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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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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.

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.”
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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.”
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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.
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