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‘Two Israels’: What’s really behind the judicial reform protests

(JTA) — When Benjamin Netanyahu put his controversial calls for judicial reform on pause two weeks ago, many thought the protesters in Israel and abroad might declare victory and take a break. And yet a week ago Saturday some 200,000 people demonstrated in Tel Aviv, and pro-democracy protests continued among Diaspora Jews and Israeli expats, including those who gather each Sunday in New York’s Washington Square Park. 

On its face, the weeks of protest have been about proposed legislation that critics said would sap power from the Israeli Supreme Court and give legislators — in this case, led by Netanyahu’s recently elected far-right coalition — unchecked and unprecedented power. Protesters said that, in the absence of an Israeli constitution establishing basic rights and norms, they were fighting for democracy. The government too says the changes are about democracy, claiming under the current system unelected judges too often overrule elected lawmakers and the will of Israel’s diverse electorate.

But the political dynamics in Israel are complex, and the proposals and the backlash are also about deeper cracks in Israeli society. Yehuda Kurtzer, president of the Shalom Hartman Institute of North America, recently said in a podcast that the crisis in Israel represents “six linked but separate stories unfolding at the same time.” Beyond the judicial reform itself, these stories include the Palestinians and the occupation, a resurgent patriotism among the center and the left, chaos within Netanyahu’s camp, a Diaspora emboldened to weigh in on the future of Zionism and the rejection on the part of the public of a reform that failed the “reasonableness test.”

“If these protests are effective in the long run, it will be, I think, because they will have succeeded at reorganizing and mobilizing the Israeli electorate to think and behave differently than before,” said Kurtzer. 

I recently asked observers, here and in Israel, what they feel is really mobilizing the electorate, and what kind of Israel will emerge as a result of the showdown. The respondents included organizers of the protests, supporters of their aims and those skeptical of the protesters’ motivations. They discussed a slew of issues just below the surface of the protest, including the simmering Israeli-Palestinian conflict, divisions over the increasing strength of Israel’s haredi Orthodox sector, and a lingering divide between Ashkenazi Jews with roots in Europe and Mizrahi Jews whose ancestry is Middle Eastern and North African.  

Conservatives, meanwhile, insist that Israeli “elites” — the highly educated, the tech sector, the military leadership, for starters — don’t respect the will of the majority who brought Netanyahu and his coalition partners to power.

Here are the emerging themes of weeks of protest:

Defending democracy

Whatever their long-term concerns about Israel’s future, the protests are being held under the banner of “democracy.” 

For Alon-Lee Green, one of the organizers of the protests, the issues are equality and fairness. “People in Israel,” said Green, national co-director of Standing Together, a grassroots movement in Israel, “hundreds of thousands of them, are going out to the streets for months now not only because of the judicial reform, but also — and mainly — because of the fundamental question of what is the society we want to live in: Will we keep living in a society that is unequal, unfair and that is moving away from our basic needs and desires, or will it be an equal society for everyone who lives in our land?”

Shany Granot-Lubaton, who has been organizing pro-democracy rallies among Israelis living in New York City, says Netanyahu, National Security Minister Itamar Ben-Gvir and the coalition’s haredi Orthodox parties “are waging a war against democracy and the freedoms of citizens.”

“They seek to exert control over the Knesset and the judicial system, appoint judges in their favor and legalize corruption,” she said. “If this legal coup is allowed to proceed, minorities will be in serious danger, and democracy itself will be threatened.”

Two researchers at the Institute for Liberty and Responsibility at Herzliya’s Reichman University, psychology student Benjamin Amram and research associate Keren L.G. Snider, said Netanyahu’s proposed judicial reform “undermines the integrity of Israel’s democracy by consolidating power.” 

“How can citizens trust a government that ultimately has no limitations set upon them?” they asked in a joint email. “At a time when political trust and political representation are at the lowest points, this legislation can only create instability and call into question the intentions of the current ruling party. When one coalition holds all the power, laws and policies can be swiftly overturned, causing instability and volatility.” 

