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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 post Eli Rosenbaum takes skills honed Nazi-hunting to investigating war crimes in Ukraine appeared first on Jewish Telegraphic Agency.

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Jews cared more about Israel and antisemitism this election – but it didn’t change their votes much, exit poll shows

Jewish voters overwhelmingly backed Democrats in Tuesday’s midterm elections, even as concerns about Israel and antisemitism played a growing role in their political decisions, according to a new exit poll published on Thursday.

The GBAO Strategies survey of 800 Jewish voters found that 72% of Jewish respondents supported Democratic candidates for Congress, compared with 24% who voted Republican. The poll, sponsored by J Street, a progressive pro-Israel, pro-peace advocacy group, was conducted via text message from Oct. 28 to Nov. 3 and had a reported margin of error of plus or minus 3.5 percentage points.

The Democratic share was slightly lower than in previous midterm elections, when Democrats received 74% of the Jewish vote in 2022 and 76% in 2018. In the 2020 presidential election, 77% of Jewish voters backed Joe Biden, according to GBAO’s polling. These findings differ from a national NBC News exit poll, which found that 68% of Jewish voters supported Democrats this year and 31% backed Republicans, compared with 78% who voted for Kamala Harris in 2024. (The national surveys used different methods, making it harder to say how preferences actually changed.)

Jim Gerstein, GBAO’s pollster and a Democratic campaign consultant, cautioned against reading too much into the change over time. “You’d have to squint really hard to try and see that that is a shift or anything really meaningful,” Gerstein told the Forward during a press briefing. He noted that Republican support also fell, from 25% in the 2022 midterms to 24% this year. Gerstein suggested that strong opposition to President Donald Trump during his first term, including during the COVID-19 pandemic, may help explain the higher Democratic numbers in 2018 and 2020.

He also noted that campaigns and outside groups have spent significantly more money targeting Jewish voters in the past two election cycles. “These are really negligible, and we don’t look at this as much shifting,” he said.

Even as Democrats regained control of both chambers of Congress, Republicans did appear to make gains among Jewish voters in some closely watched races amid a divide over U.S. support for Israel. Several outspoken critics of Israel won seats in the House, including five members of the Democratic Socialists of America. Abdul El-Sayed of Michigan and Troy Jackson of Maine, two new senators who made criticism of Israel a major part of their campaigns, also won highly contested races.

The exit poll suggests that disagreements over Israel have not fundamentally changed how American Jews vote.

The future of American democracy remained the top concern for Jewish voters, with 44% naming it as one of the two most important issues influencing their vote, followed by 34% who said the cost of living was among their leading concerns. But Israel and antisemitism became more important than in previous elections. Twenty-one percent named antisemitism as one of their top two issues, up from 11% in 2024. Israel ranked sixth, cited by 14% of voters, compared with just 4% in 2022.

Compared to previous elections, Israel and antisemitism moved up the list of priorities  — 21% identified antisemitism as one of their top two issues, up from 11% in 2024. Israel was ranked six with 14%, compared with just 4% in 2022.

Gerstein argued that rising antisemitism and the debates over support for Israel serve as a basic test for candidates rather than the deciding factor in most elections. “I think we see candidates in both parties passing that threshold quite easily,” Gerstein said.

Asked which positions expressed by candidates during the campaign they agreed with most, 30% chose unconditional support for Israel, while 39% favored support tied to Israel’s compliance with American interests and values. Another 31%, including 60% of voters between the ages of 18 and 34, agreed with the statement that Israel has committed genocide and should no longer receive U.S. aid.

Orthodox voters, representing 9% of the sample, voted Republican by a 63-34 margin.

A Jewish split on Israel 

Congressman-elect Brad Lander on Nov. 3. Photo by Michael Nagle/Bloomberg

The survey also found a Jewish electorate that itself is becoming more divided over Israel.

