Sunday, January 22, 2023

Donald Trump fined nearly $1 million for attempting the courts as a political weapon.

The best news of the past week may have been the decision by a federal district court judge to fine Donald Trump and his attorneys nearly $1 million for their filing of frivolous actions against Hillary Clinton and others.  In Trump v. Clinton, the former president alleged, in the face of all evidence to the contrary, that the defendants had orchestrated “a malicious conspiracy” to spread false information that the Trump campaign campaign had colluded with Russia during the 2016 presidential race. https://www.washingtonpost.com/politics/2023/01/20/donald-trump-fine-court-clinton/  

The decision may be found at https://storage.courtlistener.com/recap/gov.uscourts.flsd.610157/gov.uscourts.flsd.610157.302.0.pdf

 

These sanctions are being imposed under Rule 11 of the Federal Rules of Civil Procedure. https://www.law.cornell.edu/rules/frcp/rule_11  In my decades at the Department of Justice, there was an instance when I thought that a complaint filed against the United States by a manufacturer of asbestos products was so frivolous that we should file for Rule 11 sanctions against the company and their attorneys for bringing it.  My request to seek Rule 11 sanctions was turned down because the general approach of DOJ is that such drastic sanctions should only be imposed in the most egregious of situations, since courts would be reluctant to create a slippery slope for their imposition.  In my case, the Supreme Court had not yet ruled on the legal theories that led me to believe the suits were frivolous.  So my superiors were probably correct.  Five years later, the Supreme Court issued a decision against Agent Orange manufacturers in Hercules v. United States, 516 U.S. 417 (1996) on the same legal argument.  https://supreme.justia.com/cases/federal/us/516/417/  Fortunately, and appropriately, no asbestos product manufacturer ever brought such a suit again. 

 

In Trump v. Clinton, on the other hand, there were no disputed legal issues not definitively and  long-settled by the Supreme Court, and the factual underpinnings for the complaint were plainly false.  So the failure to impose Rule 11 sanctions would have been an effective repeal of the Rule.  A Rule that is never enforced, even when there is no factual or legal basis for the suit, is no rule at all. 

 

Trump’s insistence on proceeding with the lawsuit was another attempt to destroy the Rule of Law in the United States, using the judicial system to intimidate his political opponents into silence.  The dangers posed by January 6 are still out there.  Thankfully, the district court here pushed back.

Friday, January 20, 2023

Kulanu/Pride Services at Temple Emanuel, 2000 through 2023

 Kulanu Services at Temple Emanuel, 2000 through 2023

 

June 9, 2023:  Guest Speaker, Rev. Joey Heath-Mason, Associate Pastor at St. Paul's United Methodist Church in Kensington

June 10, 2022:  Guest Speaker, Marc Tannen, creator of documentary-in-progress Broken Chains about the lives of Orthodox Jews. https://www.facebook.com/groups/33502840417/search/?q=Annual%20Pride%20Shabbat

June 11, 2021: Kulanu Shabbat (Guest Speaker, Evan Glass, Member-at-Large, Montgomery County Council: My Journey, Our Journeys, and Using the Political Process to Achieve Progress.https://davidfishback.blogspot.com/2021/05/evan-glass-to-speak-at-temple-emanuel.html

June 12, 2020: Kulanu Shabbat (Guest Speaker, Nicolle Campa, President, Metro DC Chapter of PFLAG: The Importance of Family in the Struggle for Equal Rights and Community Embrace and presentations by Youth Advisor Devorah Stavisky and Students Eli Herman, Quinn Spence, Kayden Reff, and Autumn Cook)  https://www.facebook.com/groups/33502840417/search/?q=campa

June 7, 2019: Kulanu Shabbat (Guest Speaker, Ellen Kahn, Director of the Human Rights Campaign’s Children, Youth, and Families Program: Where are we now, where are we going?)   https://www.facebook.com/groups/33502840417/permalink/10156338406045418/

Sept. 16, 2016: Kulanu Shabbat (with Temple Community Social Action Commission) Comfort Cases for Children in Foster Care: Rob Scheer, founder of Comfort Cases. 