A struggle between two Israels

Other commentators said the protests revealed fractures within Israeli society that long predated the conflict over judicial reform. “The split is between those that believe Israel should be a more religious country, with less democracy, and see democracy as only a system of elections and not a set of values, and those who want Israel to remain a Jewish and democratic state,” Tzipi Livni, who served in the cabinets of right-wing prime ministers Ariel Sharon and Ehud Olmert before tacking to the center in recent years, recently told Haaretz

Author and translator David Hazony called this “a struggle between two Israels” — one that sees Israel’s founding vision as a European-style, rights-based democracy, and the other that sees that vision as the return of the Jews to their ancient homeland. 

“Those on the first side believe that the judiciary has always been Israel’s protector of rights and therefore of democracy, against the rapaciousness and lawlessness of politicians in general and especially those on the right. Therefore an assault on its supremacy is an assault on democracy itself. They accuse the other side of being barbaric, antidemocratic and violent,” said Hazony, editor of the forthcoming anthology “Jewish Priorities.”

As for the other side, he said, they see an activist judiciary as an attempt by Ashkenazi elites to force their minority view on the majority. Supporters of the government think it is entirely unreasonable “for judges to think they can choose their successors, strike down constitutional legislation  and rule according to ‘that which is reasonable in the eyes of the enlightened community in Israel,’” said Hazony, quoting Aharon Barak, the former president of the Supreme Court of Israel and bane of Israel’s right.

(Naveh Dromi, a right-wing columnist for Yediot Achronot, puts this more bluntly: “The problem,” she writes, “lies in the fact that the left has no faith in its chance to win an election, so it relies on the high court to represent it.”)

Daniel Tauber, an attorney and Likud Central Committee member, agrees that those who voted for Netanyahu and his coalition have their own concerns about a democracy — one dominated by “elites,” which in the Israeli context means old-guard Ashkenazi Jews, powerful labor unions and highly educated secular Jews. “The more this process is subject to veto by non-democratic institutions, whether it be the Court chosen as it is, elite military units, the Histadrut [labor union], or others, the more people will lose faith in democracy,” said Tauber.  

Green also said there is “a war waging now between two elites in Israel” — the “old and more established liberal elite, who consist of the financial, high-tech army and industry people,” and the “new emerging elite of the settlers and the political far-right parties.”

Israelis protest against the government’s planned judicial overhaul, outside the Supreme Court in Jerusalem, March 27, 2023. (Jamal Awad/Flash90)

And yet, he said, “I think we will lose if one of these elites wins. The real victory of this historic political moment in Israel will be if we achieve true equality, both to the people who are not represented by the Jewish supremacists, such as the Palestinian citizens of Israel, and to the people who are not represented by the ‘old Israel,’ such as the haredi and Mizrahi people on the peripheries.”  

The crises behind the crisis

Although the protests were ignited by Netanyahu’s calls for judicial reform, they also represented pushback against the most right-wing government in Israeli history — which means at some level the protests were also about the Israeli-Palestinian conflict and the role of religion in Israeli society. “The unspoken motivation driving the architects and supporters of the [judicial] ‘reform,’ as well as the protest leaders, is umbilically connected to the occupation,” writes Carolina Landsmann, a Haaretz columnist. If Netanyahu has his way, she writes, “​​There will be no more two-state solution, and there will be no territorial compromises. The new diplomatic horizon will be a single state, with the Palestinians as subjects deprived of citizenship.”

Nimrod Novik, the Israel Fellow at the Israel Policy Forum, said that “once awakened, the simmering resentment of those liberal Israelis about other issues was brought to the surface.” The Palestinian issue, for example, is at an “explosive moment,” said Novik: The Palestinian Authority is weakened and ineffective, Palestinian youth lack hope for a better future, and Israeli settlers feel emboldened by supporters in the ruling coalition. “The Israeli security establishment took this all into account when warning the government to change course before it is too late,” said Novik. 

Kurtzer too noted that the Palestinians “also stand to be extremely victimized following the passage of judicial reform, both in Israel and in the West Bank.” And yet, he said, most Israelis aren’t ready to upend the current status quo between Israelis and Palestinians. “It can also be true that the Israeli public can only build the kind of coalition that it’s building right now because it is patently not a referendum on the issue of Palestinian rights,” he said. 

