McCain amendment is retained as is by the conference committee and to encourage the President to sign it into law.

• Tell them the United States must stand without exception for the principle of human decency and against the use of torture and all forms of cruel, inhuman, and degrading treatment.


• Also, take the opportunity to urge Congress to establish a fully independent commission to investigate all allegations of torture and cruel treatment by agents of the U.S. Government around the world.

PLEASE SET ASIDE TIME THIS COMING MONDAY TO MAKE AT LEAST ONE AND IF POSSIBLE SEVERAL OF THESE PHONE CALLS.

The thanks you get from this action come only in a minor way from me. Far more, they come --
• from the millions of human beings who through history have been shattered in body and sometimes in spirit by torture;


• and from those who founded the United States of America with the absolute conviction that its government must never take part in that loathsome practice;


• and above all from the God Who placed the Divine Image in every human being so that It will be honored and nurtured -- neither twisted in those who use torture nor broken in those who suffer it.
****************************************************
III. GITMO LAWYERS REPORT TORTURE OF HUNGER-STRIKING PRISONERS

An attorney from one of New York's highest-prestige law firms, working also with the Center for Constitutional Rights, reports disgusting and criminal behavior by guards and physicians against hunger-striking prisoners in Guantanamo.

Julia Tarver is an attorney with the law firm of Paul, Weiss, Rifkind, Wharton & Garrison LLP and cooperating counsel with the Center for Constitutional Rights. She obtained a court OK for public release of her declaration regarding the situation at Guant?namo.

Tarver's notes detail her interviews with her clients, Yousef Al Shehri, Abduhl-Rahman Shalabi, and Majid Al Joudi, who are currently engaged in a hunger strike. The declassified notes reveal the dire conditions of these men. According to Tarver's declaration:

. Force-feedings resulted in prisoners "vomiting up substantial amounts of blood. When they vomited blood, the soldiers mocked and cursed at them, and taunted them with statements like 'look what your religion has brought you.'"_

. "Large tubes - the thickness of a finger - were viewed by detainees as objects of torture. They were forcibly shoved up the detainees' noses and down into their stomachs. Again, no anesthesia or sedative was provided."_

. "[D]etainees were verbally abused and insulted and were restrained from head to toe. They had shackles or other restraints on their arms, legs, waist, chest, knees, and head... with these restraints in place, they were given intravenous medication (often quite painfully, as inexperienced medical professionals seemed incapable of locating appropriate veins). Their arms were swollen from multiple attempts to stick them with IV needles... If detainees moved, they were hit in the chest/heart._

. "In front of Guant?namo physicians - including the head of the detainee hospital - the guards took NG tubes from one detainee, and with no sanitization whatsoever, reinserted it into the nose of a different detainee. When these tubes were reinserted, the detainees could see the blood and stomach bile from other detainees remaining on the tubes. A person detainees only known as Dr. [redacted] stood by and watched these procedures, doing nothing to intervene."
_
. Detainee Abdul-Rahman communicated that, "one Navy doctor came and put the tube in his nose and down his throat and then just kept moving the tube up and down, until finally Abdul-Rahman started violently throwing up blood. Abdul-Rahman tried to resist the 'torture' from this physician, but he could not breathe."_

. Detainees complying with the nasal tube feeding were doing so only because they believed it had been ordered by a U.S. court, a belief that is simply untrue.

After years in U.S. custody without formal charges or a hearing on the legality of their detention - despite a Supreme Court ruling in their favor - the hunger-striking detainees at Guant?namo have come to the conclusion that, according to Abdul-Rahman,"now after four years in captivity, life and death are the same."

While the Center for Constitutional Rights and cooperating habeas counsel have continuously voiced concern for their clients' health given the length of their detention without trial and the conditions of their confinement, the situation has become acutely dangerous since detainees began their latest hunger strike on August 8, 2005.

It is unclear how many detainees are on hunger strike at this time, but as many as 200 men have participated at various times.

"What we learned on our last trip to Guant?namo was troubling to us as lawyers, as human beings, and as Americans. We never thought we would see the day when this sort of treatment took place at a facility run by the United States government.

"It is inconsistent with the rule of law this country was founded upon, and it is inconsistent with the spirit and values of the American people," said Julia Tarver.

CCR cooperating attorneys from Paul, Weiss, Rifkind, Wharton & Garrison LLP and many other firms have emphasized the life-threatening nature of the situation at Guant?namo. They have informed the court that the DOD has invited representatives of the American Medical Association to visit Guant?namo and investigate the medical treatment provided to prisoners on the hunger strike.

The attorneys urged the court to appoint physicians to investigate the medical treatment or to consider allowing counsel to bring their own medical experts to Guant?namo. Attorneys also asked that they be able to accompany the AMA representatives if they go.

"It is both depressing and yet profoundly moving that this hunger strike continues in the face of such horrible adversity.

"Despite the very real possibility that some of these men may die, it is deeply life-affirming that so many of these detainees living in such dire circumstances are willing to risk their lives and bodies for the sake of basic democratic values that should be, and sadly are not, part of American policy today," said Barbara Olshansky, Deputy Legal Director of the Center of Constitutional Rights.

There are plans afoot at CCR for a Fast for Justice on Noveember 1 in affirmation of the detainees' human rights. We will send more information as these plans develop.

RABBINIC STATEMENT ON TORTURE

I just signed onto to this initiative sponsored by Rabbis for Human Rights of North America.

Previously, this letter was sent to all the members of the Senate containing an additional calling on them to reject the nomination of Alberto Gonzales. The reasoning was the way he evaded questions and refused to repudiate the use of torture at his hearing. Unless he commits himself to appoint an independent special counsel to investigate U.S. interrogation and torture policies and to fully release all related documents, we urge the Senate to reject his nomination.

The letter is the first inter-denomination rabbinic statement against the use of torture. It will be used for education and advocacy as part of a longer-term campaign against torture and does not refer to the Gonzales nomination. We hope that a few hundred rabbis from all the movements to sign this statement and also over the next few months invite Jews (hopefully a few thousand) to sign as well.

The text of the letter, along with other materials that we hope to develop, will be used to generate moral discussion and debate in synagogues, Hillels, Federations, community relations councils,
Jewish community centers and other communal institutions.

The letter would also be used as part of an advocacy campaign for a ban by the United States government on the use of torture. We plan to organize meetings of rabbis with their senators and to join with other religious and human rights groups that are working towards the repudiation of the use of torture by the United States
government.

I invite you to join me in this effort--one that speaks to the essence of Judaism's view of shared humanity created in the Divine Image.
Please let me know if this is an issue that interests you.

B'shalom,
Rabbi Bruce