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GAZA WAR DIARY Sun. June 21, 2015 Day 356 1am
From:
Gail Winston -- Winston Mid East Analysis and Commentary Gail Winston -- Winston Mid East Analysis and Commentary
For Immediate Release:
Dateline: Bat Ayin,Gush Etzion, The Hills of Judea
Monday, June 22, 2015

 

Dear Family & Friends,

Beware! Ramadan is on! It seems to loosen any possible inhibitions to murder & mayhem by Arab Muslims – whether in Israel or the wide-world.

Enjoy your night & day but, Be Alert!

All the very best, Gail/Geula/Savta/Savta Rabax2/Mom

Read our Website for pleasure: WinstonIsraelInsight.com

2. Daniel Gonen, HY”D 25 Yr Old Israeli Murdered in Terrorist Shooting

3.Hikers Shot in Terror Attack near Dolev – Multiple Injured

4.ARLENE KUSHNER “Again…and again…and”

5.Egged Bus Firebombed in Neve Yaakov & Rachel’s Tomb

6.ISRAEL’S GREAT OPPORTUNITY By CAROLINE B. GLICK

7.Pro-Israel Z STREET Trumps IRS in Federal Appellate Court Ruling By: Lori Lowenthal Marcus

8.A Different Approach to Combating BDS By Shmuel Sackett

1.Does Israel Spend More on Settlers Than Other Israelis?

by Evelyn Gordon

Regardless of the subject, some people would always rather divert the conversation to Israel’s “relentless and deliberate program of settlement expansion,” as J Street founder Jeremy Ben-Ami did in response to Michael Oren’s revelations about the Obama Administration’s conduct toward Israel. So let’s honor their wishes and talk about the settlements – specifically, about how much Israel’s government spends on this “relentless program of expansion.” Because according to new data released by none other than the leader of the opposition, government spending on West Bank settlements and their residents is actually about 40 percent less per capita than Israel spends on all its other citizens.

In an interview with Haaretz published last Friday, Labor Party chairman Isaac Herzog – who opposes the settlements – was asked what “the annual cost of the occupation” is. His response: From 2009 to 2014, Israel invested 10 billion shekels in Judea and Samaria. That’s a huge amount of the state budget.”

But math clearly isn’t Herzog’s strong point, because 10 billion shekels is actually a trivial amount of the state budget, which totaled 408 billion shekels in 2014. So even assuming (which I do) that he meant 10 billion a year, not 10 billion over the course of five years, that still amounts to only 2.5 percent of the state budget.

According to data from Israel’s Central Bureau of Statistics, however, there were 341,800 Jewish settlers in 2013 (the last year for which data is available), out of a total Israeli population of 8.1345 million. In other words, settlers account for 4.2 percent of the population.

Thus if the government is spending 10 billion shekels a year on the settlers, then their proportional share of the state budget is 40 percent less than their share in the population. And most of that money would be spent regardless of where they lived, since all Israelis are entitled to healthcare, education, defense and various other government-funded services.

Of course, one could claim that Herzog’s figure is simply unreliable. But his predecessor as Labor Party chairman, who also opposes the settlements, similarly concluded that the government actually spends very little on them.

In a 2011 interview with Ha’aretz, Shelly Yacimovich was asked whether “the billions … invested in the settlements” weren’t coming at the expense of her dream of a welfare state within the Green Line. She flatly denied it:

I am familiar with that well-known equation: that if there were no settlements there would be a welfare state within Israel’s borders. I am familiar with the worldview that maintains that if we cut the defense budget in half there will be money for education. It’s a worldview with no connection to reality. I reject it; it is simply not factually correct, even though it is now perceived as axiomatic. A school that is located in a settlement and has X number of students would be located inside the Green Line and have the same number of children at the same cost.

Two weeks later, she wrote a follow-up for Ha’aretz in which she doubled down on her “rejection of the mathematics of ‘if there will be no settlements, there will be money for a welfare state.’ I plead guilty: I too thought this, six years ago.” But after “six intensive years as a member of the Finance Committee,” she became convinced that this assumption is simply false.

