Javed Chaudry

02/8/2007      

“Palestine: Peace Not Apartheid”

 

Alan Dershowitz: NO SALE,
 

Mitchell Plitnick

You really have to give Alan Dershowitz credit. It's obvious that his success as a lawyer comes from a great talent for building a convincing argument. It is also clear that he understands very well the difference between a convincing argument and a cogent one.

Dershowitz has let loose with both barrels on Jimmy Carter in a blog at gather.com. Dershowitz not only makes the case that Carter is a Jew-hater, but also a supporter of terrorism, an accomplice of "evil" and a dishonest man who tries to turn the world against the Jews because he is paid to do so by Arabs.

That's Dershowitz's claim in a nutshell, but he makes it much more elaborate and less stark than that. If he simply summed it up, none but the most reactionary supporters of Israeli policies, like himself, would give it any credibility.

Dershowitz spends a great deal of effort to show that Carter is a mere lackey on the payroll of wealthy Arabs and that this is the reason for his so-called "anti-Israel" and "anti-Semitic" views. We'll look at the financial allegations in part 2 of this piece.

As contemptible as the monetary smoke and mirrors Dershowitz put up was, his misleading interpretations of Carter's words are even more egregious. In this, I do want to try to give Dershowitz the benefit of the doubt. As I have said previously in this space, I think Carter's choice of a title for his recent book was ill-advised. A former president writing on arguably the single most controversial topic before us today is going to get attention. The title served to trigger many people and to give his opponents an easy way to sidetrack the conversation.

So, I can allow that Dershowitz, like many other Jews, has had a visceral reaction to some pretty touchy points, not only limited to the description, however defensible, of conditions on the West Bank as "apartheid." Still, even allowing for high emotions, this must be confronted and challenged.

Dershowitz wastes no time in his series launching his attack. In the very first paragraph, he writes: "In his recent book tour to promote Palestine: Peace Not Apartheid, Carter has been peddling a particularly nasty bit of bigotry. The canard is that Jews own and control the media, and prevent newspapers and the broadcast media from presenting an objective assessment of the Arab-Israeli conflict, and that Jews have bought and paid for every single member of Congress so as to prevent any of them from espousing a balanced position. How else can anyone understand Carter's claims that it is impossible for the media and politicians to speak freely about Israel and the Middle East? The only explanation - and one that Carter tap dances around, but won't come out and say directly - is that Jews control the media and buy politicians."

This is perfectly typical of Dershowitz's methods, and is repeated throughout the four articles Dershowitz has published thus far as volumes of attacks on Carter. On Planet Dershowitz, which is, sadly, all too populous, mentioning the undeniable truth that Israel has a very powerful support bloc working to prevent serious debate in both Congress and the public arena about American policy in this conflict must, by definition, mean advocating a "Jewish cabal conspiracy" along the lines of the Protocols of the Elders of Zion.

The infamous "Israel Lobby" is often credited with even more power than it really has (such as when people allege that it is so powerful that it can get the US to invade Iraq contrary to American interests and just for the sake of Israel). But to deny its power and influence is equally absurd.

As one colleague said to me recently, if, in fact, AIPAC and the many other organizations, PACs, media watchdog groups and grassroots activist groups have so little influence on policy and public discourse, then they are one of the greatest con games of all time. Because an awful lot of people, Jewish and not, are giving an awful lot of money to those groups to ensure that Congress and the media consistently reinforce the status quo; that Israel's position as the single largest recipient of US military aid is never seriously debated; that the research institutes and think-tanks which are most closely consulted on American Middle East policy are dominated by people who approach policy first and foremost not with fairness or even pragmatism, but with the theory that American and Israeli interests are generally the same.

All those large contributions that a great many people make are, on Planet Dershowitz, apparently wasted because they do not affect public discourse or policy.

Moreover, when Carter spoke of "powerful political, social and religious forces" stifling debate here in the US, there was a widespread assumption that, as Dershowitz stated, this must mean "the Jews". Jewish institutions are certainly a part of those forces, but so are radical "Christian Zionist" groups, as well as other groups who profit from the status quo.

