Recent Hearings By House Foreign Affairs Committee

The House Foreign Affairs Committee has held two hearings of interest in recent days:

• Ending Global Religious Persecution (Jan. 28, 2020) Video of full hearing. Further coverage at Blog from the Capital.
  
• Resisting Anti-Semitism and Xenophobia in Europe (Jan. 29, 2020). Video of full hearing.

New Survey On Antisemitism In France

American Jewish Committee Paris yesterday released a new 35-page report on antisemitism in France (Full text of report). The report analyzes surveys conducted in October and November of 2019. AJC's release summarizing the report says in part:

Nearly three-quarters, 73%, of the French public, and 72% of Jews, consider antisemitism a problem that affects all of French society. 47% of the general public and 67% of the Jewish respondents say the level of antisemitism in France is high, while 27% and 22%, respectively, say it is low.

While 53% of the general public say antisemitism has been increasing, and 18% decreasing, in recent years, 77% of Jews say it has increased and 12% decreased....

... 70 percent of French Jews say they have been victims of at least one antisemitic incident in their lifetime, 64% have suffered anti-Semitic verbal abuse at least once, and 23% have been targets of physical violence on at least one occasion, with 10 percent saying they were attacked several times.

Suit Filed Against Synagogue Picketers

A lawsuit was filed last week in a Michigan federal district court against protesters who, every Saturday for the last 16 years, have picketed an Ann Arbor synagogue with anti-Israel and anti-Jewish signs. The 85-page complaint (full text) in Gerber v. Herskovitz, (ED MI, filed 12/19/2019) contends in part:

The conduct of the protesters is infringing on the 1st Amendment right of the congregants to exercise their freedom of religion without being harassed and insulted by the protesters. The City, by its failure to enforce its own Code provisions to curtail the protesters' conduct, is aiding and abetting the protesters harassment of the congregants, thereby making the protesters state actors under 42 U.S.C. §1983 and the protesters and the City co-conspirators under §§ 42 U.S.C. 1983 and 1985(3)....

The 1st Amendment right of free speech does not entitle a speaker to use that right repeatedly as a bludgeon, for weeks and years at a time, in the same location, rather than as a means of legitimate communication in an effort to convey information and persuade others to the speaker's point of view.

M Live reports on the lawsuit. [Thanks to Tom Rutledge for the lead.]

Trump Signs Executive Order On Title VI and Anti-Semitism

President Trump yesterday issued an Executive Order on Combating Anti-Semitism. The Order reads in part:

Title VI of the Civil Rights Act of 1964 (Title VI), 42 U.S.C. 2000d et seq., prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving Federal financial assistance.  While Title VI does not cover discrimination based on religion, individuals who face discrimination on the basis of race, color, or national origin do not lose protection under Title VI for also being a member of a group that shares common religious practices.  Discrimination against Jews may give rise to a Title VI violation when the discrimination is based on an individual’s race, color, or national origin.

It shall be the policy of the executive branch to enforce Title VI against prohibited forms of discrimination rooted in anti-Semitism as vigorously as against all other forms of discrimination prohibited by Title VI....

The Executive Order goes on to provide that in enforcing Title VI, executive departments shall consider the definition of anti Semitism adopted ... by the International Holocaust Remembrance Alliance, and "the 'Contemporary Examples of Anti-Semitism' identified by the IHRA, to the extent that any examples might be useful as evidence of discriminatory intent."

The White House issued a Fact Sheet on the Order which, as reported by AP, was signed during a White House Hanukkah reception.

Church of England Issues New Document On Christian- Jewish Relations

The Church of England last week released a new study titled God’s Unfailing Word-- Theological and Practical Perspectives on Christian–Jewish Relations. (full text). The Church headlined this summary in its release on the new document:

Christian theology played a part in the stereotyping and persecution of Jewish people which ultimately led to the Holocaust, a new reflection on Christian-Jewish relations issued by the Church of England acknowledges.

[Thanks to Scott Mange for the lead.] 

