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Dershowitz Embarrasses Us Again

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    Alan Dershowitz runs for President of Israel Franklin Lamb 7 January, 2009
    Message 1 of 1 , Jan 6, 2009
      Alan Dershowitz runs for President of Israel Franklin Lamb 7 January,

      st=5491> Fact- and Law- Checking the Wall Street Journal and Alan
      Dershowitz Part I: Dershowitz Misstates the Facts "Israel is leveling
      Gaza to strike at Hamas, just as they pulverized south Lebanon to strike
      at Hezbollah. Yet in both cases civilian populations were attacked,
      countless innocents killed or injured, infrastructure targeted and
      destroyed, and civil law enforcement negated. All this was, and is,
      disproportionate, indiscriminate mass violence in violation of
      international law. Israel is not exempt from international law and must
      be held accountable. It is time for the UN to not just call for a
      cease-fire, but for an inquiry as to Israel's illegal actions."
      – US Congressman Dennis Kucinich, 12/29/08
      Typically, within the first ten days or so of enrolling in an American
      law school, in this observer's case, Boston University School of Law, a
      student will begin to receive from professors or seasoned upper
      classmates, plenty of gratuitous but well intentioned advice. One bit
      that still rattles around in my ever-shrinking and increasingly
      over-crowded brain came from our Law School Librarian, Mr. Taylor.
      More than once, during my three year stint, I heard the sometimes
      crotchety Mr. Taylor, a brilliant former Boston trial lawyer, intone,
      with sometimes lavish flair (truth be told, he occasionally nipped White
      Horse scotch behind the Federal Supp. 2nd Stacks–but we never ratted
      him out to Dean Suskind) to law students in the Pappas Library trying to
      concentrate on writing their Briefs for the Homer Albers Moots Court
      "Future lawyers! Remember well! If, God forbid, some miserable wretch on
      this green earth should have the misfortune or exceedingly poor judgment
      to hire you to represent them in Court, heed this!
      If you find yourself arguing a case before a skeptical judge or jury and
      the law is clearly against you, for Christ's sake jump up and down and
      argue all the facts you can think of in your client's favor!"
      Then Mr. Taylor would invariably add, "On the other hand my dears, if
      the facts of the case are clearly against you, for Christ's sake jump up
      and down, but this time ignore or deny every single material fact and
      argue only the law. Look the judge or jury straight in the eye, with
      tears in yours, lower your voice and softly rant about the
      technicalities of the law and how the very survival of Western
      Civilization, which came to us, after all, with our mothers milk,
      depends on strictly applying it in your clients favor".
      Harvard Law Professor Alan Dershowitz, in his latest Arab-phobic,
      ultra-Zionist screed, in last week's Wall Street Journal in defense of
      Israel's ongoing slaughter in Gaza, having neither the law nor the facts
      in his favor, figuratively at least, just jumps up and down and rants.
      Harvard Law School sources, including the student newspaper, the Harvard
      Law Record, indicate that Alan is just acting out again and being
      'lawyerly' as he cozies up to various right wing power centers in Israel
      with his eyes peeled wide on being President of Israel when he retires.
      Some faculty colleagues and law students are encouraging him to retire
      sooner rather than later, as Harvard wearies of his witch hunts and
      hysterics and the disrepute he has brought on that institution with his
      myriad smear campaigns. Among his long list of victims have been against
      the likes of President Carter, Noam Chomsky, Howard Zinn, Norman
      Finkelstein, Nelson Mandela, Kofi Annan, the Dali Lama, Bishop Tutu, and
      all manner of supporters of the Palestinians right and obligation to
      resist the Israeli occupation and struggle to reacquire their stolen
      land. Not to mention his ex-girlfriend.
      In his January 2, 2009 article in the Wall Street Journal entitled
      'Israel's Policy Is Perfectly Proportionate
      <http://online.wsj.com/article/SB123085925621747981.html> ', Professor
      Dershowitz defends Israel's operation "Molton Lead" and while doing so
      consistently misstates the Facts and the Law.
      Dershowitz Misstates the Facts Alan Dershowitz:
      "Hamas knew that Israel would never fire at a home with civilians in it"
      Fact Check:
      On the contrary, Hamas and every person over 7 years old in the 1.5
      million Palestinians in Gaza, as well as in Lebanon and Palestine know
      that Israel will for sure "fire at a home with civilians in it." And
      also ambulances, convoys fleeing a war zone with prior UN and IDF
      approval and waving white flags, homes with only five children and their
      mother inside as they did in Nabysheet, Lebanon on July 19, 2006,
      destroying the family of my friend Abu Mohammad Chokr. History has shown
      that is what Israel does regularly and why it is increasingly a Pariah
      Virtually every human rights organization including Human Rights Watch,
      Amnesty International and relevant UN Agencies, the European Union,
      objective Israeli and international investigative journalists digging
      beneath the mainstream zionist media headlines has documented hundreds
      of cases of Israel targeting " a home with civilians in it". No fewer
      than 234 cases of firing on civilians in South Lebanon alone during
      2006, and hundreds of others in Palestine. In the past week in Gaza (29
      December 2008- 6 Jan 2009), Israel fired on more than 54 homes with
      civilians in them.
      Alan Dershowitz:
      "Terrorists firing at Sderot are so proud of their actions that they
      sign their weapons".
      Fact Check:
      Goodness Professor, since the days of cave men, the armies of Greece,