Thirty-nine percent said their sympathies in the Israeli-Palestinian conflict were primarily with Israelis, compared with 23% who sided with Palestinians. Another 38% sided with both. Among younger Jews, 49% said they sympathized more with Palestinians, compared with 20% who sided with Israelis.

A majority — 51% — said it supported continuing $3.8 billion in annual U.S. military assistance to Israel, while 49% opposed it. However, 44% also said arms sales should be conditioned on compliance with U.S. law.

Jewish voters showed greater agreement on how criticism of Israel should be treated and whether Israel’s policies directly impact them.

Sixty percent said Jewish organizations that label harsh criticism of Israel as antisemitic are using concerns about antisemitism to defend unpopular Israeli policies. About two-thirds said AIPAC’s spending against candidates critical of Israel increases antisemitism in the United States, while 80% said Israel’s actions in Gaza and the West Bank contribute to antisemitism. An overwhelming majority of 76% support sanctions against violent Israeli settlers.

The survey also found that 39% of Jewish voters, including 63% of those under 35, said that spending by AIPAC to defeat Israel critics this election cycle made them less likely to support candidates backed by the pro-Israel group.

Mamdani scores high 

New York City Mayor Zohran Mamdani on Nov. 3. Photo by Angelina Katsanis/Bloomberg

One of the more striking findings was that New York City Mayor Zohran Mamdani was more popular among Jewish voters nationwide than Israeli Prime Minister Benjamin Netanyahu, despite his criticism of Israel and strained relationship with some Jewish organizations.

The poll found that 49% of respondents viewed Mamdani favorably, compared with 43% who viewed him unfavorably. Netanyahu received a favorable rating of just 20%, while 72% viewed him unfavorably. That marks a 12% decline in two years for the Israeli leader, who is struggling to form a government after the last Israeli election ended in deadlock.

In an interview with CNN Wednesday night, Mamdani pointed to his approach to governing as an example of how elected officials can represent Jewish voters even when they disagree with them on Israel.

“I represent the most Jewish city in the United States of America, and I know that there are some Jewish New Yorkers, for example, that may have a different set of opinions on Israel and Palestine as I do, and that doesn’t mean that I work any less hard to deliver for them across the board,” Mamdani said. “I think that’s the same truth for anyone who was elected last night.”

The post Jews cared more about Israel and antisemitism this election – but it didn’t change their votes much, exit poll shows appeared first on The Forward.

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Now that the election is over, can we stop dismissing everyone we disagree with by calling them ‘wrong’ or a ‘liar?’

I was walking to get a coffee on Election Day when a man screamed at me as he nearly ran me over with his bicycle. “Democratic Socialists aren’t Democrats!” he yelled.

After I regained my balance, I looked up. He turned back and called out to me a second time.

“It’s true, you know!” he said.

I scurried away. But his words  —  “true” and the assured “you know” — made me think about how language around American politics has come down to “truth” or “lies,” which leaves out a lot.

Maybe the simplicity of that thinking helped create a landslide.

Once it became clear that Democrats had triumphed, opinion writers frequently relied on the word “lie” to explain voters’ sudden seismic shift.

“Trump claims he kept more promises to American voters than he made. Like so many things he has said, that’s a lie, and voters punished him and his party for it,” Josh Barro wrote in The New York Times.

The problem with the theory that voters punished Trump for lying is that the man has been lying for decades, most famously about winning the 2020 election — which, of course, he lost.

He entered politics by lying about Barack Obama. So the real question is why Trump’s lies bothered people now.

Maybe a clue was in the language during the leadup to this election, and how it changed as the watershed results came in.

I don’t know about you, but I couldn’t help noticing that Israel was a hot topic that somehow disappeared on election night as journalists marveled that Mississippi was in play for a Senate seat while every kind of Democrat won — moderate, far-left, young, old.