For diehard anti-Israel types, the facts are never relevant. But for the rest of the world, maybe it’s time to finally admit what two successive leaders of the opposition now have: Far from Israel engaging in “relentless settlement expansion,” state spending on the settlements is actually minuscule.

Originally published in Commentary on June 18, 2015

Does Israel Spend More on Settlers Than Other Israelis? No

by Evelyn Gordon

2. Daniel Gonen, HY”D 25 Yr Old Israeli Murdered in Terror Shooting 25 year-old Israeli hiker shot and killed by Palestinian Arab terrorist; second victim in stable condition

By: Lori Lowenthal Marcus JewishPress.com Published: June 19th, 2015 Latest update: June 20th, 2015

1 Daniel Gonen, HY”D, murdered in Israel by terrorists, June 19, 2015. Photo Credit: Facebook

25 year old Danny Gonen from Lod, a small city near Tel Aviv’s Ben Gurion Airport, was murdered today by Palestinian Arab terrorists near the town of Dolev. Another Israeli was also shot in the same incident; he was shot in the legs.

The initial JewishPress.com report on the attack can be read here.

Gonen had been hiking with a friend, and after returning from their hike was flagged down by an Arab asking for assistance. The Arab terrorist, upon confirming they were Jewish proceeded to fire around 10 bullets at them.

Gonen had been an electrical engineering student.

Members of the Hamas terrorist organization reportedly were jubilant about the death.

Saturday night update: The terrorist has still not been caught.

About the Author: Lori Lowenthal Marcus is the US correspondent for The Jewish Press. She is a recovered lawyer who previously practiced First Amendment law and taught in Philadelphia-area graduate and law schools. You can reach her by email: Lori@JewishPressOnline.com

25 Yr Old Israeli Murdered in Terrorist Shooting near Dolev

3.Hikers Shot in Terror Attack near Dolev – Multiple Injured By Jewish Press News Briefs

Helicopter over Dolev Terror AttackPhoto Credit: Yedidya Ariel / Tazpit News Agency

5:29pm Channel 1 reports that the hikers were shot at point-blank range with a pistol by at least 5 bullets. The terrorist approached the hikers as they were returning to their car. The terrorist asked them a question or for water and then shot them after confirming they were Jews.
It is now believed the terrorist ran off to the nearby village of Dir-Ibazia

One was shot in the upper body and is in critical condition, underwent resuscitation in the field and was transported to Tel HaShomer hospital.
The second hiker was shot in the leg.
It appears that only 2 people were shot.

5:14pm The critically wounded hiker was evacuated by helicopter to Sheba hospital.
The terrorists shot the hikers from a moving car, and escaped.
The IDF is searching for the terrorists.

2

35:00pm Wounded being transported to the hospital by helicopter. One in critical condition, one serious and one in moderate condition.

4Site of a terror attack near Dolev – June 19, 2015

4:55pm The hikers were shot near Wadi A-Dib, just south of Dolev

5Map of the Dolev Talmon area.

4:45pm Reports of second incidents in the Dolev area — the first is a terror shooting attack at Israeli hikers…2 or3 wounded, at least one in serious condition.

There is a second report of IDF soldiers firing at a rioting Arab mob in the same vicinity….with at least 1 wounded rioter.

4:37pm There was a shooting Terror attack near communities of Dolev/Talmon — 15 minutes East of Modiin.

Two people are wounded — 1 in critical condition, 1 in moderate condition. IDF and emergency medical teams responding.

Hikers Shot in Terror Attack near Dolev – Multiple Injured

4.ARLENE KUSHNER “Again…and again…and” June 21, 2015

6 Danny Gonen, 25 – MURDERED – Credit: Facebook

On Friday, Danny Gonen, 25, had gone with his friend, Netanel Hadad, for a dip in the Ein Buvin spring near Dolev (a village in the Binyamin Regional Council of the Shomron, north east of Jerusalem). They were returning when their car was flagged down by an Arab. When they stopped, he shot into the car 10 times. Gonen was killed and Hadad was injured.

7Credit: Flash 90

Gonen, who was buried today in his hometown of Lod, near Tel Aviv, was described as a pillar of strength to his widowed mother and four younger siblings.

How much pain, how many times?