Religion and state

Novik spoke about another barely subterranean theme of the protests: the growing power of the haredi, or ultra-Orthodox, parties. Secular Israelis especially resent that the haredim disproportionately seek exemption from military service and that non-haredi Israelis contribute some 90% of all taxes collected. One fear of those opposing the judicial reform legislation is that the religious parties will “forever secure state funding to the haredi Orthodox school system while exempting it from teaching the subjects required for ever joining the workforce. It is to secure for them an exemption from any military or other national service. And it is to expand the imposition of their lifestyle on non-Orthodox Israelis.”  

What’s next

Predictions for the future range from warnings of a civil war (by Israel’s president, Isaac Herzog, among others) to an eventual compromise on Netanyahu’s part to the emergence of a new center electorate that will reject extremists on both ends of the political spectrum. 

David E. Bernstein, a law professor at the George Mason University School of Law who writes frequently about Israel, imagines a future without extremists. “One can definitely easily imagine the business, academic and legal elite using their newfound political voice to insist that future governments not align with extremists, that haredi authority over national life be limited, and, perhaps most important, that Israel create a formal constitution that protects certain basic rights,” he said. “Perhaps there will also be demand to counter such long-festering problems as corruption, disproportionate influence over export markets by a few influential families, burgeoning lawlessness in the Arab sector and a massive shortage of affordable housing.”

Elie Bennett, director of International Strategy at the Israel Democracy Institute, also sees an opportunity in the crisis. 

In the aftermath of the disastrous 1973 Yom Kippur war, he said, Israel “rebuilt its military and eventually laid the foundations for today’s ‘startup nation.’ In this current crisis, we do not need a call-up of our reserves forces, or a massive airlift of American weaponry to prevail. What we need is goodwill among fellow Israelis and a commitment to work together to strengthen our society and reach an agreed-upon constitutional framework. If we are able to achieve such an agreement, it will protect our rights, better define the relationships between the branches of government, and result in an Israel that is more stable and prosperous than ever as we celebrate 75 years of independence.”


The post ‘Two Israels’: What’s really behind the judicial reform protests appeared first on Jewish Telegraphic Agency.

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How a Jewish, German-averse writer came to love Berlin

Berlin Before and After: A Cautionary Mirror for Our Times
By Wendy Lesser
Harper, 352 pages, $32

For years, Wendy Lesser was a proud, Germany-avoiding Jew with what she calls “an ingrained distaste for the nation that gave rise to the Third Reich.” Then, in 2003, Lesser, founder and editor of The Threepenny Review and a prolific critic and author, was the recipient of a fellowship from the American Academy in Berlin. Those few months in residence started her love affair with that history-embattled city, where she now returns regularly and feels surprisingly at home.

“One of the things I discovered, when I eventually got to Berlin,” she writes in her latest book, Berlin Before and After, “was how deeply Jewish that city’s culture still is. Or…how thoroughly the German and Jewish cultures at one time entered into each other, so that the versions we now have of them…are still colored by that mutual infusion.”

Berlin Before and After is Lesser’s highly idiosyncratic, selective take on the city — as much travelogue as cultural history. Its subtitle, A Cautionary Mirror for Our Times, evoking the civil rights abuses of the Trump era, reveals something of its raison-d’être. But Lesser doesn’t belabor the comparison, by now a cliché of American political discourse. She is at least as interested in the diverse artistic pleasures of contemporary Berlin as in the historical shadows that shape its landscape and personality.

The conceit of the book is simple: Lesser begins with an admiring look at Berlin in the year 1929, which she defines as “the last year in which it was possible to turn a blind eye” to impending disaster. “Runaway inflation, widespread economic despair, and violent social unrest were just around the corner,” she writes, “but they were invisible to most people.”

Lesser skips over the rise of the Third Reich, the Holocaust and the devastation of World War II and resumes her narrative in the contemporary city, with its wealth of museums, memorials and other cultural attractions. An aficionado of Berlin’s public transit, she ends, somewhat bizarrely, by taking readers on an extended bus ride across the city.

Lesser’s book is subtitled ‘A Cautionary Tale for Our TImes.’ Courtesy of HarperCollins

Some of the greatest achievements of the Weimar period, she argues, date to 1929. Lesser proceeds chronologically but also associatively, touching on architectural treatises, novels (including Alfred Döblin’s Berlin Alexanderplatz, Erich Maria Remarque’s All Quiet on the Western Front and Vicki Baum’s Grand Hotel), and the photography, paintings, silent film, dance and theater of the era. Though her focus isn’t political, she lauds the achievements of chancellor and, later, foreign minister Gustav Stresemann. She also remarks on the celebrity of Albert Einstein, one of the many German Jewish scientists and intellectuals who eventually found refuge in the United States.

