Showing posts with label Germany. Show all posts
Showing posts with label Germany. Show all posts

Tuesday, November 02, 2021

White Jews: An Intersectional Approach -- Presenting to the Germans

Tomorrow (well, I suppose later today -- Nov. 2, at any rate) at 11:30 AM (Pacific), I'll be presenting "White Jews: An Intersectional Approach" before the Alliance Against Antisemitism -- Cologne. I believe I'm just one of two English-language speakers on their event list this season, so this is quite an honor.

A link to the livestream is here. It'll be in English, of course, so feel free to tune in!

Thursday, October 10, 2019

How We Won't Respond to the German Synagogue Shooting

As many of you already know, there was a synagogue shooting in Germany yesterday, during Yom Kippur (the holiest day of the Jewish calendar). The perpetrator live-streamed the attack on Twitch, and may also have targeted a neighboring kebab shop. Two died; more no doubt would have had the synagogue's doors not been locked.

The killer (who has been arrested) appears to be a far-right German extremist. As we endure yet another act of horrific violence in our holy places, it has become all the more imperative that we mobilize together to figure out how to stop this. What policies, what practices, what interventions can keep the Jewish community safe -- in Germany, in America, and around the world?

On that score, here are a few things we will not be considering -- and thankfully so:

  • We will not suggest that the solution lies in a complete and total shutdown on Germans entering the United States, or efforts to restrict German or European migration more broadly;
  • We will not suggest that this is the inevitable byproduct of Europe being "overrun" by European men;
  • We will not insist on crackdowns or government surveillance targeting White, European men writ large;
  • We will not -- despite a ton of history to draw upon -- suggest that attempted mass murders of Jews simply is the full and faithful expression of authentic German-ness, European-ness, or Christianity.
We understand that such inquiries are ludicrously overbroad -- and more than that, would interfere with the real political and social alterations necessary to tackle the sort of violent antisemitic extremism embodied in this attack.

That is a lesson. It is a lesson that goes hand in hand with taking seriously -- deadly seriously -- the ideologies and hatefulness that produces violent antisemitism, no matter where it comes from. Tackling these awful ideologies -- whether they arise from the left or the right, from Islam or Christianity or some mutant form of neo-paganism, from elites or from the disaffected -- can and must be done. Antisemitic or otherwise bigoted ideologies can stem from all these sources, and they cannot go unchallenged. Things have gotten too serious to ignore them.

But let's be clear: doing it seriously means avoiding profoundly unserious modes of explanation or critique. Sweeping dismissals of entire cultural, religious, or ethnic groups? That's not serious. That is the act of someone who, fundamentally, does not take this threat seriously.

We all intuitively know that in the case of the Halle shooting. But it is a lesson worth internalizing across the board.

Sunday, August 26, 2018

The Bachelor's Roundup

Today is a big week.

It is my last week as an unmarried man. This coming Sunday, September 2nd, 2018, I will be married. 9/2/18 -- it's very mathematical, and mathematical around the number "18" too, which is nicely auspicious.

Jill has been out of town since Wednesday -- she says on a work trip, though I think she's just having a second bachelorette party. She gets back late tonight, and then we both fly to Minnesota together on Thursday.

So ... this might be a light posting week. Or not! I'm unpredictable.

* * *

The Washington Post has a long article on the Lumbee Indians of North Carolina and the unique neither-fish-nor-fowl status they have under federal Indian law. I had a case that tangentially connected to the Lumbee when I was at Covington, so I actually was familiar with their situation -- and this article does a good job providing additional depth.

There is little doubt in my mind that, if Trump goes down, his hardcore followers will blame the Jews.

A fascinating -- if chilling -- essay by Cass Sunstein on how ordinary Germans experienced the rise of Nazism. The takeaway is that, for them, things still always felt "ordinary". They went camping, they hung out with friends, they made jokes. We have a very wrong idea of the phenomenology of authoritarianism -- at least for those persons not directly targeted for suppression.

David Hirsh goes into detail to explain what should be obvious: why Jeremy Corbyn dismissing "Zionists" as people who have "lived in this country for a very long time, probably all their lives," and yet "don’t understand English irony" is antisemitic. It leverages specifically antisemitic tropes, and it does so in a way that's only sensible if one is leveraging those tropes (the idea of "Zionists" retaining status as perpetual aliens who remain unassimilable outsiders no matter how long they live in their "host" countries is incoherent without supervening on "Zionist as Jew").