March 27, 2015: Kulanu Shabbat Building Community by Sharing Our Stories: David Fishback, Sara Cytron, Glenn Northern, Nat Rasmussen, Marti Teitlebaum & Tim Zwerdling 

Oct. 4, 2013: Kulanu Shabbat Dr. Dana Beyer, Executive Director, Gender Rights Maryland, Jewish Values and Transgender Equality 

Jan. 2013: Co-Sponsor MLK Service Jonathan Jayes-Green (speaking about the Maryland Dream Act and the Maryland Civil Marriage Equality Act) 

Oct. 26, 2012: Kulanu Shabbat Jewish Values and Civil Marriage Equality, guest speaker State Senator Richard Madaleno 

Feb. 10, 2012: Kulanu Shabbat Celebrating Our Temple’s Rich Diversity: Sara Cytron, Lisa Feldman, Glenn Northern, and Tim Zwerdling 

April 1, 2011: Kulanu Shabbat Captain Michael Rankin (USN, Ret.), Retired Navy psychiatrist and openly gay advocate for the repeal of Don’t Ask, Don’t Tell, and Board Member, Union for Reform Judaism 

June 11, 2010: Kulanu Shabbat Delegate Heather Mizeur 

June 12, 2009: Kulanu Shabbat Rabbi Sarah Meytin, Jewish Community Relations Council, Issues of Human Rights 

Feb. 8, 2008: Kulanu Shabbat Delegate Anne Kaiser: Civil Marriage Is A Civil Right: A Gay Jewish View in Annapolis 

Jan. 2007: Co-Sponsor of MLK Service Patricia Corbett, Community Outreach Director, Metro DC PFLAG 

Sept. 15, 2006: Kulanu Shabbat Dan Furmansky, Executive Director of Equality Maryland, Equal Rights for Gays and Lesbians: A Jewish Perspective 

May 22, 2005 Temple Emanuel Celebrates Lag B’Omer: A Celebration of Life and Jewish Survival GLBT in the Family: Response & Embrace 

Feb. 27, 2004: Kulanu Shabbat Rabbi Leila Gal Berner, Values, Tradition and Challenges: A Jewish Approach to Sexual Ethics.  Also presentations from Temple members Ellen Mann (Karch), Bobbi Fishback, and Mike Fishback 

Nov. 16, 2001: Shabbat Service A Vital Part of Our Jewish Community: Embracing a Diversity of Sexual and Gender Identities, Ken Carroll and Stephanie Handel of Bet Mishpachah 

Oct. 18, 2001 Lee Walzer, Homophobia and Anti-Semitism, Temple Social Issues Committee co-sponsored with Bet Mishpacha Social Action Committee and Jews United for Justice 

May 19, 2000: Shabbat Service Gay and Jewish: Issues and Reflections. Rabbi Stone and Catherine Tuerk, Past President of PFLAG and PFLAG Member Hannah Lipman

Monday, January 16, 2023

Celebrating Dr. Martin Luther King, Jr., at Temple Emanuel and Showing One Way That His Vision Is Being Realized by Governmental and Community Action

 

Since 1987, Temple Emanuel has been commemorating and celebrating the life and work of Dr. Martin Luther King, Jr. at a special Shabbat evening service the Friday before the national MLK holiday. 

The 2023 MLK Service was presented on January 13.  Our guest speaker was Gloria Shepherd, Executive Director of the U.S. Department of Transportation's Federal Highway Administration.  Why Ms. Shepherd?  Because for all of the talk about the need to fulfill Dr. King's vision -- talk which is important -- it is also important to hear from those doing the actual work to deal with and begin to dismantle elements of structural racism.  And as Ms. Shepherd explained, this is precisely one of the missions of the FHWA as it implements the Bipartisan Infrastructure Act in cooperation with impacted communities.  Near the beginning of her presentation, she used this link from Secretary of Transportation Pete Buttigieg to illustrate the approach now being taken by the federal government. 

Our service also included readings presented by Candace Groudine, Alexander Ratner, Joanna and Solomon Silver, and Josie Karesh.  I had the privilege of introducing Gloria.  Rabbi Adam Rosenwasser and Cantor Lindsay Kanter officiated.  (The service also included a 60th Wedding Anniversary blessing of Val and Stan Fagen.)  All, along with Gloria, are pictured below.  

(Picture credit:  Bobbi Fishback)

(Thank you to Sandy Fleishman for preparing this flyer)

The full service may be viewed here.  Gloria's presentation begins at 55:21.  