In the section “Berlin Now,” Lesser is concerned with the impacts of two separate, but related traumas: the Nazi era and the Cold War, epitomized by the Berlin Wall dividing the city into east and west. Berlin’s intense memorial landscape has by now been the subject of countless articles and books, but that doesn’t impede Lesser from digging in.  “Berlin is the companion who never shuts up, and what it wants to tell you about is itself,” she writes. The city “lives on a daily basis with its history in a way that is true of no other place I know.”

Lesser is right on the big picture. But her patience for dissection of both the history and its memorialization is limited. She rushes through the Topography of Terror museum (admittedly, a heavy lift), built on the site of Gestapo and SS headquarters and the Reich Security Main Office. She has little to say about the German Resistance Memorial Center, another site-specific museum, located in the military headquarters where the failed July 20, 1944, assassination plot against Adolf Hitler was planned. And she contemptuously dismisses what she calls “the self-glorifying architecture” of Daniel Libeskind’s generally acclaimed Jewish Museum Berlin in a single paragraph, without any reference to the many important shows it has mounted over the years or to its revamped (in 2020) core exhibition.

Nor does Lesser explicitly consider the notion of the “counter-memorial” — those self-effacing monuments that serve as a critique of more conventional, celebratory memorials. She nevertheless describes several of them. Among the earliest is Bibliothek, the underground “empty library” memorial on Bebelplatz, commemorating the 1933 book burnings that took place there. She visits Peter Eisenman’s vast, unmissable (and controversial) Memorial to the Murdered Jews of Europe, but makes no mention of its excellent underground museum. She examines the now ubiquitous Stolpersteine (Stumble-Stones), recording the last known residences, deportation dates and fates of Berlin’s Jewish residents, and Renata Stih and Frieder Schnock’s Places of Remembrance, whose playful signs attached to lampposts catalog the plethora of anti-Jewish ordinances enacted by the Third Reich.

She also covers memorials to Germany’s division, including remnants of the Wall, the Stasi Museum, the Spandau Zitadelle (with its collection of “toxic monuments”) and the gruesome Hohenschönhausen Prison, whose brutal past clearly captures her imagination.

Berlin’s greatest draw for Lesser is arguably its culture, though it, too, is inseparable from history. She delves into the art of Gerhard Richter, the music of the Russian-born conductor Vladimir Jurowski, the television series Babylon Berlin, and the literature and film of East Germany.

The resulting narrative is an intellectual potpourri, probably most engaging to those who know Berlin (but not too well) or who might be contemplating a visit. Lesser follows her own wide-ranging curiosity and assumes that we’ll tag along. “Viscerally and consciously, with a kind of self-awareness that is rare in a collective entity,” she writes, radiating enthusiasm, “Berlin has continued to reveal itself to me in ways I never cease to find moving.”

The post How a Jewish, German-averse writer came to love Berlin appeared first on The Forward.

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What Black voters can teach Michigan Jews about Abdul El-Sayed

Jewish Democrats in Michigan face a tough choice. They can vote for Abdul El-Sayed, a candidate whose views clash with their own, or withhold their support for the Democratic candidate for senator in a razor-close election that may determine which party controls the Senate.

In a race where a single percentage point separates the two candidates, and in which Jews make up 1.4% of the electorate, every Jewish vote counts. That’s why it’s instructive to look at the history of another minority voting bloc — Black Americans.

Black Americans have faced a version of the El-Sayed dilemma for a century: Should they support a candidate who is imperfect or even hostile on issues they care about intensely, or hold their noses, be pragmatic and vote for the larger prize of institutional power?

Black Americans “don’t have the luxury of picking a candidate who is purely for their interests,” Sam Fulwood III, a Pulitzer Prize-winning journalist who specializes in race and public policy, told me in a phone interview. “I don’t think there’s ever been a moment in history where there’s been a pure choice.”