Who could have guessed that, if the fringe group Jewish Voice for Labour put on a forum on antisemitism, it would become a forum for antisemitism? Everyone, that's who!

Regarding the French Open's ban on Serena Williams wearing a "catsuit", it's simultaneously amazing and not at all amazing that misogynoir so easily trumps the truckloads of money and attention Williams -- one of the biggest stars in global sports -- brings to women's tennis.

Monday, May 21, 2018

Quote of the Day: Frederick William IV on Jews

I found this in Hannah Arendt's The Origins of Totalitarianism (Harvest 1994), p. 33 n.31. Asked what he intended to do with the Jews, Frederick William IV, King of Prussia, replied:
I wish them well in every respect, but I want them to feel that they are Jews.
The quote is used to illustrate the paradox of 19th century European elite views towards Jews -- simultaneously expressing (sometimes) warm feelings towards Jews in the abstract, while nonetheless continuing to harbor openly antisemitic attitudes.

This is also reflected in a quote by Wilhelm von Humboldt which Arendt was very fond of: "I love the Jew really only en masse; en detail I strictly avoid him." This was notable because von Humboldt -- great liberal that he was -- was known as one of the great allies of the Jews at the level of political theory. And indeed, contrary to the text of the quote von Humboldt did actually have several Jewish friends. Nonetheless, it reflects the push and pull between abstract commitments to equality (or even fraternity) as against deeply-entrenched antisemitic attitudes.

Interesting side note: The Origins of Totalitarianism was written in 1951. But in 1948, Arendt published in article in Jewish Social Studies titled "Privileged Jews", which presaged some of the content. It's an interesting read: discussing the status of certain elite Jews who in pre-emancipation Europe really did enjoy certain privileges (on account of wealth or education), and how that (partially) privileged status interacted both with antisemitic sentiment in European society and with later moves towards general emancipation.

Thursday, January 12, 2017

It's Impossible to be Antisemitic, Part 2245

A German court today upheld a lower court ruling that firebombing a synagogue is not necessarily antisemitic, if it is done as a protest of Israeli policies. I alluded to the lower court decision two years ago, and I am blown away  at just how common this line of reasoning is:


In any event, just as it's now impossible for anything to be racist, it's also impossible for anything to be antisemitic.

Sunday, February 15, 2015

Outward Bound

Last week, a former colleague of mine from Illinois emailed me about a German decision where torching a synagogue was not anti-Semitic, just "criticism of Israel" (not the first time I've heard that argument). And earlier this week, a law school classmate sent me an Austrian prosecutor's conclusion that putting up a picture of Hitler captioned with "I could have annihilated all the Jews in the world, but I left some of them alive so you will know why I was killing them..." was likewise just a means of exposure displeasure with Israel. Seriously, this argument has to be bounded somewhere, yes?

Oh, and half of all racist attacks in France are directed at Jews, who constitute one percent of the population. Makes me glad to have the #JewishPrivilege of living in the United States, where we're only the second most common (per capita) victim of hate crimes.

Sunday, December 08, 2013

The Status of German Anti-Semitism

The Central Council of German Jews gets a lot of anti-Semitic mail, as one might expect. Recently, some researchers dived into the cesspool and tried to discern some patterns. Their findings were fascinating:
Many would view the stream of vitriol, sent to German Jewry’s central communal organization between 2002 and 2012, as little more than raw sewage. But Monika Schwarz-Friesel, a professor of linguistics at the Technical University of Berlin, saw it as raw data. Together with Jehuda Reinharz, the American historian and former president of Brandeis University, Schwarz-Friesel has recently published a study of these letters. And their findings reaffirm one of the enduring, if still surprising truths about anti-Semitism in Germany and elsewhere.

More than 60% of the hate mail came from well-educated Germans, including university professors, according to their study, “The Language of Hostility Towards Jews in the 21st Century,” released earlier this year. Only 3% came from right-wing extremists.

The researchers know this partly from analyzing the language of the letter writers — but also because many of the authors of the emails in their sample gave their names, addresses and professions. “We checked some of them, [and] the information [was] valid,” said Schwarz-Friesel in an email to the Forward. She and her research partner were amazed that the writers were so brazen. “I don’t think they would have identified themselves 20 or 30 years ago,” said Reinharz.

