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Eli Rosenbaum takes skills honed Nazi-hunting to investigating war crimes in Ukraine
WASHINGTON (JTA) –– During the 35 years Eli Rosenbaum spent hunting Nazis, he always looked up to his forebears in the profession. But it was only recently, as he ventured into Ukraine to track down Russian war criminals, that he felt a personal connection with the investigators who pursued Adolf Hitler’s henchmen in the years following World War II.
For the first time in his career, Rosenbaum was seeking evidence of crimes as soon as, or almost as soon as, they were committed.
“I’m accustomed to working on atrocity crimes when the conflict is over — World War II, Rwanda, Bosnia, Guatemala, et cetera,” he told the Jewish Telegraphic Agency recently. “But in this case, the atrocities are being committed every day.”
Rosenbaum said he has been working “if not 24/7, 20/7” since June, when Merrick Garland, the Jewish U.S. attorney-general, named him to lead the Justice Department’s War Crimes Accountability Team in Ukraine. Rosenbaum had previously spent the bulk of his career in the Justice Department’s Office of Special Investigations, which he directed from 1995 to 2010. The OSI tracked down and deported 70 Nazis hiding in the United States. In 2004, it expanded its purview to track down war criminals from other conflicts who had entered the United States.
Rosenbaum’s current team, he said in congressional testimony in September, “provides Ukrainian authorities with wide-ranging technical assistance, including operational assistance and advice regarding criminal prosecutions, evidence collection, forensics, and relevant legal analysis.”
Rosenbaum rattles off names and events in the evolution of war crimes prosecution in a way that sends a listener scrambling to a search engine. He’s been a war crimes geek since college, when he took a film course and a professor screened Leni Riefenstahl’s Nazi propaganda film, “Triumph of the Will.”
Rosenbaum told his parents about the movie. His father, Irving, a refugee from Nazi Germany who enlisted in the U.S. Army, had been tapped to interrogate Nazis and their enablers after the war because he spoke German.
“I mentioned to my dad that I was taking this course and we had just seen this film. And my father said, ‘Oh, Leni Riefenstahl. I questioned her after the war.’ I [said], ‘Oh, my God. Really?’”
Rosenbaum recalls his father responding, “Yeah, and I have the report on it. Might your professor want to see it?”
As a student at Harvard Law School, Rosenbaum interned in 1979 for the then-just-established OSI, where he spent the next three decades. Garland, in naming Rosenbaum, said that made him a natural fit for the Ukraine job, noting at the time Rosenbaum’s experience in coordinating among different U.S. government departments.
Describing his work to JTA, Rosenbaum repeatedly circled back to the pioneers of war crimes prosecution, among them, Aron Trainin, the Soviet Jewish scholar, and Robert Jackson, the U.S. Supreme Court justice who established the framework for prosecuting Nazis for the “crime of aggression” at the Nuremberg trials, a concept unknown until then.
The relevance of their theories persists, he said, because Russia is not a signatory to the agreement that established the International Criminal Court, making it difficult to prosecute Russians in that body. Instead, Ukraine wants to set up a special tribunal to try Russians, modeling it on the proceedings at Nuremberg.
“We look to Nuremberg routinely, it is the mother of all trials for international crimes,” Rosenbaum said. “It’s in many ways the origin of international criminal law.”
Rosenbaum feels the “crime of aggression” is particularly relevant in the Ukraine case because Russia’s invasion was unprovoked. He described how the “crime of aggression” became, with President Harry Truman’s blessing, part of the canon in international law enshrined in the principles framing the Nuremberg trial, and then in the United Nations charter.
Rosenbaum is awed by Jackson and his intellectual journey.
“There’s an amazing letter that he wrote to Harry Truman, which I just reread the other day, in the course of my Ukraine work, in which he explains to the president why … there’s no precedent for prosecuting aggression. In the old days, this was how nations behaved. They attacked one another and, under international law, they were considered to have equal standing,” Rosenbaum said. “So [Jackson] said that had to end, and he persuaded President Truman, and now we have that crime in international law.”
Rosenbaum says Ukraine proves Jackson’s prescience. He quoted Jackson’s opening statement at the Nuremberg trials: “What makes this inquest significant is that these prisoners represent sinister influences that will lurk in the world long after their bodies have returned to dust.”
Rosenbaum, like Jackson before him, is appealing to the U.S. government to expand its capacity to prosecute war crimes. In his congressional testimony, Rosenbaum described one area of frustration: Unlike crimes of genocide, war crimes must have a U.S. party (as perpetrator or victim) to be prosecutable in a U.S. court.