Below are the readings:

READING NO. 1 (Candace Groudine):  These are fraught times, as illustrated by a former President’s recent dinner party in his own home with anti-semites and white supremacists.  But we also see a revival of the alliance of the Black and Jewish Communities to oppose these twin– and very much related – evils. The steadfast alliance of the two senators from Georgia, African-American Raphael Warnock and Jewish-American Jon Ossoff is symbolic of both the unity of today, and the struggles of the past.  https://www.latimes.com/opinion/story/2021-01-18/raphael-warnock-jon-ossoff-senate-black-jewish-alliance

 

Here at Temple Emanuel, we display with pride the iconic photograph of Dr. King and Rabbi Abraham Joshua Heschel at the Selma March which led to the enactment of the historic Voting Rights Act of 1965. Rabbi Heschel was Dr. King’s great ally and scholar of the Jewish Prophetic Tradition, and he reminded us that the “prophet was an individual who said ‘No’ to his society, condemning its habits and assumptions, its complacency.  The purpose of prophecy is to conquer callousness, to change the inner man as well as to revolutionize history." 

 

In the spirit of Dr. King and Rabbi Heschel, this evening is a time to redouble our efforts to challenge white supremacy and anti-semitism.  Part of doing this is to step back and remember the words of Dr. King and see clearly the challenges we face as a society.


 READING NO. 2 (Alexander Ratner):  Dr. King’s vision was rooted in a faith that right would prevail: "The arc of the moral universe is long, but it bends toward justice."

 

But he also knew that only through the work of our own hands would the world become a better place:  

 

"Human progress is neither automatic nor inevitable. . . .  No social advance rolls in on the wheels of inevitability; it comes through the tireless efforts and persistent work of dedicated individuals, who are willing to be co-workers with God."

 

This evening, we give thanks to all those who engage in that “tireless effort and persistent work.”  

 

READING NO. 3 (Joanna Silver and Solomon Silver):  Dr. King often described our world as a “Great World House in which we have to live together -- black and white, Easterner and Westerner, Gentile and Jew, Catholic and Protestant, Muslim and Hindu -- a family unduly separated in ideas, culture and interest, who, because we can never again live apart, must learn somehow to live with each other in peace."

 

Pulitzer Prize winning author Isabel Wilkerson, in her book Caste, provides a take on this metaphor, which takes us deeper into the problems posed by us all living in this house.

 

“We in the developed world are like homeowners who inherited a house on a piece of land that is beautiful on the outside, but whose soil is unstable loam and rock, heaving and contracting over generations, cracks patched but the deeper ruptures waived away for decades, centuries even.

 

“Many people may rightly say, ‘I had nothing to do with how this all started.  I have nothing to do with the sins of the past.  My ancestors never attacked indigenous people, never owned slaves.’

 

 “And, yes.  Not one of us was here when this house was built. Our immediate ancestors may have had nothing to do with it, but here we are, the current occupants of a property with stress cracks and bowed walls and fissures built into the foundation. We are the heirs to whatever is right or wrong with it.  We did not erect the uneven pillars or joists, BUT THEY ARE OURS TO DEAL WITH NOW.

 

“And any further deterioration is, in fact, on our hands.”

 

Our ability to deal with this broken house is America’s moral challenge in the 21st Century.  We can only repair this house if we face up to its defects.  And some of these defects are actually part of our physical infrastructure.   This evening, we will learn about some of the repair that is going on, below the national headlines.  

 

READING NO. 4 (Josie Karesh): In recent years, much of the progress we made in the last half of the 20th Century has been under attack, through the evisceration of the Voting Rights Act and the  resurgence of forces of White Supremacy.

 

Nevertheless, the “tireless effort and persistent work” continued and bore fruit in Georgia as Dr. King’s most recent successor as minister of the Ebenezer Baptist Church in Atlanta, Reverend Raphael Warnock, won re-election to the United States Senate.  And in Maryland, where, in two state-wide contests, African American candidates overwhelmingly defeated right-wing extremists who denied the results on the 2020 election and, in one case, was a member of the neo-Confedarate League of the South who calls the song “Dixie” our national anthem.  https://www.adl.org/resources/blog/right-wing-extremism-2022-primaries

 

As we will learn tonight, the federal government, through the initiatives mandated by those who we have elected, is now involved in specific programs to dismantle infrastructure legacies of racism.

 

Let us learn in order to teach.

Let us learn in order to do.


INTRODUCTION OF GLORIA SHEPHERD (David Fishback):  In a society in which many people talk the talk about advancing Dr. King’s vision, we need to hear from people who are doing the actual work needed to get there.

 

I am fortunate enough to have become a friend of Gloria Shepherd, who is one of those people.  We are grateful that she is our speaker this evening.

 

Last year Gloria was appointed Executive Director of the United States Department of Transportation’s Federal Highway Administration, after having served for fifteen years as the FHWA’s Associate Administrator for Planning, Environment, and Realty.  Before that, she served for eight years as Director of the FHWA’s Office of Planning.  An attorney by training, Gloria previously worked at the Maryland State Highway Administration and the New York State Department of Transportation.