“We found that there is hardly any difference in the semantics of highly educated anti-Semites and vulgar extremists and neo-Nazis,” said Schwarz-Friezel. “The difference lies only in style and formal rhetoric, but the concepts are the same.”

One of the research pair’s other main findings was that hatred for Israel has become the main vehicle for German anti-Semitism. More than 80% of the 14,000 emails focused on Israel as their central theme.

Schwarz-Friesel and Reinharz say they strove hard to distinguish emails that were critical of Israel — even those that expressed anger toward it — from those that were anti-Semitic.

“Only those letters were classified as anti-Semitic that clearly [saw] German Jews as non-Germans and collectively abused German Jews to be responsible for crimes in Israel!” she explained.
First, I would love to see this research replicated in the United States. I'd be curious to know if the distribution here was similar or not.

More substantively, that anti-Semitic abuse (a) comes from the highly-educated and (b) is overwhelmingly tied to "criticism of Israel" reminds me of a thesis I started to develop in two posts regarding anti-Semitism as status-production.

We don't often think about the "causes" of anti-Semitism or other "isms", in part because such an inquiry often can be mistaken for justifying it. But people wouldn't be anti-Semitic unless they derived some utility from it. The most common "rationale" for popular anti-Semitism may be that anti-Semitism offers an explanation for unfairness or injustice that otherwise would feel entirely unexplainable. The factors that explain why any given person is poor or unemployed or in inadequate housing or what have you are complex and impersonal, they can't be lashed out against. "It's the Jews fault" creates a concrete target and holds out the possibility, if not realistic than at least conceptually-conceivable, of change -- were it not for those people I wouldn't be in this situation.

This explanation undoubtedly carries weight. But it is incomplete. For starters, it focuses primarily on anti-Semitism amongst the downtrodden, but as this study confirms anti-Jewish attitudes are well-represented amongst society's elite. Second, it doesn't explain why anti-Israel rhetoric is the vehicle of choice: if I wanted to blame the Jews for my unemployment, I have access to plenty stereotypes and slurs which more directly play on the theme ("Take that Shylock!").

The status-production rationale fills this gap. All persons crave status. We want to feel valued and important in society; like we are making a contribution. One way of doing this is to join a movement, feeling like one is part of something larger than oneself, and is making a positive difference in the world. White supremacy, for instance was beneficial even to those who it did not seem to materially benefit (e.g., poorer Whites) in part because it located them within a broader narrative of social relations where they were told they were valuable and important. Even if it doesn't pay the rent or give a raise, White supremacy conferred status upon poor Whites -- and for folks who had very little status otherwise, that was enough.

But of course, the desire for status is not unique to the currently-marginalized -- everyone, elites included, desires to be valued and important by our peers. Hence, to the extent that participating in White Supremacy was status-raising activity, it was in the interest of Whites of all classes to partake in it -- and, more importantly, partake in it through the means that conferred status. Not every racist action was status-conferring. By the 1930s, for example, elite Southern Whites had become highly embarrassed by lynchings, which they thought made them look backwards and lawless. The decline in lynchings through this time (there were 130 lynchings in 1901 against only 3 in 1939) does not reflect substantial liberalization in the views of Southern Whites (lynchings were mostly replaced with show trials, after all), but it did reflect an alteration in the sort of behavior which was viewed as status-producing.

The status-production theory suggests that anti-Semitic attitudes will be both created and channeled to arenas in which there exists a status-conferring narrative (that is, a network of high-status individuals who view a particular sort of anti-Semitic activity -- or anti-Semitic activity taken in the course of other objectives -- as worthy of conferring status). Anti-Semitism can be created by status-production because it gives an independent incentive to be anti-Semitic in ways that confer status (status-raising is its own reward); anti-Semitism is channeled by status-production because it lowers the cost of expressing pre-existing anti-Semitic attitudes (instead of being roundly condemned, one finds oneself praised and lauded in some circles).