Trial Judge's Alleged Anti-Jewish Bias Leads To Stay of Execution

In Ex parte Halprin, (TX Ct. Crim. App., Oct. 4, 2019), the Texas' Court of Criminal Appeals stayed the execution of a Jewish inmate who claims that his trial judge was biased against him. Petitioner claims that the judge regularly used racist language and antisemitic slurs. Plaintiff's Application for a Writ of Habeas Corpus contends:

The ... claim presents newly uncovered evidence that trial judge Vickers Cunningham referred to Mr. Halprin as a “goddamn kike” and “fuckin’ Jew,” and to his Latino co-defendants as “wetbacks,” when the judge bragged about his role in convicting and sentencing to death the Jewish and Latino members of the Texas 7. The evidence of Judge Cunningham’s bias comes primarily from first-hand accounts of disinterested witnesses to his prejudiced statements... and Judge Cunningham’s lifelong association with racist and anti-Semitic role models....

The court remanded the case for determination if petitioner's due process and free exercise rights were violated. Courthouse News Service reports on the decision.

At the United Nations: Trump's Religious Liberty Forum; Report on Antisemitism; and Abortion Rights Concerns

Yesterday, on the first of his three day visit to the United Nations, President Donald Trump hosted a forum titled Global Call to Protect Religious Freedom. CBN and the New York Post reported on the event. Vice President Mike Pence opened the forum with remarks (full text) and an introduction of the President. President Trump, in an eleven-minute address (full text), said in part:

As we speak, Jews, Christians, Muslims, Buddhists, Hindus, Sikhs, Yazidis, and many other people of faith are being jailed, sanctioned, tortured, and even murdered, often at the hands of their own government, simply for expressing their deeply held religious beliefs.  So hard to believe.

Today, with one clear voice, the United States of America calls upon the nations of the world to end religious persecution.

Trump also announced that the U.S. is creating a coalition of U.S. businesses that will encourage the private sector to protect people of all faiths in the workplace. Others speakers at the forum included U.N. Secretary General António Guterres and Secretary of State Mike Pompeo (video of their remarks).

In another development at the United Nations, the Secretary General on Friday released an interim report (full text) on Combatting Antisemitism. The 19-page report, from the U.N.'s Special Rapporteur on Freedom of Religion or Belief, says in part:

The Special Rapporteur is alarmed by the increase in antisemitism in many countries driven by sources including individuals motivated by white supremacist and radical Islamist ideologies.... He is also concerned at the apparent increase in expressions of antisemitism emanating from sources on the political left as well as with discriminatory laws, regulations and policies of States.

Jerusalem Post covers the recently released report.

Also yesterday at the United Nations, world leaders reached agreement on the UN Political Declaration on Universal Health Coverage. (UN News report.) At the High Level Meeting on Universal Health Coverage, U.S. Health and Human Services Secretary Alex Azar spoke (full text of statement). On behalf of the U.S. and 18 other nations, he noted one area of concern:

The United States joins consensus on today’s political declaration, in recognition of the importance of better health for all, but we wish to state clearly that we disassociate from paragraph 68 of the Declaration.

We do not accept the terms “sexual and reproductive health” and “sexual and reproductive health and reproductive rights” in this Declaration....

These terms must always include language, which some countries blocked, to remind U.N. agencies that each nation has the sovereign right to implement related programs and activities consistent with their laws and policies, and that these terms in no way imply that there is an international right to abortion.

CNN reports on Azar's remarks.

Author's Suit Against Libraries and Media Is Dismissed

In Egli v. Chester County Library System, (ED PA, Aug. 12, 2019), a Pennsylvania federal district court dismissed a pro se lawsuit brought by the author of a book on anti-Semitism against several libraries, and radio and television stations.  The libraries refused plaintiff's offer to present book talks, and the media defendants refused to interview him on air. The court said in part:

Libraries are not required to accommodate every book or proposed talk, but instead must determine based on their professional judgment which materials are deemed to have “requisite and appropriate quality” to occupy the limited space available. There is nothing in the Complaint to suggest that either MCLS or CCLS had policies or customs that are inconsistent with this constitutionally permissible discretion or that target certain viewpoints.

Pennsylvania Record reports on the decision.

