Do Zionists Have Civil Rights?

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When then-presidential candidate Donald Trump famously declared his intention to be a “neutral” arbiter of the conflict between Israel and the Palestinian territories and put the onus for resolving the conflict on Jerusalem, few observers could have predicted that Trump would run one of the most pro-Israel administrations in American history.

This year, the Trump administration began relocating the U.S. embassy in Israel to the nation’s capital city, fulfilling a promise that began in 1995 with the passage of a law mandating this precise course of action. The administration also declined to blame Israel for defending its Gaza border against a Hamas-led attack. Last week, the administration shuttered the PLO’s offices in Washington.

The Trump administration’s commitment to shedding the contradictions and moral equivalencies that have plagued past administrations has exposed anti-Zionism for what its critics so often alleged it to be.

This week, Department of Education Assistant Secretary of Education for Civil Rights Kenneth Marcus announced his intention to vacate an Obama-era decision that dismissed an alleged act of anti-Semitism at Rutgers University. Marcus’s decision to reopen that particularly deserving case has led the New York Times to publish an article by Erica L. Green full of misconceptions, myths, and dissimulations about the nature of the anti-Israel groups in question and the essential characteristics of anti-Semitism itself.

In reporting on Marcus’s move, Green declared the education activist and opponent of the Boycott, Divestment, and Sanctions (BDS) movement a “longtime opponent of Palestinian rights causes,” a designation the paper’s editor felt fine printing without any substantiating evidence. You could be forgiven for thinking that BDS itself constituted a cause of “Palestinian rights” and not an international effort to stigmatize and harm both Israel and its supporters. If you kept reading beyond that second paragraph, your suspicions were confirmed.

Green contended that Marcus’s decision has paved the way for the Education Department to adopt a “hotly contested definition of anti-Semitism” that includes: denying Jews “the right to self-determination,” claiming that the state of Israel is a “racist endeavor,” and applying a double standard to Israel not “expected or demanded of any other democratic nation.” As Jerusalem Post reporter and COMMENTARY contributor Lahav Harkov observed, this allegedly “hotly contested definition” is precisely the same definition used by the International Holocaust Remembrance Alliance. In 2010, the IHRA’s working definition was adopted almost in total by Barack Obama’s State Department.

Green went so far as to say that this not-so-new definition for anti-Semitism has, according to Arab-American activists, declared “the Palestinian cause anti-Semitic.” So that is the Palestinian cause? Denying Jews the right to self-determination, calling the state of Israel itself a racist enterprise, and holding it to nakedly biased double standards? So much for the two-state solution.

Perhaps the biggest tell in the Times piece was its reporters’ inability to distinguish between pro-Palestinian activism and anti-Israeli agitation. The complaint the Education Department is preparing to reinvestigate involves a 2011 incident in which an event hosted by the group Belief Awareness Knowledge and Action (BAKA) allegedly imposed an admissions fee on Jewish and pro-Israel activists after unexpected numbers arrived to protest the event. An internal email confirmed that the group only charged this fee because “150 Zionists” “just showed up,” but the Obama administration dismissed the claim, saying that the organization’s excuse—that it expected heftier university fees following greater-than-expected attendance—was innocuous enough.

Green did not dwell on the group, which allegedly discriminated against Jews and pro-Israeli activists. If she had, she’d have reported that, just a few weeks before this incident, BAKA staged another event on Rutgers’s campus—a fundraiser for the organization USTOGAZA, which provided aid to the campaign of “flotillas” challenging an Israeli blockade of Gaza. USTOGAZA’s links to the Turkey-based organization Insani Yardim Vakfi (IHH), which has long been associated with support for Hamas-led terrorist activities, rendered the money raised in this event legally suspect. Eventually, as Brooke Goldstein wrote for COMMENTARY, even BAKA conceded the point:

After community members demanded that Rutgers, a state-funded university, hold an investigation before handing over any money to USTOGAZA, the school responded by offering to keep the money raised in an escrow account until a suitable recipient could be found. In June 2011, BAKA sent out an e-mail admitting the University had, after “much deliberation” and despite their initial approval, “decided that they are not willing to release the funds to the US to Gaza effort” due to concerns of being found liable for violating the material-support statutes.

Rutgers prudently limited BAKA’s ability to participate in on-campus events after these incidents, but the organization that took their place—Students for Justice in Palestine (SJP)—is no better. The Times quoted officials with the Center for Law and Justice who praised Marcus’s move and cited SJP as a source of particular consternation, but the reporters did not delve into the group’s activities. If they had, they’d find that the organization’s activities—among them declaring that “Zionists are racists,” supporting anti-Zionist individuals despite credible accusations of child abuse, and endorsing Hamas’s governing platform, which labels the entire state of Israel “occupied territory”—fits any cogent definition of anti-Semitism. This is to say nothing of the abuse and harassment that American Jews experience on college campuses that play host to SJP’s regular “Israel apartheid weeks.”

Some might attribute the Times’ neutral portrayal of groups that tacitly support violence and people like Omar Barghouti—an activist who “will never accept a Jewish state in Palestine” and has explicitly endorsed “armed resistance” against Jews, who he insists are “not a people”—to ignorance, as though that would neutralize the harm this dispatch might cause. But the Times piece has emboldened those who see Israel’s Jewish character as a threat both to its political culture and our own. That worrying sentiment was succinctly expressed by New York Magazine’s Eric Levitz: “You don’t have to be a staunch supporter of the Palestinian cause to question Israel’s right to exist as a Jewish state.”

The benefit of the doubt only extends so far. Even the charitably inclined should have discovered its limits by now.

Do Zionists Have Civil Rights?

Smeared for doing the job
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