Anti-Israel anti-Semitism is status-producing. Anti-Israel statements -- whether anti-Semitic or not -- come wrapped in the language of human rights, universal justice, anti-imperialism, and like terms; rhetoric which people like associating themselves with and are status-raising compared to people who are allegedly opposed or indifferent to such things. Unlike anti-Semitism that is expressed solely in economic terms ("Jews are moneygrubbers"), which is viewed as at least jejune if not utterly condemnable, to be "anti-Israel" makes one a bold truthsayer, a crusader for justice, a brave rebel against the forces of darkness. Of course it doesn't have this effect in all circles, but it doesn't have to -- so long as some circle of privileged persons create a system where such views are considered salutary and laudable, some people (especially those whose personal networks are closely entwined with the particular actors conferring status on this ground) will be attracted to attaining that status. Hence, we should expect anti-Semitism to come primarily in the form of anti-Israel rhetoric -- why wouldn't it? To do so is the best way of minimizing the backlash and maximizing the status that the statement elicits. In short, anti-Semitism is expressed in the idiom of the dominant narratives of its time. If it the narrative is Christianity, Jews will be attacked for being non-Christian, if it is nationalist, Jews will be attacked for being foreign, and if it is human rights, than Jews will be attacked as oppressors.

Where does this leave the Israel critic, and, in particular, does it mean that "all criticism of Israel is anti-Semitic [status production]"? First, we must state clearly that "Israel critic" is an incredibly broad term that probably encompasses every single person who has ever had an opinion on the subject -- including Israel's defenders. I am a defender of Israel, I am also a critic of Israel. Caring about something means having opinions about it, it would be a remarkable coincidence if my opinions about Israel (or any other country, or institution, or person) perfectly tracked Israel's actions. ZOA is a critic of Israel, as it has every right to be. The point being, first and foremost, that those who adopt the mantle "critic of Israel" are in reality a narrow and provincial subset of the class, who should not be allowed to insist that the vast majority of Jews are mindless zombies "incapable of criticism of Israel." Viewed in this way, it is clear that the vast majority of criticisms of Israel pose no serious threat of engendering anti-Semitism. We are talking about particular forms of criticism whose position seems considerably more fraught.

But speaking to that subset in particular, and stipulating arguendo that they do not want their views to enhance the status of anti-Semites, there are two things that must be said. First, one has to engage in the conversation -- if one isn't willing to consider as even potentially legitimate Jewish criticisms that one's statements are or engender anti-Semitism, one can't act surprised if they don't give your own criticisms much weight or attribute them to hostility. After all, it seems quite likely that a person whose immediate response to Jewish objections is "as usual, Jews are lying/suppressing free inquiry/insane" is someone who in fact does harbor inegalitarian views towards Jews. Privilege -- gentile or otherwise -- means that one can always choose to maintain the primacy of one's own perspective on matters affecting the marginalized group. A very large part of anti-oppression analysis is about convincing the privileged to at least suspend that outlook and recognize that it is possible -- maybe even likely -- that the marginalized person is epistemically more credible on the subject, and that our own view -- even if honestly arrived at, even if fervently held -- may be suspect after all. Persons consistently unwilling to engage in that "quietude" towards Jewish voices cannot claim any presumption of egalitarian views vis-a-vis Jews.

Second, even if one's own heart is beyond reproach, speaking and acting in a political and social system permeated by prejudice means that it isn't all about you. Persons can be held accountable not just for their intent, but also for their predictable effects -- concern for justice means becoming attuned to how one's behavior plays out systematically and working to mitigate its malign consequences. Where particular modes of speaking or activism carries a high risk of reinforcing systems of violence and oppression, heightened obligations are triggered. As I wrote earlier.
[I]ntention is not a necessary component to creating this effect, nor does lack of intention necessarily absolve moral culpability. I believe criticism of a state can be detached from criticism of that state’s citizens; I am less optimistic that criticism of a state can be detached from that state’s supporters. Placed, willingly or nor, in a morally salient relationship with supporters (particularly Jewish supporters) of Israel, the critics have an obligation to be mindful of the known and predictable effects. When they are reckless with the lives affected by their speech, they bear some measure of responsibility for the consequences.

Again, there may be no intention to “green light” anti-Semitic violence. But because the perpetrators have already received the message that they are engaged in a morally righteous struggle, the muted reaction against their behavior — and the unabated continuance of the messages which led them to believe that their acts were heroic to begin with — is easily interpreted as consent or support. Focusing nearly exclusively on defending their words, policies, and procedures from the possibility that they are anti-Semitic, or might produce, ratify, legitimate, or sustain it, the purveyors of criticism as moral hatred unintentionally but dramatically weaken the ability for committed anti-racists to break the connection between criticism of Israel and anti-Semitic activity. Focusing on intent, they are blind to effects. And by refusing to allow even the barest interrogation into the connections between what they are saying and doing, and the historical and current manifestations of anti-Semitism worldwide, it is impossible to create a competitive counternarrative based on principles of justice, fairness, or progressivism; as these terms are all monopolized by the very actors who are unwittingly undermining them. In this world, the only space for a counterstory is on the right, and that is a world I refuse to accede to.