Does world news carry this? A rhetorical question.

An IDF search of the area was initiated immediately. But by last night that attempt to find the assailant was abandoned. The case has been turned over to the Shin Bet, who is initiating inquiries of a different sort, relying on intelligence. It is troublesome that he has not been located yet, but he will be found.

Reports indicated that the assailant was thought to have acted on his own. However, a group that calls itself the “Marwan Kawasme and Amer Abu Aysha Squad” has claimed responsibility. Affiliated with Hamas, the squad is named for the two terrorists who killed three Israeli teenagers last summer.

Obscene.

French Foreign Minister Laurent Fabius was in town today. After having met with Abbas in Ramallah, he came to Jerusalem to meet with Netanyahu.

8Credit: mfa

The French have been itching to play a role in “the peace process,” and have been talking about bringing a resolution to the Security Council to push negotiations with a deadline attached. Just one more meddler.

I suspect an assessment made recently by Shoshana Bryen with regard to this was very much on the mark:

“Sometimes, if you smash two stories together, you end up with something interesting; sometimes you get something worrisome. This is one of the latter.

“The first story is about France, a member of the P5+1 negotiating a deal with Iran on nuclear capabilities. The French government has expressed increasing concern that the emerging deal is flawed — perhaps fatally… “The French position creates a problem for President Obama because the deal has to be agreed to by the P5+1, not the ‘P4+1-with-one-vote-in-opposition’…

“The second story is also about France. With historic ties to the Middle East, but extremely limited military capabilities there (or anywhere), France is trying to be a diplomatic power broker….

“Influence can come from arms sales, and here the French excel…

“Influence also comes from diplomacy — and this is where the stories begin to collide.

“France, Britain and Germany had drafted a UN Security Council Resolution late last year to set parameters for establishing a Palestinian State and ‘ending the conflict.’ It was not submitted because of the impending Israeli election. France is prepared to try now with a draft that would ‘solve’ the problem by using the 1949 Armistice Line as a reference point for a Palestinian state with a shared capital in Jerusalem, a “fair” solution for refugees, and possible land swaps. It would also require that the Palestinians recognize Israel as a “Jewish State”…

“In early May, President Obama indicated that he intended to veto the French proposal…

“However, the President appears to have moved toward the French position… Smash the two stories together, you get an American president supporting France in its efforts to be a major player in the Middle East in exchange for French support of the P5+1 deal with Iran.

In both cases, Israel pays the price.” (Emphasis added)

http://www.jewishpolicycenter.org/5592/france-iran-and-the-peace-process

Prior to the arrival of the French foreign minister today, Netanyahu’s line sounded tough:

“Prime Minister Benjamin Netanyahu said Sunday he would ‘fiercely reject’ any international proposals meant to bring about a unilateral solution to the conflict with the Palestinians against Israel’s will.

“…international proposals suggested to us, in essence they’re trying to force upon us, have no true consideration for the security needs of Israelis or other national interests of ours.”

http://www.timesofisrael.com/netanyahu-ill-fiercely-reject-foreign-dictates-on-conflict/

Sigh, yes, I know. He is still only talking about “security” and not about rights. But his message was intended to suggest a rejection of international (UN) coercion.

Then there was a press conference with Fabius and Netanyahu, and it was a veritable love fest. Necessary diplomatic babble most of which is without import. Fabius indicated that everyone was very friendly and that both sides have indicated a desire to return to the negotiating table. Right…

But Netanyahu for his part, did a bit of a segue:

Pointing out that France had been Israel’s closest ally in the years following the creation of the Jewish State, he said, “We will never forget the vital support you gave us during those difficult times.”
And then he continued: I believe France has an important role today as well. We urge the country to stand beside us to prevent a bad deal with Iran that will pave the way for attaining nuclear weapons.”