Judge Urges Plaintiffs To File New Religious Discrimination Suit

In TAL Properties of Pomona, LLC v. Village of Pomona, (SD NY, July 22, 2019), a New York federal district court refused to vacate its earlier judgment and reopen a religious discrimination case brought by a Jewish building developer against a New York village. Plaintiffs argued that a subsequent New York State Division of Human Rights report revealed new evidence of discrimination against Orthodox Jewish residents of the village.  The court, while ruling against plaintiffs, said:

Defendants should take little comfort in this outcome. The allegations presented on this motion, if even half true, are disturbing. I am obliged to stay within the confines of Rule 60(b), which in my judgment does not allow for this lawsuit to be reopened, but should Plaintiffs commence a new lawsuit, they may well be able to state a claim. And I do not see how Defendants will “suffer immense prejudice,” ... if they have to defend themselves on the merits. They may well be able to do so; I have no opinion as to the what the outcome of such a case would be, nor could I at this stage. But should Plaintiffs find it in their interest to pursue a case, airing the allegations and getting to the truth would hardly be a bad thing.

DOJ Summit On Combating Anti-Semitism Held Last Week

Last Monday, the Department of Justice held a Summit on Combating Antisemitism.  Deputy Attorney General Jeffrey A. Rosen delivered Introductory Remarks (full text) and Attorney General William Barr delivered the keynote speech opening the Summit (full text). He said in part:

The first panel will focus on combatting anti-Semitism while respecting the First Amendment. Hate-crime and civil-rights prosecutions are important tools but they cannot solve the problem on their own. Hearts and minds must be changed, but that is not always a task to which the government is particularly well-suited. We have a legal obligation to respect the free speech rights of even despicable speakers and our harshest critics. But lines can be drawn by our society, sometimes easily and sometimes not so easily, between that commitment and repudiation of anti-Semitism.

Another panel will focus on the problem of anti-Semitism on campus. On college campuses today, Jewish students who support Israel are frequently targeted for harassment, Jewish student organizations are marginalized, and progressive Jewish students are told they must denounce their beliefs and their heritage in order be part of "intersectional" causes. We must ensure – for the future of our country and our society – that college campuses remain open to ideological diversity and respectful of people of all faiths.

The DOJ website contains photos of the Summit. JTA reports on additional speakers at the Summit.

Survey of Antisemitism Worldwide Released

Yesterday, Tel Aviv University's Kantor Center released its report Antisemitism Worldwide 2018.  The 148-page report examines anti-Semitism around the world, surveying both the number of incidents and underlying causes and trends.  It says in part:

The most disturbing development, that keeps continuing and intensifying since 2016, is that Jews in some countries feel they live in a state of emergency, because of the continuing rise, most notably in Western Europe and North America, in antisemitic manifestations.

- As a result Jews started questioning and doubting their association with places and societies they have lived in for long, sometimes for centuries....

The normalization and mainstreaming of antisemitism in public forums, debates and discussions is manifested in all media channels, most notably the social networks. Antisemitism is no longer an issue confined to the activity of the far left, far right and radical Islamists triangle - it has mainstreamed and became an integral part of life.... 

Mainstreamed as well is the growing use of of antisemitic terms in anti-Zionist discourse, and the disproportionate hostility directed against the Jewish nation-state, which resumes Jewish characteristics.

ADL Releases 2018 Audit of Anti-Semitic Incidents

Yesterday, the Anti-Defamation League released its annual Audit of Anti-Semitic Incidents for 2018. The organization summarized its findings:

The U.S. Jewish community experienced near-historic levels of anti-Semitism in 2018, including a doubling of anti-Semitic assaults and the single deadliest attack against the Jewish community in American history... ADL’s annual Audit of Anti-Semitic incidents recorded a total of 1,879 attacks against Jews and Jewish institutions across the country in 2018, the third-highest year on record since ADL started tracking such data in the 1970s.

In a year marked by the white supremacist shooting spree at a Pittsburgh synagogue, which claimed 11 lives, and punctuated by a dramatic surge in white supremacist propaganda activity nationwide, ADL’s Audit identified 59 people who were victims of anti-Semitic assaults in 2018, up from 21 in 2017. While the overall number of incidents represents a 5 percent decline from 1,986 incidents reported in 2017, the number of incidents last year remained at near-historic levels – 48 percent higher than the total for 2016 and 99 percent higher than in 2015.

