Sunday, January 15, 2017

WSJ brings Israel's insane Justice to America

Up until now the journalistic protocol in North America has been to respect the demarcation line which separates the verdict that's rendered by a legal body of any stripe – referred to as the Court – from the speculative opinion that's delivered by a commentator.

If the commentator is appealing to the court of public opinion aside from the legal considerations of the case being discussed, he can say anything he wants about the case without dragging into the discussion the verdict of the Court. But if the commentator wishes to dispute or criticize the Court's verdict, he is expected to comport himself in accordance with the procedure that's normally followed by the legal system.

That is, the commentator must tell where the judge has erred in the law or in the facts, and must fully articulate his argument if he wants to bring the audience to his side. Since this is what defense lawyers and prosecutors do when they appeal a verdict to a higher court, the chances would be that the case has gone to appeal already.

But there are reasons why the case might not have gone to appeal. It's because there would have been alternatives. For example, the defendant might have launched a separate suit against the plaintiff, making a claim of his own. In this case the two trials would have gone forward separately and simultaneously. Or perhaps, one of the antagonists could have moved to join the two cases, thus had them go forward as a claim and counterclaim in a single trial.

Mindful of the solemnity of this process, the North American media – be they big or small; be they broadsheet or tabloid – have gone out of their way to treat the process with respect when deciding to publish or to turn away the commentary of a contributor, especially if he or she is not a lawyer.

Now, my friend, guess which publication threw that protocol to the wind? Was it a tabloid? No. Was it a supermarket rag? No. It was none other than the prestigious Wall Street Journal. And why did the editors of the Journal make an exception this time? Because the contributors are two Jews living in Israel who co-wrote an article about Israel's legal difficulties at the Security Council of the United Nations.

It appears that the Journal editors have joined the crowd which says that Israel is so high above the law, any Court – be it local, national or international – that dares to take up a case which puts Israel on trial, must be treated like a toilet. And why not? If the mighty American Congress, which makes the laws and not just adjudicates them, happily turned itself into a Jewish toilet, why would the U.N. Security Council or any court not be honored to earn the designation of Jewish toilet?

The unfolding in real life of the ideas, images and events expressed above came in an article that was written under the title: “The U.N. Can Find Balance in the Middle East” and the subtitle: “After its censure of Israel, the Security Council needs to send a similar warning to Palestinian maximalists.” It was authored by two Israelis, Einat Wilf (a former Mossad agent) and Adi Schwartz (a Zionist fanatic), and was published on January 14, 2017 in the Wall Street Journal.

The authors are maligning the UN Security Council resolution condemning Israel's policy of looting Palestinian properties. And they are maligning the Paris peace conference which they predict will harm the prospect of peace between the Israelis and the Palestinians. This is not surprising since the only thing that the Jews will say advances peace, is the Palestinians handing them their properties and vacating the place. This is what they call balance; it is what they want everyone to say … or shut up.

Still, the authors could have gotten away with treating the subject the way they did, and the Wall Street Journal could have escaped criticism if Wilf and Schwartz had appealed to the court of public opinion without trying to tackle the legal aspects of the case. But that's not what they did. Instead, they criticized the Security Council and disputed its verdict in defiance of the protocol.

They violated the procedure that's followed by the legal system in North America and respected by the media. This may be the way that things are done in Israel where everything is a haggle, and nothing is definitive. There, things remain muddy and ambiguous till the advent of a Messiah who, they say, will straighten things for them. In North America, we consider verdicts to be definitive unless and until new evidence comes to the surface.