Bingo!

http://www.jpost.com/Israel-News/Politics-And-Diplomacy/WATCH-LIVE-Frances-Fabius-pushes-peace-proposal-in-meeting-with-Netanyahu-406683

I return to the Obama/Iran issue. Naturally. Since I last wrote…

We have an article by Eli Lake and Josh Rogin in Bloomberg: “No, U.S. Doesn’t Have ‘Absolute Knowledge’ on Iran’s Nukes,” in direct response to Kerry’s claim of “absolute knowledge.”

http://www.bloombergview.com/articles/2015-06-19/no-u-s-doesn-t-have-absolute-knowledge-on-iran-s-nukes

From a news agency in Iran:

”The Islamic Republic of Iran will not allow foreigners’ access to the country’s military centers under the pretext of inspection of nuclear sites, a senior Iranian military commander underscored.” http://imra.org.il/story.php3?id=67617

While on a different note we have charges by Congressman Louie Gohmert (R-TX) that the Obama administration had “outed” an active Israeli spy mission in Iran. Israel, Obama said, had infiltrated Israeli spies into mainland Iran via cargo boats. The administration, said Gohmert, has also disclosed the possible use of Azerbaijani airspace by Israel.

http://www.israelnationalnews.com/News/News.aspx/197008#.VYb6GZsVjIV

According to US law, the State Department was required to file a report on human rights violations in Iran (which are horrific) by February 25. But that report has yet to be filed.

Charged Senator Ted Cruz (R-TX), “it appears that both President Obama and Secretary of State (John) Kerry are trying to sweep under the rug Iran’s horrific human rights record because, presumably, acknowledging that fact would be inconvenient.” (Translation: make Iran angry)

Cruz, along with other senators had petitioned the State Department for release of that report, but were ignored. Now Cruz will introduce legislation to levy fines against the State Department (5% of its budget every month) for as long as it withholds the report.

http://www.israelnationalnews.com/News/News.aspx/196939#.VYb9H5sVjIW

© Arlene Kushner. This material is produced by Arlene Kushner, functioning as an independent journalist. Permission is granted for it to be reproduced only with proper attribution. If it is reproduced and emphasis is added, the fact that it has been added must be noted. See my website at www.arlenefromisrael.info Contact Arlene at akushner18@gmail.com

ARLENE KUSHNER “Again…and again…and”

5.Egged Bus Firebombed in Neve Yaakov & Rachel’s Tomb By: Jameel@Muqata 6/20/15 Israel Police reports that a firebomb was thrown at an Egged bus this evening in the eastern Jerusalem neighborhood of Neve Yaakov, alongside the adjacent neighborhood of Beit Hanina. No injuries reported. A firebomb was also thrown earlier at Rachel’s Tomb. No injuries were reported there either. About the Author: Jameel blogs at the Muqata: Egged Bus Firebombed in Neve Yaakov & Rachel’s Tomb

6.ISRAEL’S GREAT OPPORTUNITY By CAROLINE B. GLICK, The Jerusalem Post June 19, 2015

The plight of the Druse grows more dire from day to day Over the past two decades Israel has managed to destroy its regional reputation.

With our own hands, we have twice shown our neighbors they have little reason to tie their fates to ours. We are unreliable.

In 1994, Israel betrayed the Palestinians in Judea, Samaria and Gaza who had helped us fight against PLO terrorists for decades. Open season on our Palestinian allies officially began in July 1994 with the entrance of thousands of PLO terrorists – led by Yasser Arafat – into Gaza and Jericho. Arafat’s henchmen did not limit their murderous wrath to the Palestinians who saved countless Israeli lives by working with the Shin Bet and the IDF. They killed Palestinians who sold their lands to Jewish buyers. Palestinians who simply enjoyed normal work relations with Israelis found themselves targeted as suspected “collaborators.”

Six years after Israel betrayed its Palestinian allies, we abandoned our allies in south Lebanon.

After 18 years of fighting shoulder to shoulder with the IDF, Israel left the soldiers and commanders of the South Lebanese Army and their families to face Hezbollah alone.

In its helter-skelter withdrawal from the security zone in south Lebanon on May 31, 2000, Israel left most of the SLA soldiers and their families behind. Those who managed to cross the border to Israel were treated shamefully by the Israeli bureaucracy.

We caught a glimpse of the suffering we caused those who remained behind during the Second Lebanon War in 2006. As IDF soldiers returned to Lebanon they were beset by the families of SLA soldiers who seized on their return to make a run for the border. Men, women and children sprinted across fields to the newly returned IDF units with whatever they could carry.