This is one of the many reasons why I am so fervent in speaking up on behalf of those who in good faith speak out against anti-Semitism on the left. Until it is affirmed that interrogating the potential anti-Semitism (in intent and in effect) of progressive speakers (on Israel and on other topics) is a fundamentally legitimate activity for progressives to engage in, it will be impossible to battle against the wave of anti-Semitic violence which seeks status through a perverted pursuit of justice.
I characterized this as a duty to mitigate, not refrain, and that is an important qualification: particular ideas cannot be off-limits only because uncontrolled third parties with terrible views claim status from them. But it is fair to impose an obligation to be mindful of these effects and work to mitigate them, in part because doing so sharpens and clarifies the actual content of the critique, but in part becuase it is generally good that people operating in fraught moral terrain be obligated to think constantly and critically about how their views relate to and are impacted by important moral questions. After all, if we can't figure out how (or can't motivate ourselves) to draw clear conceptual distinctions between our own views and those we purportedly condemn, then maybe the views themselves need reassessing.

Sunday, July 21, 2013

Judicial Activism and Nazi Germany

Justice Scalia reportedly credited "judicial activism" of the style he attributes to modern liberals as being a driving force for the Holocaust.

This is an interesting critique less because of its inflammatory nature, or even because of its hypocrisy given the highest profile SCOTUS case of the last term was the notably originalism-less Shelby County decision, and more because of how it clashes with prior contributions to the "your preferred school of judicial interpretation is responsible for the rise of Nazism" school of critique. The most famous of these was the argument by natural law scholars (such as Lon Fuller) against legal positivists (such as H.L.A. Hart). A key point of disagreement between the two was whether an immoral "law" truly could be considered law. Fuller said no, while Hart contended that Fuller's position mistook what the law ought be from what the law is. Fuller rejoined that it was this outlook that allowed Nazism to be sanctioned by Germany's judiciary, as they felt obliged to follow the law as written.

I'm not saying I side with Fuller in this debate. I only observe that historically, the criticism leveled at WWII German jurists was not that they were too willing to adopt contemporary standards of "moral authority", but rather that they were too content to apply the law as it was written and understood by those who drafted it. Justice Scalia's argument is, to my knowledge, a distinct outlier and I'm curious to know what support, if any, there is for his position.

Monday, May 06, 2013

The Oppressor Class

Phoebe Maltz nails it, discussing the creation of a late 19th century German colony established, in part, to keep good Aryans away from those meddlesome Jews:
Anti-Semites weren't - aren't - just people who think they're better than Jews. They're people who think they're being oppressed by Jews.
This is part of the reason why anti-Semitism so easily finds footing among certain branches of the far-left. To be sure, it's also why anti-Semitism finds footing among the far-right -- the right certainly has no trouble imagining untrustworthy aliens who threaten Our Way of Life. But the left's rhetoric of opposing "oppression" and "hierarchy" can easily incorporate anti-Semitic prejudices insofar as they buy into popular narratives of Jews and the quintessential oppressing class.

This also relates to some popular prescriptions of how Jews can end anti-Semitism (much like ending rape or ending racism, this is of course typically presented as the obligation of the victim rather than the perpetrator). Jews will cease being hated when they cease possessing power, whether it be social (control of Hollywood), political ("the Jewish lobby"), national (Israel), or what have you. See, for example, this piece of work (proof that finding yourself on a Google Book Search isn't always a happy day). A Jew who has the temerity to succeed (and in particular, succeed at persuading others) is a Jew who is playing to stereotype. A polity where Jews are successfully convincing non-Jews to adopt policies Jews find amenable is a polity that clearly, clearly, has been damaged or diseased in some way. How else could Jews possibly win but by dirty pool?

The corollary is that Jews have a normative obligation to be weak, to be at the sufferance of others. It is wrong for Jews to win, and it is extra wrong for Jews to win based on their own decisions and determinations (as opposed to being gifted a privilege by the benevolent majority). Jewish power is always taken to be Jewish oppression; hence, the bare fact that Jews sometimes are in a position where they don't have to answer to the Gentile world is itself an outrage. This is why so much of the "critical" (so to speak) assault on Jewish institutions focuses not on what they do, but the fact of their continued existence. That Jews have institutions which can make decisions which impact the world without -- gasp -- gentile permission; this is the anathema. The problem is when Jews are subjects -- actors who have the ability to influence the world around them. The solution is to make them subjects -- subjugated and controlled by others who know best.