In many ways, too, some of this comes down to an atmosphere, something not driven consciously. Israel is a long-time American ally, a country whose birth was mythologized both as a compensation for historical atrocities and as a "triumph of the underdog," a kind of story that Americans absolutely eat up. And the high level of emotions on all sides of the issue make many shy away from the issue, or, if they get into it at all, to choose the safer road of supporting the status quo. There is nothing remotely anti-Semitic about Carter pointing out that these forces, both active and passive, serve to stifle serious debate on this very important issue.

Indeed, the very fact that hysterics like Dershowitz immediately accused Carter of anti-Semitism demonstrates the degree to which a rational discussion of Israel is made impossible in the US. No such accusations are heard in Israel, even while many in Israel disagree vehemently with many of Carter's views.

In part 3 of his article, Dershowitz takes Carter to task for allegedly condoning terrorist attacks on Israelis. Carter, of course, did no such thing.

The most common charge is based on a passage from Carter's book, on page 213, which Carter has retracted as poorly worded and has promised to change in future editions of his book. The offending sentence reads as follows:

"It is imperative that the general Arab community and all significant Palestinian groups make it clear that they will end the suicide bombings and other acts of terrorism when international laws and the ultimate goals of the Roadmap for Peace are accepted by Israel."

It is poorly worded, as Carter acknowledged. But that poor wording simply opens the door for this sort of willful misinterpretation. Anyone reading that sentence in context, in the book, would understand that Carter was not endorsing terrorist attacks in the interim.

Carter simply understands that the Israeli and American insistence that Palestinian violence must stop before anything else, while the violence of the occupation continues unabated is a non-starter. It might be nice if it happens, but it is completely unrealistic.

Carter was, in fact, defending Israeli interests and even taking something of an Israeli point of view in saying that Israel needed to hear assurances that all attacks from these groups would end with the establishment of a viable Palestinian state and that they would enforce law and order in preventing such attacks from radical splinter groups in order for Israel to trust in a peace process.

On Planet Dershowitz, however, this is interpreted as encouraging armed attacks on Israelis.

There’s an odd schizophrenia in Dershowitz’s broadside on Carter at Gather.com. On the one hand, he is absolutely brutal in attacking Carter, calling him some horrible things and

image4.jpgmaking some very serious implications. On the other, he fondly reminisces about

supporting Carter for president and mentions more than once Carter’s admirable work in so many human rights and social aid and justice arenas.

But Dershowitz pulls no punches in building his “case” that Carter wrote his book because he is on the payroll of wealthy Arabs.

Dershowitz documents very little of his claims. Where he does, he primarily draws from two articles. One comes from the notorious right-wing web site, FrontpageMag.com, set up by David Horowitz. This site has a well-known reputation for half-truths and outright falsehoods, to which I and many of my colleagues can personally testify (for instance, they described me as “a former 60’s Berkeley radical”. I was three years old when the 60s ended, and didn’t set foot in Berkeley until late 1985. The lies about both myself and JVP only begin there, and they get much more vicious as the article continues).

The other citation is from another notorious right-wing source, albeit one with a somewhat better reputation, the Washington Times. But there is precious little direct sourcing in either of these articles either (none at all in the FrontpageMag one). Dershowitz would never consider entering a courtroom with “evidence” like this.

For most of us, the stories of big money deals glaze our eyes, and the claim of massive Arab funders is what comes through loud and clear. But it’s important to examine Dershowitz’s allegations, so let’s do so, briefly.

Carter and his associates in the 1970s were swept up in a major scandal around the Bank of Credit and Commerce International (BCCI), a Pakistani bank that went global and was a center of major controversy. Carter’s advisor and close associate Burt Lance was particularly involved. And from this, in part, Dershowitz draws his allegation of Carter’s support of terrorism, as BCCI was indeed involved in funding terrorism. And one of the leading figures involved in that aspect of the story was none other than Marc Rich.