When we returned to Lebanon that summer, no Lebanese militia offered to fight at our side.

And indeed, after we betrayed our allies, it was hard to imagine a situation where anyone would again agree to fight alongside us. And yet, thanks to the demise of the Syrian and Iraqi states, Israel has a chance to undo the damage. We can rebuild our credibility with our neighbors by helping the Druse in Syria.

Twice in the past 90 years, the Syrian Druse had the potential for independent action. In 1921, when the French established their mandatory rule in present-day Syria and Lebanon, they divided the territory into six “independent,” or autonomously ruled, “states.”

The Druse received a state of their own centered in Jebl Druse – the Druse Mountain. The area under their control stretched across the Syrian side of the tri-border area with Israel and Jordan. The Druse state existed until 1936, when the French reorganized the mandate and set up a central government in Damascus.

The possibility of establishing a Druse state arose again, fleetingly, in 1967. During the Six Day War, then-labor minister Yigal Allon put together a plan to establish a Druse state, again centered on Druse Mountain. He tried but failed to convince then-defense minister Moshe Dayan to send the IDF units that had just taken over the Golan Heights south to Druse Mountain rather than eastward toward Damascus.

In 2007 the transcripts of a series of taped memoirs Allon recorded a year before his death in 1980 were made public. Of his plans regarding the Druse, Allon explained, “I had visited Sweida [the capital of Druse Mountain] several times and I dreamed a dream of a Druse Republic that would stretch across southern Syria…that would be in military alliance with Israel. I had great expectations from the Druse in Israel, that were already serving in the IDF. I believed they could serve as a bridge between us and the other Druse.”

Today Allon has a strategic heir in the government of Israel – and he is a Druse.

Deputy Regional Cooperation Minister Ayoub Kara is probably the most powerful Druse in the world today. The Druse of Syria and Lebanon take him seriously. We should too.

Like Allon before him, Kara views the Druse of Israel as a bridge between Israel and the Druse of Syria. Like Allon, he views his brethren across the border as potential allies for Israel.

Over the decades, the Druse of Syria were just as loyal to the Assad regime as the Druse of Israel have been loyal to the Jewish state.

Their loyalty to Bashar Assad has continued apace during the civil war. As a result, now that the regime is on the verge of military collapse, all the forces that have been fighting the regime – from Islamic State and the Nusra Front to the Free Syrian Army – view the Druse as their enemies.

Yet while they have maintained their ties to the regime, the Syrian Druse have also been quietly reconsidering their views of Israel. This revised attitude has reverberated among their brethren in the Druse villages of the Golan Heights.

Like their Syrian kin, the Druse of the Golan Heights have publicly rejected Israel and upheld their Syrian ties. Despite the fact that they have had the right to Israeli citizenship since 1981, until the Syrian civil war began, few applied for it.

As the political situation in Syria unraveled, and as the Syrian Druse began taking a second look at Israel, a significant number of Druse from the Golan have applied for citizenship.

Today, the plight of the Druse grows more dire from day to day. With the regime on the verge of collapse, the government ordered the units that had been securing the Druse villages along the border with Israel on the northern Golan to return to Damascus. Some 30,000 Druse centered around the village of Hader are surrounded by rebel forces.

In a conversation with The Jerusalem Post on Wednesday evening Kara promised in the name of the Israeli Druse, “We will not allow them to die. We will take care of them.

“Over the past few weeks,” he added, “the Druse of Israel have raised and transferred $3 million to supply humanitarian assistance to our brethren in Syria.”

While Kara refuses to discuss the types of assistance he is asking the government to provide them, Israel’s options are fairly obvious.

First, in the humanitarian realm, Israel can set up refugee camps on the Syrian side of the border. We can arm the Druse villagers. We can protect them from the air.

As for the nearly three-quarters of a million Druse at Druse Mountain, according to Kara, they wish to defend and govern themselves in an autonomous region for the foreseeable future.

But to fend for themselves, they need weapons.

Without arms, with the regime’s collapse seemingly imminent, it is possible that the Druse will be unable to survive. It is also possible that if Israel doesn’t provide them with weapons, someone else – perhaps Hezbollah – will arm them and so buy their loyalty.