      Rome, Genghis Khan, to cowboys in the American west notching or
      'signing' their six-guns and rifles, one imagines virtually every army
      in history has been done this. We do know the 'most moral', 'elite' and
      'purity of arms' guys and gals in the Israeli Occupation Forces (IOF) do
      it as well. Yet it is a bit less sinister for lonely scared fighters to
      sign their weapons as a 'security blanket' than for the Public
      Information unit in the Israeli Ministry of Foreign Affairs to herd
      Israeli youngsters onto buses, as was done in 2006 in Lebanon, to visit
      IDF artillery bases and be given felt pens and told to sign the 155 mm
      cluster bomb rounds containing US supplied M-24, M-77 bomblets, before
      they are fired into South Lebanon in to kill and maim fellow school
      And indeed, sorry to be indelicate, but it is also a bit more civilized
      to sign one's weapon than the traditional practice of the Israeli forces
      entering civilian houses in numerous villages in South Lebanon in 2006
      (they did the same this in during their wars against Lebanon in1978,
      1982, 1993, and 1996— and rubbing their faeces over walls, inside
      water tanks, in pillows, beds etc poisoning wells and booby trapping
      children's toys (apparently it's an Occupation thing that warrants
      psychological study).
      Alan Dershowitz:
      "Since Israel ended its occupation of Gaza, Hamas has fired thousands of
      Fact Check:
      Israel never ended its occupation of Gaza. Following the September 2005
      dismantlement of its illegal colony/settlements, Israel maintained
      nearly total control of Gaza's borders, airspace, territorial waters
      (preventing most fishing), electricity, life-lines and economy, turning
      it into a sealed prison resembling the Warsaw Ghetto, according to UN
      Special Rapporteur, Richard Falk.
      Palestinians living in Gaza have not only the right but the obligation
      to resist Israel's continuing illegal occupation. Indeed, the very
      existence of Gaza is a historical reminder of those hundreds of
      thousands of Palestinians who lost their homes to Israel. Gaza is a
      Palestinian refugee camp—all of it. More than 80% of its inhabitants
      were victims of Zionist terrorism that pushed them off their
      land—many from Askalaan (Ashkelon), their heritage from that now
      Jewish town nearly erased, as Robert Fisk reminds us
      bombing-ashkelon-is-the-most-tragic-irony-1216228.html> .
      Alan Dershowitz:
      "Barack Obama visited Sderot this summer and saw the remnants of these
      rockets, he reacted by saying that if his two daughters were exposed to
      rocket attacks in their home, he would do everything in his power to
      stop such attacks. He understands how the terrorists exploit the
      morality of democracies".
      Fact Check:
      President-elect Obama feels the very same that every parent does
      including the parents of the 800,000 Palestinian children in Gaza
      including the parents of more than 147 children killed during the past
      seven days.
      Alan Dershowitz's claim of Israel as a 'moral democracy' is not backed
      by the facts. The 20% of its population that are Arabs are not included
      in this myth. Countless studies by Israeli and international human
      rights organizations, researchers and on the scene journalists have
      painstakingly documented the Apartheid nature of Israel. When it comes
      to education, housing, employments, medical services, government loans,
      travel, marriage, Israel's Arab population does not share in the "moral
      Democracy" of Israel, only in its immoral, racist Apartheid system.
      Alan Dershowitz:
      "Hamas knows from experience that even a small number of innocent
      Palestinian civilians killed inadvertently will result in bitter
      condemnation of Israel by many in the international community".
      Fact Check:
      And well should such killings, even if inadvertent, be condemned. But
      Professor Dershowitz's 'small number' is not a small number for the rest
      of the World. During the July 2006 War (not the "Second Lebanon War" as
      Israeli apologists like to refer to it while overlooking the Israeli
      Wars against Lebanon in 1978, 1993, and 1996) an estimated 82% of those
      killed in Lebanon were civilians, more than one-third children under age
      of 15. A 'small number' only in Alan's World. In Gaza the same pattern
      may or may not hold. Either way, the World, and not just Hamas, is
      getting tired of Israel inadvertently killing 'small numbers' of those
      it occupies or attacks.
      Alan Dershowitz:
      "Israel goes to enormous lengths to reduce the number of civilian
      casualties — even to the point of foregoing legitimate targets that
      are too close to civilians".
      Fact Check:
      Nonsense, Professor. If the targets are "too close to civilians" such as
      their homes, schools, cars, places of worship, hospitals etc. they are,
      by definition, not legitimate. But there is no evidence that "enormous
      lengths to reduce the number of civilian casualties" have ever been
      taken by Israel when attacking its neighbors. The absence of Zionist
      concern for civilians has been the case going back more than 70 years,
      since the Zionist gangs in pre-Nakba Palestine, between December 12,
      1947 at Haifa and Ramla to November 2, 1948 at Arab al-Mawasi, not quite
      one year, committed 27 massacres of civilians in Palestine. This
      practice continues until today in Gaza with the weekend's killing of
      three rescuers in an Israeli attack in Tal el-Hawa, killing two medics
      in an ambulance in Hay al Zaytoun, and five children from one family
      near al-Shifa Hospital.
      Next: Part II: Professor Dershowitz misstates the Law.
      Franklin Lamb is a former adjunct Professor of international law at
      Northwestern College of Law in Portland, Oregon. He is currently doing
      research in Lebanon and can be reached at fplamb@...


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