I get why so many Michigan Jewish voters see El-Sayed as the ultimate “impure” choice. He said he’d cut off both offensive and even defensive military aid to Israel. He called the Israeli government evil, comparing it to Hamas. He has campaigned with Hasan Piker, the influencer who called Israel “the Jewish ISIS” and said that American Jews bring violence on themselves by supporting Israel.

Amid a storm of criticism and calls to distance himself from Piker, El-Sayed reiterated his support for Jews. “I love and revere Judaism and the Jewish people,” he said.

At the same time, El-Sayed’s progressive stances on health care, education and economic justice and even his sharp criticism of the Israeli government have resonated with some Jewish voters.

Others have been satisfied by his pledges to fight antisemitism and his call for a solution to the Israeli-Palestinian conflict that, in his words, guarantees equal rights “for Palestinians and Jewish Israelis alike.”

“So many young Jewish people are active in Abdul’s campaign, and it’s their Judaism that leads them to that position,” said former U.S. Rep. Andy Levin, a self-described Zionist.

Many Michigan Jewish Democrats remain unconvinced. Just before the High Holidays, dozens of Michigan rabbis and Jewish leaders signed onto a list of “non-negotiable” principles about Jewish safety and Israel that any candidate hoping to earn their support must espouse. The petition, called Non-Negotiable Michigan, didn’t name El-Sayed directly, but it’s clear he was its target.

Ultimatums cut both ways. In setting terms for El-Sayed Jewish leaders have created one for themselves. Elections, despite what we learned in high school, aren’t popularity contests. A vote isn’t an approval. It’s a choice.

The Democratic Jews on the fence over El-Sayed may ultimately be faced, come November, with the prospect of an imperfect candidate representing a wing of the party they fear, versus two more years of a Republican majority that will continue to rubber-stamp the Trump administration’s damage to the economy, democracy, the environment, the social safety net, health care and immigrant rights.

If the choice is novel for many Jewish Democrats, it’s old news for Black Americans.

The dilemma goes back at least as far as the 1936 election, when Black voters shifted to the Democratic Party to vote for Franklin D. Roosevelt, even though FDR, fearful of losing Southern support, repeatedly refused to support federal anti-lynching legislation.

Or consider Lyndon Johnson. In 1957, Johnson, then Senate Majority Leader, stripped the enforcement teeth out of that year’s Civil Rights Act to get it passed, bypassing the objections of civil rights leaders. Seven years later, after Johnson became president and signed the Civil Rights Act, Black voters delivered him about 94% of their vote — despite a legislative record on civil rights that had been mixed at best.

Even more recently, Black voters have had to sacrifice the perfect for the good, supporting Hillary Clinton despite the impact of Bill Clinton’s 1994 crime bill that contributed to mass incarceration.

In all these cases, Black voters didn’t overlook or excuse these records. Instead, they made a strategic calculation to focus on the bigger goals, realizing politicians are often imperfect vehicles to get us there.

“Black Democrats have overlooked differences in the Democratic Party and even overlooked prejudice because they knew the Democratic Party was much better than the alternative,” Ada Horwich, a longtime Democratic Jewish activist in Los Angeles told me. “We need to learn from their political behavior.”

Perhaps the best example, Fulwood reminded me, was John F. Kennedy, who saw the civil rights movement as a domestic distraction. But in 1960, after Martin Luther King Jr. was jailed, Kennedy privately — so as not to offend Southern Democrats — called Coretta Scott King to offer support, while his brother Robert worked behind the scenes to secure King’s release. That persuaded King’s father, King Sr., to throw his considerable electoral influence behind the Democrat.

“He took a lot of Black voters with him,” said Fulwood, “even though Kennedy was not great.”

Fast-forward to 1963, and JFK came around to support the movement.

“It’s a difficult thing,” King Jr. said at the time, “to teach a president.”

One lesson is that politicians are teachable. Stances that seem “non-negotiable” now can change.

That mixture of cold calculation and hope is exactly what this election is asking Jewish Michiganders to negotiate. Or, as Fulwood said of so many electoral choices Black Americans have faced, “One candidate is very bad, and one is less bad.”

The post What Black voters can teach Michigan Jews about Abdul El-Sayed appeared first on The Forward.