As Kara sees it, if the Druse are able to secure autonomy, their area would stretch along 150 kilometers of Israel’s border with Syria, from the tri-border area with Jordan in the south to the northern Golan Heights.

“Israel and Jordan have an interest in a strong Druse presence,” he argues.

If the government decides to act along these lines, it doesn’t mean that we’ll be in a position to start making long-term strategic plans that rely on Druse support. Ariel Sharon’s greatest mistake during the First Lebanon War in 1982 was that he overestimated the capabilities of Israel’s Lebanese Christian allies. The Druse of Syria today are extremely week. It is unimaginable that they will be able to accomplish anything other than survive – with outside assistance – for the foreseeable future.

On the other hand, even in their weakness the Druse present Israel with a great opportunity.

By helping them we can signal to others – for instance the Kurds – that we can be trusted.

Israel can help the Druse without spending too much time coordinating its steps with the US, because the Druse have no great regional significance. Given our own Druse community, our moral duty and national interest in ensuring their survival is self-evident.

Unlike the Druse, the Kurds are viewed as pivotal regional actors for the US and for other regional powers. Today, the greatest obstacle preventing Israel and the Kurds from working in alliance against common foes is the Obama administration. Under the administration, the strategic assumption of US Middle East policy is that the US should strengthen and curry favor with Iran.

Iran fears an independent Kurdistan in Iraq and Syria because of the likely impact such a state will have on Iran’s large Kurdish minority.

Consequently, the US is refusing to directly arm the Kurds in their war against Islamic State in Iraq and Syria.

Yet in spite of America’s denial of support, the Kurds are pushing forward in their campaign against Islamic State. This week they cut off Islamic State’s supply chains from Turkey to the terrorist group’s capital in Raqqa by taking control over Tel Abayid close to the Turkish border.

If a year and a half from now a new administration in Washington changes the US’s regional policy, and, during this period, if Israel manages to form and maintain an alliance with the Druse, the Kurds will recognize that Israel is willing to do the hard work of building and maintaining alliances again.

Allon’s strategic brilliance owed to his willingness to view our neighbors on their own terms.

While others of his generation, and most Israeli strategists since, have insisted on viewing the Arab world as a monolith, Allon viewed it as a vibrant tapestry. He saw opportunities for cooperation with our neighbors based on our shared interests with distinct groups.

Had we followed his advice during the Six Day War and in its aftermath, we probably would be in a much stronger regional and global position than we are today.

And now, 48 years later, with the world around us in greater flux than it has been since the 1920s, Allon’s way of thinking is more relevant than ever before.

As the heir to Allon’s dream, when Kara looks with worry at the Druse of Syria, he doesn’t only see a looming humanitarian disaster that Israel has a moral duty to prevent. He sees a strategic opportunity that Israel has a strategic duty not to miss.

“I want Israel to win the trust of this region,” he says.

If we help the Druse of Syria, “then we will find people who will want to be our partners in fights against cruel common foes like ISIS.”

On the other hand, he warns, “If we think that we’re alone in the Middle East, we will lose ethnic groups that could be our allies.”

http://CarolineGlick.com; http://www.jpost.com/Opinion/Column-one-Israels-great-opportunity-406531

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ISRAEL’S GREAT OPPORTUNITY By CAROLINE B. GLICK

7.Pro-Israel Z STREET Trumps IRS in Federal Appellate Court Ruling By: Lori Lowenthal Marcus JewishPress.com 6/21/15 The D.C. Circuit Court of Appeals rules against the IRS which sought to bar the pro-Israel organization Z STREET from suing it for Constitutional violations.

9 E. Barrett Prettyman Federal Courthouse in Washington, D.C., where oral argument in Z STREET v Koskinen was heard on May 4, 2015. Photo Credit: Wikipedia

The pro-Israel organization Z STREET* on Friday was, once again, vindicated in a court of law in its now nearly five year effort to redress the violation of its Constitutional rights by the Internal Revenue Service.

The judges in their Opinion were far more restrained than their reactions to the IRS arguments during the oral argument which took place on May 4, but their conclusion was the same.