But it didn’t seem that would happen a mere five days ago, in that other lifetime when former Speaker of the House Nancy Pelosi, during a discussion with podcaster Donny Deutsch, categorized debate over Israel as a fight between ‘right’ and ‘wrong.’

Back then, Michigan felt crucial, not one in a pile of Democratic wins. It was news that the elegant former speaker used the word ‘wrong.’

“When you say Israel doesn’t have the right to be a Jewish state, that’s antisemitic as far as I’m concerned,” Deutsch said, in reference to statements made by New York Mayor Zohran Mamdani and then-Michigan Senate candidate Abdul El-Sayed.

“It’s more than concerning,” Pelosi responded. “It’s wrong. It’s wrong. And it isn’t a reflection of the Democrats in the Congress of the United States.”

I flashed back to that one-syllable word — “wrong” — early Wednesday morning when, with El-Sayed’s victory, it seemed that, contrary to what Pelosi said, objecting to Israel’s existence as a Jewish state was apparently no longer viewed as categorically “wrong.”

Wrong vs. right

If objecting to Israel’s existence was “wrong,” then what was “right”?

Some Jewish politicians — like Michigan Attorney General Dana Nessel — told Jews to put their own concerns aside for the “needs of the world.”

“We have a moral imperative to place the needs of the world above even our own self-interest and, yes, even our own survival,” Nessel said, acknowledging that Jews faced a “stark choice” due to some of the comments made by Democrats.

After the election, anti-Israel commentators mocked Jewish politicians — and journalists.

Mehdi Hassan, founder of media company Zeteo, taunted Representatives Josh Gottheimer and Debbie Wasserman Schultz, along with CNN anchor Dana Bash, all Jewish. “He won,” Hasan said, calling El-Sayed a “left-wing Muslim anti-Zionist.”

“And so for all of you, I have two words — two words — cry more.”

The dismissiveness is the point

What got me about Hasan’s comments wasn’t just the hatred; it was the dismissiveness — as if all the existential worry within the Jewish community didn’t matter at all.

As if Nessel, who tried to find the “right” thing to do in a time when lies from the leader of the free world — not to mention violence against immigrants, humiliating comments toward and threats against brave Ukrainian leader Volodymyr Zelenskyy, and fleecing the United States in one of the biggest cons in history — meant asking her fellow Jewish Democrats who worried about Israel and attacks on their own local synagogues to ignore their own inner voice.

In its post-midterms statement, the Anti-Defamation League used the word “dismissed”  with regard to Jewish Americans’ concerns — on a night when some candidates proved that ignoring Jews’ worries is not a barrier to electoral victory.

“Antisemitic rhetoric and scapegoating fuels hatred and can lead to harassment, threats and violence. In too many places, Jewish Americans’ concerns about this were overshadowed by competing priorities or dismissed outright,” the statement read.

Hmmm, I thought thinking about what that bicyclist had yelled at me: “You know it’s true.”

But I can’t help thinking that I don’t know what’s true; none of us know yet why so many voters finally dumped Trump.

I do, however, think that the framing given by the bicyclist, so convinced he knew what was and wasn’t true, and the dismissiveness problem, are related. That’s because the easiest way to dismiss another person’s thought process is to say “that’s a lie.”

I don’t know what’s worse — to be called a liar, or to be ignored — but amid all the celebration, I fear many in the Jewish community may soon find out.

In the months ahead, I’ll be listening for dismissiveness. I’ll be watching the distance between truth, lies, right, wrong, and “cry more.”

And I’ll notice when anyone — whether they’re a screaming bicyclist, journalist, or a politician — tells me I should already know what the truth is.

The post Now that the election is over, can we stop dismissing everyone we disagree with by calling them ‘wrong’ or a ‘liar?’ appeared first on The Forward.

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I’m glad El-Sayed won – but I wish he’d lost

The election of Abdul El-Sayed is my least favorite dream to come true.

I’m glad he won the race for senator because, along with a clear majority of Americans, I believed it was time to elect a Congress and Senate that would serve as a check on the presidency and put forth policies to repair our struggling country.