Eli Rosenbaum, director of the Human Rights Enforcement Strategy and Policy and counselor for War Crimes Accountability at the US Department of Justice, testifies about the war in Ukraine during a Senate Judiciary Committee hearing on “From Nuremberg to Ukraine: Accountability for War Crimes and Crimes Against Humanity,” Sept. 28, 2022. (Saul Loeb/AFP via Getty Images)
“This means that if a war criminal from the current conflict in Ukraine were, for example, to come to the United States today and were subsequently identified, our war crimes statute would not apply, thus potentially allowing that war criminal and others to walk the streets of our country without fear of prosecution,” Rosenbaum said in his congressional testimony.
Another parallel with World War II that has surprised Rosenbaum is that he is getting reports from survivors of Russian atrocities who are gathering evidence in real time. He mentioned two men he admires: Rudolf Vrba and Alfred Wetzler, Slovak Jews who fled Auschwitz and were the first to describe, in a detailed report, the mechanics of the Nazi genocide to the outside world.
“I got to meet Rudolf Vrba, who was a witness for [the OSI] in our very first case that was going to trial — eventually it didn’t go to trial, the defendant gave up — but it was an Auschwitz case in Chicago, and Rudolf came out there,” Rosenbaum said. “It’s just amazing that we have his analogs in people who are gathering evidence, people are escaping from Russian captivity.”
Another pair of Nuremberg trials-era researchers that Rosenbaum names as relevant again are Budd and Stuart Schulberg, Jewish brothers who worked for the OSS, the predecessor to the CIA under legendary Hollywood director John Ford. The brothers tracked down films of atrocities that the Nazis themselves had produced, which the Schulbergs then compiled for presentation at the trials. (Budd Schulberg went on to be a celebrated novelist and screenwriter.)
Rosenbaum is a contributing expert to a just-released hour-long documentary on the brothers, titled “Filmmakers for the Prosecution.”
“The Schulberg brothers really pioneered something that’s extremely important in the history of law enforcement and accountability in courts, [which] is something we take for granted here in the 21st century, and that is the presentation of full-motion film [and] video evidence in courts of law,” he said.
Such evidence-gathering is happening today in Ukraine as well, Rosenbaum said.
“The Ukrainian authorities with which we work very closely have a website onto which the public or to which the public can upload their own videos,” he said. “And now that everybody who has a cell phone, has a video camera…so much evidence of the aftermath of atrocities and even the perpetration of atrocities has been captured via moving images.,”
He says he has been rattled at times by researching war crimes as they happen, especially during his visits to Ukraine.
“It was an unforgettably moving experience to meet our colleagues in the middle of a war in Ukraine,” he said. “One of the senior prosecutors was actually in his military fatigues, because he had taken off briefly from his unit for this meeting, and then he went right back.”
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The secret Jewish history of the ‘Rocky Horror Picture Show’
“Rocky Horror,” which opened in London cinemas on this day in 1975 is the cultural phenomenon that simply refuses to die. Rather, since its first incarnation as a 1973 London stage musical, “The Rocky Horror Picture Show” has been continuously reborn on the silver screen, in subsequent Broadway stage productions, and, in 2016, as a direct-to-TV film, starring Laverne Cox of “Orange Is the New Black” fame as the transgender Dr. Frank-N-Furter, the mad-scientist role originated by Tim Curry.
In all its incarnations, however, “Rocky Horror” has always been more than just a performance. Its appeal has been widely driven as a participatory event. Film critic Roger Ebert summarized it best writing about the original 1975 film: “‘The Rocky Horror Picture Show’ is not so much a movie as more of a long-running social phenomenon,” because “the fans put on a better show than anything on the screen.” What Ebert refers to is the interactive tradition that has grown up around “Rocky Horror,” whereby fans attend midnight showings primed for a party as much as a screening: reciting the lines out loud along with the characters and interspersing them with “callouts” — responses that have been accepted into the Rocky Horror canon much as the Talmud is commentary on the Mishnah that has in and of itself become part of the sacred text. In the case of “Rocky Horror,” this also includes activities, such as throwing rice or confetti in the air when the married couple in the film leaves the church; squirting water pistols during a rainstorm; and tossing rolls of toilet paper when one character says “Great Scott!”
In one of the most overtly Jewish moments in and outside of the film, a speech by Dr. Frank-N-Furter hailing the creation of the Golem-like creature of the title, Rocky Horror, is met by chaotic noisemaking on the part of the partygoers onscreen and off. In the original film, some of the crowd generates noise with ratchets – a percussion instrument that looks suspiciously like a gragger, as if Dr. Frank had said “Haman.” There are other Purim-like touches in the film, such that temple congregations have made “Rocky Horror” into part of their annual ritual, such as a “Rockin’ Hora Purimshpiel” in which several of the musical numbers are rewritten as Purim songs.