In a unanimous Opinion issued Friday, June 19, the D.C. Circuit Court of Appeals agreed with and affirmed the D.C. District Court’s ruling that the pro-Israel organization Z STREET correctly brought a lawsuit alleging the Internal Revenue Service violated Z STREET’s First Amendment rights by engaging in viewpoint discrimination.

Z STREET filed its lawsuit against the IRS in August, 2010, on the basis of statements made to its counsel by the IRS agent reviewing Z STREET’s application for 501(c)(3) charitable tax exempt status, filed in 2009.

That agent revealed the existence of an IRS “Israel Special Policy” which gave differential treatment to tax exemption applications from organizations holding views about Israel inconsistent with those espoused by the Obama administration, scrutinizing such applications differently and at greater length, than those made by organizations which did not hold such views.

The June 19th Opinion in Z STREET v. Koskinen (the IRS Commissioner), written by Judge David S. Tatel, rejected every one of the government’s arguments. First, the Court of Appeals accepted Z STREET’s contention that Z STREET raised a Constitutional violation claim of Viewpoint Discrimination, and was not simply, as the IRS claimed, seeking to evade “the assessment of taxes.”

The Court also held that the IRS is not entitled to Sovereign Immunity in a case, like Z STREET’s, which complains of wrongful action by a government agency or its officers or employees. The doctrine of sovereign immunity is a shield from litigation for various governmental entities or actors.

Of particular significance, the court emphasized the application to this case of ones decided by the Supreme Court which held that the “tax code may not discriminate invidiously” and that there is a “requirement of viewpoint neutrality in the Government’s provision of financial benefits.”

Z STREET looks forward to the discovery phase of litigation in which it will seek to learn the nature and origin of the “Israel Special Policy” which the IRS applied to Z STREET’s tax exemption application. Z STREET will seek to learn how such a policy was created, who created it, who approved it, to whom it was applied, as well as all other information regarding this policy.

A series of IRS documents called “Be On the LookOut” lists, which were released by Congress in June, 2013, pursuant to the TIGTA investigation, have already established that, as Z STREET alleges, while Z STREET’s application for tax exempt status was pending, the IRS did indeed create a special category of review for organizations seeking such status, if they were engaged in what the IRS called “occupied territory advocacy.”

Z STREET looks forward to using the discovery process to learn more about the precise nature, origin and effect of this policy, which the DC Circuit has now made clear is a violation of essential Constitutional rights.

It is possible that the IRS will once again seek to delay the onset of discovery by seeking a rehearing of the argument before the full D.C. Circuit Court (and not just a three judge panel). The decision was so unequivocal, and it affirmed such a broad and tightly reasoned decision by D.C. District Court Judge Ketanji Jackson issued last May, that such a move might open the government to a move for censure.

*The author of this article is the founder of Z STREET.

About the Author: Lori Lowenthal Marcus is the US correspondent for The Jewish Press. She is a recovered lawyer who previously practiced First Amendment law and taught in Philadelphia-area graduate and law schools. You can reach her by email: Lori@JewishPressOnline.com

8.A Different Approach to Combating BDS By Shmuel Sackett JewishPress.com 6/21/15

10
Jews worldwide are now studying “Nedarim” in the Daf Yomi cycle. Although we are just at the beginning of this section of the Talmud, one thing is very clear so far: Be careful of what you say! When words come out of your mouth, you are responsible for what was said! This is true, not only when you insult a person, say something inappropriate or talk Lashon Hara. This is also true when you say a good thing; such as promising to do some positive act. The Talmud – in page after page – deals with things that were said and how to resolve the difficulties that arise after the words were uttered.

We had a similar lesson from last week’s parsha when the spies spoke poorly about Eretz Yisrael. The things they said were so harmful that we are still suffering today from their words. The first “Tisha B’av” was because of these individuals and countless Jews have been killed because of their negative words. Everyone today talks about the BDS movement and how they bad-mouth Israel all over the world but actually, it was these 10 spies who started BDS. These were the Bad Damn Spies (BDS) who told people to boycott Israel! “Don’t move there”, they screamed. “All Jews back to Egypt”, they cried. Yes, these were the founders of BDS and they were very effective.