If I lived in Michigan, I would have voted for him for that reason. But as Election Night wore on and it became clear Democrats and independents had won a comfortable majority in the Senate, I hoped El-Sayed would lose.

Judging by the post-election surveys, I’m not the only Jew who felt this way. El-Sayed won about 60% of the Jewish vote. But he ran about 20 points behind Jocelyn Benson, the Democratic candidate for governor, with those same voters.

They didn’t flee the Democratic party, but they did show less enthusiasm for El-Sayed. In my case it had nothing to do with the fearmongering over his religion or family. (The Republican Jewish Coalition called El-Sayed, “the most antisemitic U.S. Senate candidate in America.”).

My problem was that El-Sayed too often mirrored the toxic politics of his opponents. He aligned himself with Hasan Piker then offered tepid, tardy disavowals of the popular streamer’s extremism. I criticized President Donald Trump for doing the same with the Proud Boys, David Duke, QAnon and the Holocaust denier Nick Fuentes.

And, like Trump, El-Sayed lied, constantly telling Michiganders that their schools and hospitals were underfunded because the government sent the money to Israel instead. He’s a smart man who knows that aid money amounts to .05% of the federal budget, is mostly spent in America and is hardly the reason for underfunded education.

But he repeated the lie in his victory speech Tuesday night. “We want our taxes spent here,” he said, “for schools here, and healthcare here, and infrastructure here. We don’t want our money sent to do apartheid, or genocide, or war.”

Sound familiar? “This tsunami of Illegals has destroyed Americans’ Public Schools, Hospitals, Parks, Community Resources, and Living Conditions,” Trump wrote on Truth Social last year.

How is a Democratic candidate who scapegoats the Jewish state for the ills of Flint any different than a Republican who blames crime on Haitians, fraud on Somalis and bad schools on Mexican immigrants? Both invite hate and divert attention from real solutions. When El-Sayed points at Israel as the cause of Michigan’s problems, the blame falls on American Jews, Haile Soifer, chief executive of the Jewish Democratic Council of America, pointed out during the race.

The least surprising twist in the dramatic campaign was when Tucker Carlson endorsed El-Sayed — both men push a simple theory of who’s to blame for America’s ills.

But as much as I would have preferred to win without El-Sayed, his election is far from the nightmare many American Jews fear.

He is one senator out of 100, and one Democratic senator out of 54, or 56, depending on the Mississippi and Alaska races.

El-Sayed will soon learn that accomplishing the things that are most important to Democratic voters — universal health care, campaign finance reform and affordability — has nothing to do with Israel.

Trump, on Election Day morning, helped politicians in both parties by announcing an end to U.S. aid to Israel. It’s unclear how that putative end will look in fact, but what’s certain is that as the U.S. and Israel redefine their relationship, El-Sayed and others in both parties who have been fervent critics of that aid will have to say what they’re for, not just what they oppose.

In a pre-election interview with the New Yorker, and elsewhere since his victory, El-Sayed said he wants a process that offers peace and self-determination to Palestinians and the “Jewish Israeli people.”

That’s a promise that the 40% of Jewish voters who didn’t back him — and the majority who did — should hold him to, and work beside him to help make happen. The Jews who stuck with El-Sayed have especially earned that right.

“Political coalitions that grow and endure can only be built when we join with those with whom we have real – even profound – disagreements,” wrote Jeremy Ben-Ami, founder of the liberal Zionist lobby J Street, following the election.

On the campaign trail, El-Sayed’s anti-Israel rhetoric clearly resonated with some core constituencies. Inside the Senate, where moderate Democrats are a majority, El-Sayed will find a constituency for pragmatic steps to moving Israelis and Palestinians in that direction.

And that would indeed be a dream come true.

The post I’m glad El-Sayed won – but I wish he’d lost appeared first on The Forward.

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