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South Florida Democrat Moskowitz airs campaign ad targeting antisemitism with concentration camp footage

(JTA) — South Florida U.S. Rep. Jared Moskowitz pulled on his family’s story as Jews in the Holocaust in a campaign ad targeting antisemitism, as he strives to retain his seat in the November general election.

“In every generation, they rise against us,” the Jewish incumbent says in the ad over a background of somber music and black-and-white photos from a concentration camp. “My great-grandparents were murdered in Auschwitz.”

“In our generation, right here, the Parkland shooter had swastikas carved into his gun,” he continues, standing in front of Marjory Stoneman Douglas High School, referring to the 2018 fatal shooting that killed 14 students and three educators.

Moskowitz, a top Democratic supporter of Israel in Congress, who fended off progressive challenger Oliver Larkin in a heated August primary, emphasizes in the ad that he has worked to fight antisemitism through bipartisan laws. Some of this legislative action has involved increasing security at synagogues and Jewish nonprofits and expanding education to reduce hate crimes.

“Never again is now,” Moskowitz concludes.

Moskowitz won the August primary with 63.5% of Democratic voter support, to Larkin’s 36.5%. But Larkin was vocal throughout the race about his opposition to arms sales to Israel, going so far as to label the country as a “religious supremacist” nation.

As Moskowitz prepares to face former Boca Raton Mayor Scott Singer, a Republican who is also Jewish, the Democrat may be facing a tight race in a region that had previously been solidly blue.

The 25th Congressional District, which includes parts of Delray Beach, Boca Raton and Miami Beach, is about 25% Jewish, according to local estimates.

Yet recent redistricting efforts have transformed the region into territory that President Donald Trump would have likely won in the 2024 elections. In fact, the Cook Political Report declared a shift from “solid D” to “toss up.”

“There’s no doubt that the race for the new 25th District will be highly competitive in a favorable environment for Democrats,” the report stated.

Moskowitz’s team emphasized the “deeply personal” nature of the congressman’s battle against antisemitism, in a statement issued alongside the ad’s release. He is confronting this challenge, his team explained, by “connecting his family’s experience during the Holocaust to the hatred that continues to threaten our communities today.”

While Moskowitz’s great-grandparents died in Auschwitz, his grandparents were able to escape Europe right before the war. His grandmother left on the Kindertransport, an organized effort that rescued Jewish children from Nazi-controlled territories beginning in 1938.

By Tuesday evening, the Google Ads Transparency Center, which includes data on YouTube ads, did not yet reflect how much money the campaign had spent on its ads there. Meta’s Ad Library also did not yet have data as to how much had been spent on the Facebook version of the ad posted there.

Stephen Sussman, a professor of public administration at Barry University, told the Jewish Telegraphic Agency that although “Holocaust imagery should never become routine campaign material,” he doesn’t believe that this ad has crossed a line.

“The Holocaust was, of course, a real event that continues to shape Jewish life and memory,” Sussman said, recognizing that Moskowitz’s great-grandparents were murdered at Auschwitz and that many Jews today feel threatened by antisemitism.

“He is not comparing his opponent to Hitler or using the Holocaust to make an unrelated political attack,” Sussman added.

The professor also noted the ad’s direct connections to the congressman’s record, such as his leadership in passing bipartisan legislation on antisemitism awareness and in boosting funding for synagogue security.

Sussman acknowledged that when Holocaust imagery becomes part of a campaign, there “is a legitimate concern” that other people might deploy that imagery less responsibly. But he stressed that given Moskowitz’s history and work record, as well as the current political climate, this particular ad is “powerful but defensible.”

Ken Goldstein, a politics professor at the University of San Francisco, offered a similar perspective, explaining that of the thousands of ads he has watched in his lifetime, he found this one to be powerful but not particularly controversial.

“He was certainly using pictures of the Holocaust, jarring images, but they were his family’s story,” said Goldstein, who is an expert on the impacts of political advertising.

“I don’t think he’s using it to personally attack anybody else except the Parkland shooter,” he added, noting that the ad isn’t being used to attack an opponent. “This one does not strike me as particularly harsh, unfair, or out of bounds at all.”

This article originally appeared on JTA.org.

The post South Florida Democrat Moskowitz airs campaign ad targeting antisemitism with concentration camp footage appeared first on The Forward.

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