Suit Charging Campus Anti-Semitism Is Settled

The Lawfare Project announced on Tuesday that a settlement has been reached in Volk v. Board of Trustees, a state court lawsuit by two Jewish students at San Francisco State University alleging anti-Semitic discrimination on campus. The suit in particular focused on the exclusion of Hillel from a campus Know Your Rights fair.  The case was scheduled to go to trial later this month.  Under the settlement, the University will issue a public statement saying that "it understands that, for many Jews, Zionism is an important part of their identity." It will hire a Coordinator of Jewish Student Life, and enhance anti-discrimination enforcement. It will allocate an additional $200,000 to promote viewpoint diversity and will allocate space on campus for a mural depicting such diversity. A similar federal court lawsuit was dismissed last October. (See prior posting.) Jewish News of Northern California reported on the settlement.

House Passes Resolution Condemning Anti-Semitism, Islamophobia and Other Bigotry

Yesterday, the U.S. House of Representatives by a vote of 407-23 passed House Resolution 183 (full text) condemning anti-Semitism, anti-Muslim discrimination and bigotry against other minorities as contrary to the values that define the people of the United States. New York Times reports on the complicated history of the 7-page resolution, saying in part:

It started as a resolution condemning anti-Semitism. Then, anti-Muslim bias was added in. After that came white supremacy. And by the end, it cited “African-Americans, Native Americans, and other people of color, Jews, Muslims, Hindus, Sikhs, immigrants and others” victimized by bigotry.

The resolution condemning “hateful expressions of intolerance,” which passed the House by an overwhelming 407-to-23 vote Thursday afternoon, was as much a statement of Democrats’ values as their factionalism. Caught in the middle was Speaker Nancy Pelosi, who worked for days to quell the internal uproar that erupted after a freshman Democrat, Representative Ilhan Omar of Minnesota, insinuated that backers of Israel exhibit dual loyalty....

Republicans mocked its all-inclusive approach....  Some veteran Jewish Democrats, who had pushed for a measure that would solely condemn anti-Semitism, were equally dismayed.

Ilhan Omar's Anti-Semitic Tropes Focus Debate

Vox yesterday posted a lengthy analysis of the growing expressions of anti-Semitism in the United States in an article titled The Ilhan Omar Anti-Semitism Controversy, Explained, saying in part:

It’s true that Omar’s comments on Israel keep falling into well-worn anti-Semitic tropes — and her defenders often prove too willing to paper this over and dismiss criticism from even progressive Jews as “smears.”

It’s also the case that Republican officials frequently call on anti-Semitic tropes and say worse about other minority groups without nearly so much bipartisan condemnation. Pushing for a House vote on anti-Semitism really did feel like unfairly singling out Omar — and whitewashing the GOP’s record in the process. That’s why progressives rallied to Omar’s defense, and why the Democratic leadership has been forced to reconsider its initial resolution.

In short, the entire situation is a mess — and an example of how difficult it is for Democrats to carry on an important conversation about anti-Semitism on the left without downplaying the far more pressing problem of anti-Semitism on the right.

British Court Upholds Conviction For Holocaust Denial On YouTube

In Chabloz v. Regina, (Crown Ct., Feb. 13, 2019), s British Crown Court upheld the conviction of a Holocaust denier on three counts of sending a grossly offensive message by means of an electronic communication.  The decision upholds a Magistrates' Court conviction of Alsion Chabloz for three songs posted on Your Tube.The court held that Holocaust denial per se is not outlawed.  Rather, each instance of Holocaust denial must be examined to determine if it is grossly offensive.  The court describes each song as

a collection of anti-Semitic tropes or motifs, with a particular emphasis on Holocaust denial.  Furthermore, two of the songs are in whole or part set to the tunes of well-known Hebrew songs, which the prosecution says is no accident, bu rather a deliberate attempt to increase the insulting effect of each.

The Campaign Against Antisemitism reports that this is the first conviction in the UK for Holocaust denial on social media.

Special Envoy To Monitor Anti-Semitism Is Appointed

On Tuesday, Secretary of State Mike Pompeo announced the appointment of  Elan S. Carr as the United States Envoy to Monitor and Combat Anti-Semitism.  The State Department has posted Carr's biography. Most recently he served as Deputy District Attorney for Los Angeles County.  He is an Iraq War veteran and the son of Iraqi Jewish refugees.  As reported by Times of Israel, the Envoy position has been vacant for two years. Last month the House of Representatives passed HR 221 that would have given the Envoy ambassadorial rank and have required the President to nominate someone for the position within 90 days.