Other Judaized versions of “Rocky Horror” that have appeared over the years include “Hebrew Horror,” which was staged in Los Angeles in 2007, and the “Rocky Hora Chanukah Song” by the Jewish punk-rock parody group, the Shlomones (sort of a redundancy, since several members of the Ramones were in fact Jewish, as was their outlook in numerous ways, including their song, “Bonzo Goes to Bitburg.”
The original London stage version was produced by British-Jewish theatrical impresario Michael White, who was born to Eastern European Jewish-immigrant parents in Glasgow, Scotland. White’s credits had already included the boundary-shattering “Oh! Calcutta!” — the first all-nude revue in commercial theater — and he went on to co-produce the “Rocky Horror” film as well as “Monty Python and the Holy Grail.”
The original musical and film were decades before their time in celebrating the sexual fluidity of the LGBT world – indeed, there wasn’t such a term as LGBT, much less a socio-political acceptance of it, for years to come. The new TV film version is in no small part an effort to seize this cultural moment when LGBT, and particularly transgender issues, are now part of mainstream political and cultural discussion, especially what with the casting of openly trans actress Laverne Cox.
The original did, however, have a political consciousness beyond its seemingly outrageous effort to provoke. Dr. Frank-n-Furter’s lab coat in the movie was inspired by a Nazi concentration camp inmate uniform and was adorned by the pink triangle that the Nazis used to label what we now call LGBT inmates. And in the film at least, there were implications that Frank’s rival, Dr. Scott was a Nazi.
The 2016 version was again produced by music industry legend Lou Adler, who was responsible for turning the stage musical into the original film starring Tim Curry, Susan Sarandon, Barry Bostwick and Meat Loaf. In that version, Eddie was played by American Idol star Adam Lambert, the role played by Meat Loaf in the original Broadway cast and film. Lambert, who starred as Joshua in “The Ten Commandments: The Musical,” has achieved fame as a solo artist and as the replacement for the late frontman Freddie Mercury in the rock band Queen. Lambert’s Jewish mother, Leila, was a dental hygienist.
Seth Rogovoy is a contributing editor to the Forward.
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Sister of pro-Israel stalwart Lindsey Graham secures GOP Senate nomination
(JTA) — South Carolina Sen. Darline Graham defeated U.S. House Rep. Ralph Norman in a special primary runoff on Tuesday, putting her in a dominant position to win the Senate seat left vacant with the death in July of her older brother, the pro-Israel stalwart Lindsey Graham.
The Associated Press called the race two hours after polls closed at 9:01pm. By the time 99% of votes were tallied, Darline Graham had secured 52.3% of the votes to Norman’s 47.7%.
“Tonight is a great victory, but it’s not the finish line,” Graham told her supporters on Tuesday night. “In fact, it is the starting line for an even bigger fight, which lies ahead.”
If Darline Graham goes on to win November’s general election against Democrat Annie Andrews, she will have big shoes to fill. Her brother served 23 years in the Senate and eight in the U.S. House. He traveled to Israel about a dozen times between Hamas’s Oct. 7, 2023 attack on the Jewish state and his death at age 71.
Heading into the primaries, analysts expressed no doubt that Darline Graham would be pro-Israel. But matching Lindsey Graham’s level of foreign policy activity, they warned, would be a formidable task. Meanwhile, her campaign to date has largely avoided discussion of international affairs. Instead, she has focused on domestic concerns like reducing spending, securing borders and promoting Trump-backed policies.
During a debate aired on C-SPAN last week, Graham struggled to respond to a foreign policy question about Taiwan and the South China Sea, ultimately admitting that she’s “not that informed on national security.”
“I’m not a polished politician up here,” she said. “National security is not my thing, not my area of expertise.”
Later addressing issues of affordability, Graham linked the domestic economic situation to the war in Iran and said she trusts President Donald Trump “to get the Strait of Hormuz open.” She also voiced her preference for financial sanctions over putting troops on the ground.
Asked about the country’s relationship with Israel, Graham described the Jewish state as “one of our strongest allies.” Recognizing her brother’s close relationship with Prime Minister Benjamin Netanyahu, she added that during a recent meeting with the Israeli premier, she vowed to “continue supporting Israel in any way” she can.
“We have to stand with Israel,” Graham said.
At their previous face-off, Graham had secured 33% of the vote, while Norman came in second place, at 25%, against eight fellow Republicans. But South Carolina requires primary winners to earn a majority of votes in order to avoid a two-candidate runoff. In the November general election, Graham will contend with Democrat Annie Andrews, a pediatrician who is unlikely to prevail in the solidly Republican state.