Rich was a major international commodities trader who was indicted for tax evasion and for trading illegally with Iran during the hostage crisis. He was pardoned by Bill Clinton under a storm of controversy, which included an appeal from Israeli Prime Minister Ehud Barak for Clinton to issue the pardon, as Rich had been a strong supporter of Israel. An affidavit had Rich accompanying the key figure in the BCCI terrorism scandal, Samir Najmeddin, on every trip he took to the bank. Najmeddin was alleged to have been the person who funneled money through BCCI to purchase weapons for the Abu Nidal terrorist group. It makes at least as much sense to call Rich (a Belgian-born Jew who fled the Nazis in 1942, and an active supporter of Israeli policies over the years) an anti-Semite on this basis as it does to use this against Carter.

Dershowitz also makes great hay over Carter’s receipt of money from the former ruler of of the United Arab Emirates. The Center he ran was closed down because of the very real anti-Semitism that was sometimes generated there, especially after 9/11. But speakers that same center included not only Carter, but Bill Clinton, Al Gore, James Baker, Jacques Chirac and others.

Carter got this money from Zayed bin Sultan Al Nahyan many years ago. Al Nahyan was a world leader who was often praised by many other leaders. He was one of the more popular Arab leaders. The Center named for him did indeed produce some anti-Semitic materials and hosted some anti-Semitic speakers, along with the notable leaders named above. Al Nahyan himself, does not have such a history and the Center which bore his name was closed down because of these well-founded allegations.

One might say that Carter would have been well-advised to give the money back, as Harvard Divinity School did. His not doing so, however, does not brand him an anti-Semite.

Reading Dershowitz’s allegations with a critical eye reveals that he is talking about international finance, an arena where monies change hands and flow from one place to another and where, inevitably, many of the characters are going to have considerable dirt under their fingernails. Yet even at that, while throwing dollar amounts in seven figures make most people’s eyes pop wide open, the actual amounts discussed are hardly enough to have the kind of influence on Carter that Dershowitz suggests.

Just about all of the money Dershowitz refers to goes to the Carter Center, not Carter, and, given the Center’s assets at the end of 2005 were around $375 million, it is highly doubtful that Carter is dutifully obeying his Arab masters, or is, as Dershowitz also speculated, simply blinded by the dollars in his view of Israel and Palestine.

Carter himself recently stated that Saudi money over the years was under 3% of the Center’s budget.

Dershowitz would have us believe that in the context of that kind of operating budget, a few million here or there is enough to get a wealthy man like Carter to write a book for no reason other than to harm Israel and the Jews. Again, it is Dershowitz’s skill in making a preposterous premise believable that should be credited, not the points he is trying to make. Put simply, the level of funding Dershowitz references is hardly enough to significantly Carter’s actions or views. But it is certainly enough for Dershowitz to use to slander Carter.

Sorry, Alan, it was an honest opinion, based on first-hand observation of the effects of occupation on both Palestinians and Israelis.

I begrudge no one, regardless of their views, the right to speak up and passionatelydershjpgfinal.jpg defend what they believe is right. In no matter is this more important than in the case of the Israel-Palestine conflict and the US role in it.

But Dershowitz’s “contribution” to the debate is destructive to all involved. This is not a court case where the arena is set up for each side to zealously defend their case using whatever means necessary.

Dershowitz’s attack on Carter is built on argumentative chicanery and rhetorical trickery. Most of all, it is all too often a personal attack that doesn’t deal with the facts. In this milieu, we already have more than enough of that.

Here’s another example of how Dershowitz twists things to create his case against Carter. He quotes Carter, then writes his comment as follows:

“’It is inconceivable that any Palestinian, Arab leader, or any objective member of the international community could accept this illegal action as a permanent solution to the continuing altercation in the Middle East,’ he (Carter) wrote of Olmert’s plan last year in USA Today.

“Carter has, in effect, told Palestinian radicals to continue to do what they are doing: mainly to terrorize Jewish civilians and then whine to the world about Israeli responses to terrorism.”

Carter was actually referring to Olmert’s potentially disastrous “convergence plan” which has since been shelved.

The result of Ariel Sharon’s unilateral withdrawal from Gaza has been a disaster for Palestinians and provided little gain for Israel, which is relieved of the burden of the pointless settlements in Gaza, but has been subject to rocket fire from the Strip for much of the time since the withdrawal.