How do we combat this? How do we fight against the lies and the slander against our precious land? For that, I turn to a D’var Torah I saw in the name of the great Rav Tzvi Yehuda Kook ztz”l. Please read this and engrave it on your heart. Simply put; it can change your life forever.

It was 1946 and the great Rav Avraham Yitzchak Ha’cohen Kook had passed away 11 years earlier. His son, Rav Tzvi Yehuda, was seated at the head of the Shabbat table in Bet Ha’Rav (Rav Kook’s house in Jerusalem). One guest at the Shabbat table brought up a disturbing topic: the phenomenon of visitors touring Eretz Yisrael and then criticizing the country after returning to their homes. These visitors complained about everything: the heat, the poverty, the backwardness, the political situation – and discouraged other Jews from moving there. “What can we do to fight such terrible speech?” asked the guest.

Rav Tzvi Yehudah responded by telling over the following parable, one he had heard in the name of Rabbi Samuel Mohilever, the Rav of Bialystok.

There was once a wealthy man who sought the hand of a certain young lady. She was the most beautiful girl in town, and was blessed with many talents and a truly refined character. Her family was not well-off, so they were eager about a possible match with the prosperous fellow.

The young woman, however, was not interested in the match. Rich or not, the prospective suitor was known to be coarse and ill-mannered. She refused to meet with him. The father asked her to at least meet with the young man in their home, so as not to embarrass him. After all, one meeting doesn’t obligate you to marry him! To please her father, the young woman agreed.

The following Shabbat afternoon, the fellow arrived at the house as arranged, and was warmly received by the father. Shortly afterwards, his daughter made her entrance. But her hair was uncombed, and she wore a faded, crumpled dress and shabby house slippers. Appalled at her disheveled appearance, it did not take long before the young man excused himself and made a hurried exit.

“What everyone says about this girl – it’s not true”, exclaimed the astonished young man to his friends. “She’s hideous!”

Rav Tzvi Yehudah stopped briefly, surveying the guests seated around the table. Superficially, it would appear that the brash young fellow had rejected the young woman. But in fact, it was she who had rejected him.

“The same is true regarding the Land of Israel”, the Rabbi explained. “Eretz Yisrael is a special land, only ready to accept those who are receptive to its unique spiritual qualities. The Land does not reveal its inner beauty to all who visit. Not everyone is worthy to perceive its special holiness. It may appear as if the dissatisfied visitors are the ones who rejected the Land of Israel” he concluded, “But in fact, it is the Land that rejected them!”

This is the answer to how we fight the BDS of old and the BDS of new… be ready to accept Eretz Yisrael as the spiritual force it truly is! Understand how this land makes us complete and total Jews. Once you understand that concept – that without Eretz Yisrael – we are broken Yidden, then and only then will you always see the good of the Land and everything it contains.

In Tehillim (128:5) it says; “May Hashem bless you from Zion and may you gaze upon the goodness of Jerusalem, all the days of your life.” This is not just a nice verse in Tehillim. It is how we live our lives by always seeing “the goodness of Jerusalem”. May this be the way we speak about Hashem’s land from this moment on! Next Year in Jerusalem!

A Different Approach to Combating BDS By Shmuel Sackett

9.Multiple Medals to Israeli Gymnastics Team at the 2015 European Games by: Tazpit News Agency Published: June 22nd, 2015

112015 European Games By Michael Zeff

Israeli athletes mark a successful day on Sunday, as gymnasts win multiple bronze and silver medals in the 2015 European Games in Baku.

The Gymnastics team won two silver medals and one bronze in group events, while Neta Rivkin, Israeli Olympic gymnast won bronze for the Solo Hoops event.

Today’s gymnastics wins follow Sergey Richter’s bronze from June 16 for Men’s 10 meter air-rifle, and Ilana Kratysh’s silver for Women’s Freestyle Wrestling form 15 June.

The 2015 European Games in Baku are a first edition of continental games contested by athletes from European nations, and are governed by the European Olympic Committees.

As of 2015 every inhabited continent will have continental games in the Olympic tradition.

Multiple Medals to Israeli Gymnastics Team at 2015 European Games

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