Thursday, June 24, 2010

German-Arab Youths Attack Jewish Dance Troupe

Very scary stuff. And apparently the festival organizers, instead immediately calling the police when the thugs starting chanting anti-Semitic slurs and throwing rocks, tried to "de-escalate" the situation on their own. What the hell?

Tuesday, December 22, 2009

An Address By Moishe Postone

"Another German Autumn", at a Demonstration against Antisemitism, December 13, 2009.

Monday, November 23, 2009

German Thugs Shout "Jewish Pigs", Block Jewish Event

Gosh, doesn't this sound familiar.
A group of left anti-Semites on Sunday has violently prevented the showing of a film about Israel. During the blockade of the cinema insults such as “Jewish swine” were to be heard. A Hamburg association of the Left Party published a justification of the action, saying a “Zionist propaganda film” was prevented from being shown.

The film to be shown was the 1972 movie “Why Israel,” by the French filmmaker Claude Lanzmann, who is best known for his nine-hour documentary “Shoah.” According to the cinema in the district of St. Pauli, and the organizer of the planned demonstration which had about 15 people from an anti-imperialist group, the Center internationalist B5, access to the cinema was blocked and the incoming visitors were filmed and photographed.

The blockaders were wearing gloves and wielding a bike lock and a belt prepared for a violent action. In fact, there had been a scuffle, and some visitors were injured by blows to the face. The demonstration was called because of the boycott campaign.

The chairman of the Jewish community Pinneberg, Wolfgang Seibert, condemned the action and called it “the actions of the petit bourgeois running wild” who understood themselves however as on the left, but “in their approach can certainly be described as followers and stooges of neo-Nazis.” With insults like “Jewish pig” and “sissy,” the blockaders have discredited themselves: “Those who use such anti-Semitic and homophobic words, have lost every right to call themselves ‘internationalists’.” That it is determined by force “what is allowed to be seen and what not,” is completely unacceptable, said Seibert: “We are fed up with this kind of censorship.”

German police are now investigating, though persons who had tried to attend the screening complained that the police stayed on the sidelines as they were violently assaulted by the left/fascist thugs. More coverage from the Jerusalem Post. Via Matt, who comments, "When you use violence to prevent Jews from taking an active and robust role in politics within any country other than Israel, then opposition to Israel's existence is the denial to Jews of all political rights."

Friday, January 23, 2009

Is This Solidarity Too?

Barcelona cancels Holocaust memorial event, claiming that "Marking the Jewish Holocaust while a Palestinian Holocaust is taking place is not right." The linked article cites several other remarks from European officials making similar analogies: a Norwegian diplomat wrote that "the grandchildren of Holocaust survivors are doing the same thing to the Palestinians, as the Nazis did to their grandparents," and the German neo-Nazi party, clearly seeing an opportunity for some historical rehabilitation, is planning a march under the banner of "Stop the Israeli Holocaust in the Gaza Strip."

Monday, January 05, 2009

Cute Cute Cute

Since nothing bad happened and the kids were quickly returned to their parents, I can say that this is totally adorable.

Friday, January 25, 2008

Quote of the Evening

No immediate link to anything currently in the news, though it does remind me of my Dartmouth L.J. paper. I just wanted to save it for later:
The question of how Jews would fit in when cultural and linguistic identity became the basis of citizenship, and the Volksgeist was embodied in a Volksstaat, could be answered in only one of two ways. Either the Jews had to surrender their Jewishness and become good Germans or there would be no place for them. At the end of the eighteenth century and the beginning of the nineteenth, a liberal assimilationist perspective was ascendant in German thought, but beneath it lurked a deep intolerance of the Jew who remained distinctive. In 1793, the philosopher Johann Gottlieb Fichte, who professed to be advocating that Jews be given "human rights," put the choice before them in starkly brutal terms: "As for giving them [the Jews] civil rights, I see no remedy [*72] but that their heads should be cut off in one night and replaced with others not containing a single Jewish idea."

George M. Fredrickson, Racism: An Introduction (Princeton: Princeton UP, 2002), 71-72.

Similar sentiments were expressed in France during this time period. And, of course, this theory of enlightenment universalism is the guiding force behind much of modern Western philosophy in America and Europe -- including the "color-blind" theory of race relations and the doctrine of strict separation between Church and State.