Olmert’s plan to replicate this failed idea on the West Bank would have been an unmitigated catastrophe. All the problems with Gaza would have been replicated, except that Israel would have retained a large chunk of the West Bank under Olmert’s plan, which would have inevitably been seen by the Palestinians as a land grab. Indeed, no Palestinian leader could have accepted it, and the result would almost certainly be an enormous increase in the number of Palestinians willing to do whatever it took to harm any Israelis they could.

Carter was opposing a plan that would have increased suffering for both Palestinians and Israelis. On Planet Dershowitz, that’s called inciting Palestinians to terrorism.

Finally, Dershowitz blasts Carter for refusing to debate him. Yet his own articles demonstrate clearly why Carter should indeed refuse such a debate.

Dershowitz is not well-versed even in the Israel-Palestine conflict, let alone the broader Middle East. The question of whether or not he’s an “expert” does not even bear consideration–he’s not even a well-informed layman. I say this not because of his views. Many people hold views similar to his who are experts (Dennis Ross, David Makovsky, and a whole host of experts and fellows at many think-tanks and academic institutions come to mind). He simply isn’t particularly knowledgeable about this; not surprising since it’s not his field.

Dershowitz is, however, a masterful debater and an expert at constructing an argument. His article demonstrates precisely why he has made a name for himself on this issue and why he should not be debated about it. Because of his skill, he can win a debate, but he cannot do so based on his grasp of the facts.

As he did with Carter, Dershowitz bases his argument on personal attacks, on shading the facts, distorting the meaning of words and building upon a phony foundation. That makes him a very good lawyer. It makes him also a very dangerous person in the political arena, and I would stand by that even when (as he has done) he says things I agree with.

Consider that Dershowitz makes these two statements during the course of his article:

1. “I would like to join with President Carter in working for peace in the Middle East. But peace will not come if we insist on blaming one side in the conflict.”

2. “That is the core of the conflict. It is Palestinian terror, not Israeli policy, which prevents peace.”

Can it possibly be any clearer that Planet Dershowitz is not a place for civilized and rational discourse?

 10 Responses to “Alan Dershowitz: NO SALE, Clearing the Fog”

  1. Thomas Marvell Says:
    February 2nd, 2007 at 11:06 pm

How can anyone question the argument that the Jewish settlements on the West Bank are illegal? How could Dershowitz, a lawyer, not start with that fact? He seems to think it has little relevancy.

  1. Geoffrey Abrams Says:
    February 2nd, 2007 at 11:07 pm

I am a Jewish New Yorker and a retired lawyer and writer and am in full agreement. Good for my mental state to realize there are more and more American Jews who feel as I do. It was getting lonely out there a while back. Keep the faith.

  1. Rabbi Jeremy Milgrom Says:
    February 3rd, 2007 at 5:45 am

Well-written rebuttal to Dershowitz’s shady arguments and innuendos. Let’s all work to get this widely read.

  1. Ross E. Bluestein Says:
    February 3rd, 2007 at 1:52 pm

Dear JPN

Thanks for all the great information surrouding the controversy of the release of former President Carter’s book and other aspects of the search for peace in the Middle East.

I have been following the comments of Professor Dershowitz on this subject for many years. What strikes me is Dershowitz’s unswerving consistency in never criticizing the actions of the state of Israel, working to minimize and explain away Isreali behavior, no matter how inhumane,unlawful or deadly the behavior. Dershowitz has never been interested in facts, or justice but merely in lending a leading voice to the perpetuation of an unjust status-quo. In this regard, Dershowitz’s instincts and behavior are reminiscent of the apoligists for Stalin in the Soviet Union during the Cold War. Dershowitz is an apparatchik. The question remains, why is he so prolfic in the media?

  1. M. Berla Says:
    February 3rd, 2007 at 3:36 pm

Bluestein writes of, “Dershowitz’s unswerving consistency in never criticizing the actions of the state of Israel…” I suspect it’s worse than that. I suspect that what he and his ilk are unswerving in is only Israeli government policy when that policy is uncomprisingly expansionist.