Tuesday’s runoff marked the third time in two months that South Carolina Republicans came to the polls to select a Senate candidate. Lindsey Graham, won the first primary in June but died suddenly the next month from an aortic dissection.
A few days later, South Carolina Gov. Henry McMaster, a Republican, appointed Darline Graham to finish her brother’s term. Though she only had minimal policy experience, including a leadership role at the South Carolina Commission for the Blind, she earned President Donald Trump’s endorsement and declared her candidacy in the full race.
Trump celebrated Graham’s nomination in a Tuesday night Truth Social post, writing that “Darline Graham rides Trump endorsement to win GOP nomination for brother’s South Carolina seat.”
Graham thanked Trump profusely during her Tuesday night acceptance speech, recognizing the president as one of her brother’s “closest friends” and crediting him for helping her secure a victory.
Norman, meanwhile, thanked his supporters on Tuesday night for their “prayer crusade of a campaign,” stressing that he “did not prepare a concession speech.” He accused “outside PACs” of spending $8 million opposing him and blamed the Democrats for this situation, adding that “they got what they wanted.”
He recognized Trump’s role in the race as a supporter of Graham, noting that he “never understood why he got involved” but that it is the president’s prerogative to do so. Nonetheless, Norman pledged that there “won’t be any tears” and that he planned to back Graham.
“I’m not supporting a Democrat, so I will support her, Darline, as best I can,” he added. “We’ll live to fight another day.”
This article originally appeared on JTA.org.
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Progressive politics notches another deep-red win in Oklahoma race, bolstered by anti-AIPAC messaging
(JTA) — Oklahoma nurse and activist N’kiyla Jasmine Thomas, who ran a campaign with anti-AIPAC messaging, defeated centrist Jim Priest in a Democratic Senate primary runoff on Tuesday that marked the latest victory for a progressive politician in a solidly conservative state.
The Associated Press called Tuesday’s race, a sequel to the state’s June primary, less than an hour after polls closed. By the time 80% of votes were tallied, Thomas had accrued 59.9% of the votes to Priest’s 40.1%.
Like many progressives in the current election cycle, she repeatedly vowed during her campaign to reject funds from the American Israel Public Affairs Committee, the influential pro-Israel lobby.
Although AIPAC has not participated in this race, Thomas posted a social media reel in November that showed her pulling a giant red trash bin, labeled “AIPAC Funds” and “Corporate PAC Funds.” Adjacent to the reel is a caption that reads, “Just taking out the trash.”
“I am a sole grassroots candidate,” she said in the reel. “And we are not accepting AIPAC or corporate PAC funds. It’s garbage.”
Asked about her rhetoric on AIPAC, Thomas told the Jewish Telegraphic Agency in a written statement that her “concerns [with AIPAC] have NEVER been about Jewish people, Judaism, or Israel’s existence,” adding that she instead prioritizes human rights, civilian lives and the accountability of all governments.
“When I discuss political influence or organizations, my focus is on the broader role of money, lobbying, and special interests in our political system, not on any one religion or community,” she added.
In their previous matchup, a five-candidate race, neither candidate had earned the majority required to secure a win. Thomas earned 45% of votes in June, while Priest, a lawyer and ordained minister, accrued 24%.
Heading into Tuesday’s runoff, it was already clear that both Thomas and Priest would be longshots this November in a state that hasn’t sent a Democrat to the Senate in more than three decades. The Republican opponent, Rep. Kevin Hern, swept his primary and has the endorsement of President Donald Trump.
But Thomas’s win served as yet another litmus test on the potency of progressivism in a deep-red state, just a week after democratic socialist Angie Nixon knocked trounced a moderate candidate in Florida’s Democratic Senate primary.
Thomas, unlike Nixon, is not a member of Democratic Socialists of America, but she has openly identified with socialist policies. The 31-year-old is a citizen of the Chickasaw Nation who says she represents “the next generation of leaders.” Among her priorities are women’s health and safety, civil rights and LGBTQIA+ protections.
During a debate this past Saturday, both Thomas and Priest described a “genocide” in Gaza. Priest linked the word to Israel, while Thomas connected it to the actions of Prime Minister Benjamin Netanyahu.
She emphasized that “we can be for our Jewish brothers and sisters, and we can be against Netanyahu and what he is doing.”
“He is committing genocide. He is absolutely murdering children,” Thomas said at the debate. “We have to stop providing funding for these wars.”
In her statement to JTA, Thomas expressed her commitment to a two-state solution, adding that “both Israelis and Palestinians deserve the opportunity to live in peace, security and self-determination.”
This article originally appeared on JTA.org.
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