In these public service roles, she has worked tirelessly toward achieving environmental justice in the implementation of highway policy.  As Executive Director of the FHWA, Gloria is guiding the agency as it administers more than $350 billion as part of Bipartisan Infrastructure Law.  A major part of these initiatives are focused on securing justice in the vital building and rebuilding of our transportation infrastructure, knowing that the dismantling of institutional racism requires the rectifying of past injustices, assuring past mistakes are never repeated, and acting with intentionality. This evening, she will be sharing with us some of those initiatives, speaking in her individual capacity.


At the time of her elevation to her present job, Gloria recognized, in her words, “the enormous responsibility that comes with the position. I am grateful that history has allowed me to fulfill the dreams of my parents and relatives who have gone on and bent their shoulders low, so I could stand on them in this position of public service.”  

 

At that same time, Transportation Secretary Pete Buttigieg observed that “We are lucky to have [Gloria’s] expertise, insight, and dedication as we work to modernize our nation’s roads, bridges, and highways to serve the American people now and for generations to come.”


And we are equally fortunate to have her speak to us this evening.











Sunday, January 8, 2023

“Don’t let the light go out.” Chanukah in a time of darkness.

 “Don’t let the light go out.”  Chanukah in a time of darkness.

 

On December 1, Association of Reform Zionists of America Executive Director Rabbi Josh Weinberg posted a blog here in which he squarely faced the challenges posed by the then- incipient new Israeli government.  He urged that we still stand with Israel as we, at the same time, do everything we can to resist the dark forces which appear to be ascendant. The core of his analysis is this portion of his post:

 

"The newly elected ruling government coalition, which includes various incendiary characters, is sending two clear messages:

"1. The Jewishness of the State is more important than democracy;

"2. We don’t care about Diaspora and liberal Jews.

"Our response:

"1. The State of Israel cannot be a Jewish and democratic State according to both traditional Judaism and Israel’s Declaration of Independence if it forsakes the democratic to favor exclusively the Jewish. A measure of any democracy is how it protects minorities and cares about the Other.

"2. We Diaspora Jews will not give you (the newly elected government) the pleasure of winning by turning our backs on the most important project in Jewish history. We will double down in support, by showing up, by raising our voices, and by challenging those who compromise Israel’s democratic values."

 

I agree with Rabbi Weinberg.

 

I would like to offer some additional perspectives, that are particularly pertinent in the season in which we have just completed the celebration of Chanukah:  

 

In 2018, I was very worried.  In a blogpost discussing the dangers and implications of the “nation state” bill in Israel, I concluded with the lyrics of Peter Yarrow’s anthem, Light One Candle, along these final words: “I do not know from where we will be able to protect the light in the years that come.  But we cannot let the light go out.”

 

Four years later, things are barreling toward the worst-case scenario.  Aaron David Miller has been a prominent supporter of Israel for decades – and his November 29 piece in the Washington Post illustrates just how bad it has gotten: 

 

“Having brought to life the radical, racist, misogynistic and homophobic far-right parties, Netanyahu is now stuck with them. He has cut a deal with convicted inciter of hatred and violence Itamar Ben Gvir and made him minister of national security, with far-reaching authority for the West Bank, Jerusalem and mixed Arab-Jewish cities in Israel proper. Bezalel Smotrich, who has called for the expulsion of Arabs, is in line to run the finance ministry, with additional authority over the Civil Administration, which governs the West Bank. And Avi Maoz, who proudly espouses a fierce anti-LGBTQ agenda, has been made a deputy in the prime minister’s office in charge of ‘Jewish identity.’”

 

See, also Thomas Friedman's Dec. 15 column in the New York Times. 


It is as if here, in the United States, Donald Trump were elected president and put Stephen Miller and Marjorie Taylor Greene in charge of the fundamental policies of our government.

 

I will still love our country even if Trump returns to power, just as I, at a gut level, still love Israel.  But my generation of the Diaspora faces the challenge of conveying this love to the next generations, given what is happening.

 

Aaron David Miller understandably calls for United States Government pressure on Netanyahu to convince him to change course.  But is it too late?  This has been building since Menachem Begin announced in 1977 that he would “create facts in Judea and Samaria.” 

 

So what do we do now?  I do not have an all-encompassing answer.  The ethnic-expulsion and homophobia which is the approach the new coalition is preparing to follow (and forms of which are emanating from Mar-a-Lago now, as Trump plots his return to power) is antithetic to Reform Jewish values.  How we, as the American Reform Jewish Community, respond may determine whether the Diaspora will be able to keep the light from going out.