Excerpts of Interest From President Trump's State of the Union Address

President Trump delivered his State of the Union address to Congress last night. (Full text). Here are some excerpts that are of interest to those concerned with religious liberty and church-state issues:

We can make our communities safer, our families stronger, our culture richer, our faith deeper, and our middle class and more prosperous than ever before...

To help support working parents, the time has come to pass school choice for America’s children....

There could be no greater contrast to the beautiful image of a mother holding her infant child than the chilling displays our nation saw in recent days. Lawmakers in New York cheered with delight upon the passage of legislation that would allow a baby to be ripped from the mother’s womb moments before birth. These are living, feeling, beautiful babies who will never get the chance to share their love and dreams with the world. And then, we had the case of the governor of Virginia where he stated he would execute a baby after birth. To defend the dignity of every person, I am asking the Congress to pass legislation to prohibit the late-term abortion of children who can feel pain in the mother’s womb. Let us work together to build a culture that cherishes innocent life.

And let us reaffirm a fundamental truth — all children — born and unborn — are made in the holy image of God....

And last fall, we put in place the toughest sanctions ever imposed on a country. We will not avert our eyes from a regime that chants death to America and threatens genocide against the Jewish people. We must never ignore the vile poison of anti-semitism, or those who spread its venomous creed. With one voice, we must confront this hatred anywhere and everywhere it occurs.

Just months ago, 11 Jewish-Americans were viciously murdered in an anti-semitic attack on the tree of life synagogue in Pittsburgh. Swat officer timothy Matson raced into the gunfire and was shot seven times chasing down the killer. And he was very successful. Timothy has just had his 12th surgery and he is going in for many more, but he made the trip to be here with us tonight. Officer Matson, please.

Thank you. We are forever grateful. Thank you very much. Tonight, we are also joined by Pittsburgh survivor Judah Samet. He arrived at the synagogue as the massacre began. But not only did Judah narrowly escape death last fall — more than seven decades ago, he narrowly survived the Nazi concentration camps. Today is Judah’s 81st birthday....

A second holocaust survivor who is here tonight, Joshua Kaufman, was a prisoner at Dachau. He remembers watching through a hole in the wall of a cattle car as American soldiers rolled in with tanks. “to me,” Joshua recalls, “the American soldiers were proof that God exists, and they came down from the sky.” they came down from heaven. I began this evening by honoring three soldiers who fought on d-day in the second world war. One of them was Herman Zeitchik. But there is more to Herman’s story. A year after he stormed the beaches of Normandy, Herman was one of those American soldiers who helped liberate Dachau.

Florida Governor Acts In Response To Airbnb Israel West Bank Boycott

As previously reported, last November Airbnb under pressure from Palestinian officials, anti-settlement advocates and human rights groups announced that it is removing listings for rentals in Israeli settlements in the West Bank. Now, in a Jan. 15, 2019 letter (full text), Florida Governor Ron DeSantis has responded to the Airbnb action by ordering the state Department of Management Services to cease reimbursements to state employees for their stays arranged through Airbnb while on official state business. Also all state contracts must now bar such reimbursements to contractors. A January 15 press release by the Governor, calling the "Boycott, Divestment, Sanctions" movement "nothing more than a cloak for anti-Semitism," announced, several initiatives, including $2 million in funding for security for Jewish day schools, that he said makes Florida the "most Israel-friendly state in the country."

Anti-Semitism Concerns Surround Tomorrows Third Women's March

Tomorrow the third annual Women's March is scheduled in a number of cities around the country.  But as reported by Vox, concerns about anti-Semitism surround some leaders of the movement and has led to the withdrawal of sponsorship by groups such as the Southern Poverty Law Center and, apparently, the Democratic National Committee:

[T]his year, the leaders of Women’s March Inc. — one of the organizations that grew out of the original march, and the most visible public face of the march today — are facing calls to step down. The reasons include criticisms of their association with Nation of Islam leader Louis Farrakhan and allegations that they made anti-Semitic remarks in planning meetings.

Women’s March Inc. is a national organization led by four activists from New York City — Tamika Mallory, Linda Sarsour, Carmen Perez, and Bob Bland — who helped organize the first march in Washington, DC, in 2017. The group also has local chapters that are planning marches in cities around the country this year, though other local marches are not affiliated with Women’s March Inc.