I doubt that they would hesitate to criticize official Israeli government policies were those policies to reflect the opinion of a majority of Israelis (and of American Jews too): that trading land for peace is the only viable option, i.e., the only option which holds out for Israel a chance to survive in the coming decades.

AIPAC is not a promoter of “Israeli government policies”. It and its followers are promoters of right-wing, bellicose policies. It is to be hoped that American politicians will begin to understand this, as increasing numbers of American Jews come to understand it and to act on that understanding in an effort to save Israel.

Dershowitz’s prescription is a prescription for the destruction of the State of Israel.

  1. ellen Says:
    February 4th, 2007 at 8:19 am

Alan Dershowitz has been given time on BookTV (C-Span) to “refute” Carter. Like Mitch, I have no problem with someone disagreeing with Jimmy Carter. But in allowing Dershowitz time for his attack, they are breaking with their typical format. I have been watching for years, plus I looked through a couple of hundres shows in the archives, and I did not find a single instance where an author is invited on to “refute” another author. In all cases, an author discusses his/her [recently published] own book.
Clearly some pressure has been exerted on C-Span and I urge people to e-mail them and demand an explanation.

ellen

contact: Booktv@c-span.org

Link to web site and description of program:
http://www.booktv.org/feature/index.asp?segID=7906&schedID=473

  1. Jerry C. Kays Says:
    February 4th, 2007 at 3:27 pm

what Ellen says above about C-Span allowing such a one sided view presentation is real cause for alarm.

It has been my impression that Carter called for International debate between thinking peoples, not a ‘take on all comers’ challenge. He has achieved much of what he asked for in that regard, yet Dershowitz wants to make a ‘personal’ issue out of it.

You will also find that Dershowitz’s part 4 on Gather has considerably backed off on his Carter attack, diverting it to another (Finklestein or some such)… now acting like a ‘fiend’ of Carter … more disingenuous I suspect.

  1. Alan Blitz Says:
    February 4th, 2007 at 8:34 pm

I greatly admire all of you who have the fortitude to get through an article by Alan Dershowitz. I no longer can do so. There are certain people who lose the ability to distinguish between truth and falsehood. Richard Nixon was one of these. Alan Dershowitz is another.

I look back on the Greek tragedy of Nixon’s fall from grace with some sadness. There were times when reading Dershowitz, however, that I did not know whether to laugh or cry. He once claimed in a Jerusalem Post article, for example, that Hezbollah wanted Israel to attack civilians in Lebanon. Is Dershowitz claiming to be in contact with Hezbollah, and is he accusing Israel of attacking civilians? Apparently so.

If you want to know why Dershowitz has now turned on Norman Finkelstein, take a look at Finkelstein’s EBook, “Beyond Chutzpah,” (available from Amazon) in which Finkelstein focuses his piercing intellect on Dershowitz’s nonsense. The funny part of this one is Dershowitz’s claim that Finkelstein is a “holocaust revisionist.” I wonder if Dershowitz is aware that Finkelstein’s parents were holocaust survivors?

  1. The Third Way: A Different View of the Middle East » Alan Dershowitz: NO SALE, Part 1 Says:
    February 5th, 2007 at 3:30 pm

[…] Read Part 2 Read Part 3 You really have to give Alan Dershowitz credit. It’s obvious that his success as a lawyer comes from a great talent for building a convincing argument. It is also clear that he understands very well the difference between a convincing argument and a cogent one. […]

  1. Shawn Bargouti Says:
    February 8th, 2007 at 4:45 pm

I am encouraged by the articulate response of some of the readers. Mr. Dershewitz’s arguments with regards to the Palestinian Israeli conflict have always lacked proper support and have always been antagonistic in nature and without substance. As a Palestinian American I have always felt that when Someone attacks another in debate on this subject by calling the other Anti-Semitic, to me that was a sign that that “Someone” has lost the argument and pulled the last “Trump Card” in that “Someone’s” hand. Mr. Dershowitz seems to only have that type of a card in his hand. Peace to one and All.