 

How do we convey our Jewish values to our children and grandchildren in light of the horrors that are likely approaching?  And to the extent that our children and grandchildren have absorbed the Jewish values we cherish, how do we convince them that they should continue to identify as Jews? 

 

Here is my attempt to answer the first question:  We live out our values and do not shy away from saying them out loud.  Our children learn from both our words and our actions.  We do this even if others in the Disparate Diaspora are discomforted by our forthrightness in stating our well-warranted fear that our cousins in Israel may be committing horrible acts in the name of “the Jewish People,” and that they may be committing moral and ultimately physical suicide.

 

The Prophets were unsparing in their criticism of our people’s shortcomings, and their warnings pre-saged the destruction of the Jewish States of antiquity.  That lesson from the Prophets suggests that, in our day, a rejection of the idea that Jewish survival demands that we turn a blind eye, or are silent, in the face of acts of ethnic expulsion and homophobia. We must reject that idea, if for no other reason that children who seek truth also sense hypocrisy.  So we must make common cause with others who are the subject of oppression and victims of the tyrant’s boot.  Otherwise, our future as a Jewish People rooted in the concept of Tikkun Olam – repairing the world – will be bleak.  We cannot morally survive if we just “turn our heads and pretend that we just do not see.”  We cannot become those who we despise.  Nor can we be silent bystanders.

 

It is true, as Hillel taught, that if we are not for ourselves, who will be for us?  And it is equally true, as Hillel also taught, that if we are only for ourselves, what good are we?  We hold fast to our religiously-based values, even as some in our community do not.


That is how we convey those values to the next generations.

 

My attempt to answer the second question is trickier, because it is so complex.  Human beings are social animals.  We live best in communities.  And when those communities have rich, warm traditions – as ours does -- our progeny are attracted to them, as well, and want to be a part of those communities. 

 

The more meaningful those communities are, the more likely succeeding generations will want to preserve them.  In my own life growing up in the 1950s and ‘60s, I absorbed the stories of my immigrant ancestors whose understanding of what it meant to be Jewish made them social democratic activists in the New Land of America.  These stories inspired me and made me determined to be the next chain in that part of our tradition.  As a child, the tales of Jewish labor activism in the wake of episodes like the Triangle Shirtwaist Factory Fire made me feel proud to be a link in that chain.  And that pride was not shaken when I later learned that the owners of the Triangle Shirtwaist Factory also were Jewish.

 

In the United States, we are now engaged in painful, but needed, discussions as to the degree to which the United States, through European Americans’ extermination of indigenous peoples and the building of an economy on the backs of enslaved Africans, was (and continues to be) a “racist endeavor.”  Recognizing such embarrassing elements in our history and present-day circumstances does not make people anti-American.  As the American statesman Carl Schurz proclaimed a century and a half ago, “My country, right or wrong; if right, to be kept right; and if wrong, to be set right.” Those who point out a nation’s flaws in order to help it get on the right track are not enemies of that nation.  Rather, they stick with their nation, their communities, to help them be the best that they can be.  The same is true of our faith community.

 

At the season of Chanukah, let us be reminded of the value of keeping the light lit – not just because we are a tribe, but because our tribe is rooted in universal principles of justice and freedom.  For all.  Yes, for all. 

 

Peter Yarrow's Light One Candle  is both an anthem and a reminder.  So I begin where I began in 2018:

Light one candle for the Maccabee children
With thanks that their light didn't die
Light one candle for the pain they endured
When their right to exist was denied
Light one candle for the terrible sacrifice
Justice and freedom demand
But light one candle for the wisdom to know
When the peacemaker's time is at hand

 

Don't let the light go out!
It's lasted for so many years!
Don't let the light go out!
Let it shine through our hope and our tears. (2)

 

Light one candle for the strength that we need
To never become our own foe
And light one candle for those who are suffering
Pain we learned so long ago
Light one candle for all we believe in
That anger not tear us apart
And light one candle to find us together
With peace as the song in our hearts

 

Don't let the light go out!
It's lasted for so many years!
Don't let the light go out!
Let it shine through our hope and our tears. (2)

 

What is the memory that's valued so highly
That we keep it alive in that flame?
What's the commitment to those who have died
That we cry out they've not died in vain?
We have come this far always believing
That justice would somehow prevail
This is the burden, this is the promise
This is why we will not fail!

 

Don't let the light go out!
Don't let the light go out!
Don't let the light go out!

Songwriters: Peter Yarrow

Light One Candle lyrics © Warner/Chappell Music, Inc