Notice how obliterating Jewish distinctiveness was cast as being in accordance with securing human rights -- Jews literally had to be destroyed in order to be saved. The evident Christian overtones accentuate the fact that this "liberal" revolution was hardly the break from the past that it used to be -- it merely found new language to express its fear of Jewish difference and its desire for Jews to disappear. Given that the "universal" personhood Jews were expected to assimilate into was based on a Christian norm, even the desire for conversion is barely affected. All that changed was the removal of the few protections Jews had when their oppression was strictly theological: at least some Christians theologians had some need for some living Jews -- the model expressed here explicitly wanted all Jews to disappear and pointedly chose a very violent metaphor to bring across its point.

It's no wonder that many post-Holocaust theorists consider the Shoah to be the bastard child of the Enlightenment.

Tuesday, October 09, 2007

Secrets Are No Fun

This is the tale of Khaled El-Masri, a German national taken into custody by we-who-do-not-torture:
El-Masri, a car salesman and a father of four, says his ordeal began on New Year's Eve 2003 when he was pulled off a bus after it crossed the Serbian border into Macedonia. His passport was taken, and he was questioned for days by agents who said he was a terrorist. They refused his request to contact German authorities.

After 23 days, he was blindfolded, taken to the airport and turned over to U.S. authorities. In an interview in 2005 with the Los Angeles Times in Berlin, he described what had happened then:

"I was led into a room. The door closed behind me and I was beaten from all sides for about one minute. They bent my arms to my back and cut off my clothes. . . . I saw seven to eight men all dressed in black and wearing masks. . . . They put me in diapers and a dark blue sweatsuit with the legs and sleeves cut out."

His appeal to the court says he was then put in a plane, "chained spread-eagle to the floor," injected with drugs and flown to Baghdad and then on to Kabul, Afghanistan. He spent the next four months in a CIA-run prison, the appeal says.

In late May 2004, U.S. officials had apparently concluded they had the wrong man. El-Masri was loaded onto a plane, blindfolded, put into the back of truck and dropped off on a hillside in what turned out to be Albania. From there, he made it back to Germany, where an investigation was launched.

Lest we think this is he-said/she-said about El-Masri being a terrorist, according to German officials we have already admitted we got "the wrong guy." And Germany actually went so far as to issue arrest warrants for 13 CIA agents involved in his abduction (they have since dropped the effort).

El-Masri sued the US, but the Supreme Court just denied cert, upholding rulings by lower courts that allowing the case to proceed would violate the "state secrets" doctrine -- a doctrine that even conservative law professor Douglas Kmiec, who has emerged as one of the Bush administration's most prominent academic defenders, said was "not sustainable" in its current breadth.

Also, fun fact: the LA Times dug up the case which originally established the "state secrets" doctrine:
The case tests the outer reaches of the so-called state- secrets privilege, a rule established during the Cold War to block a lawsuit after the crash of a B-29 bomber. Three widows of crewmen sued and sought the official accident reports. The Air Force said the reports could not be revealed because the bomber was on a top-secret mission to test new equipment.

The Supreme Court ruled for the government in the 1953 case, U.S. vs. Reynolds, saying the reports must be suppressed because they could reveal military secrets.

(When the accident reports were declassified in 2000, they revealed only that the aircraft was in poor condition, evidence that might have helped the widows win their suit.)

I suspect that hearing this case would reveal similarly valuable information that would put American lives at risk.

In any event, just remember: This Country Does Not Torture People (tm). But occasionally, it does pluck random folk off the street, hold them incommunicado, beat them up for several months, them drop them off blindfolded on an Albanian hillside.

Some other blogs:

Captain Ed says to El-Masri: "Tough luck." Ed's commenters to him: "I hope this happens to you in the near future, then." I do give him a little credit for admitting in updates that he was too glib. But only a little, since I don't really accept that we can call ours a legal system and have no remedy for torturing innocent people for several months.

The Plank: "You'd think if it really were a case of mistaken identity, the Bush administration would want to just pay him whatever damages he's asking for and dispose of the whole thing, rather than going through the trouble (and bad publicity) of fighting him in the courts, even if they've ended up winning. But apparently not."

Michael Dorf tries to read some tea-leaves behind the cert denial. But whatever small comforts can be drawn, they won't "do El-Masri any good."