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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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Capers Funnye wasn’t a ‘Black Jew’ — he was a good Jew
This morning, when I woke up, it was the first time in my entire life that my spiritual leader, my rabbi and my friend, was gone. People are born and die every day, and we live totally oblivious to that fact, but I feel the absence of this one human being almost on a cellular level. And the very person I would call to help me make sense of a time like this is the one who is gone.
Rabbi Capers Funnye wasn’t your typical rabbi. How could he be, though? After all, his congregation was full of Black folks and people of color. There were also some white congregants, but for the most part, his temple was a place created for people like me to have somewhere to go and practice Judaism freely without suspicion or judgment. Beth Shalom was established over one hundred years ago by Black Jews who knew at that time that they could actually be arrested here in America, in Chicago, for daring to say out loud that they were Jewish. I know that sounds unthinkable, but it’s a historical fact: It used to be illegal in Chicago for Blacks to claim that they were Jewish.
Rabbi Funnye dedicated his life to ensuring that Black Jews wouldn’t have their Jewishness questioned.
White Jews love to reminisce about the Civil Rights Movement and their close relationship to the Black community, and this coalition brought about monumental changes to American society. But those same white Jews who marched in Selma and rode buses to Mississippi had little to no interaction with Black Jews. We were nonexistent. A myth, if you will. Some people had heard that there were Black people who called themselves Jews, but no one had actually ever seen one or met one.
We were there, but just as other Jews had hidden before, we were hiding too. We worshipped in basements, living rooms, and the backs of storefronts. We were in the shadows until Rabbi Funnye came along. He was born to leave the world a better place than he found it, and that’s exactly what he did.
Rabbi Funnye was supposed to be an AME pastor, but the church didn’t need him. The synagogue, the Jewish people, did.
I used to joke with him that I’d known him so long I could remember when he had a full head of black hair. And I did. I can remember going to services and seeing him on the bimah on Shabbat. Even as a little kid, I recognized he was different. He had a voice that could command the attention even of a pew full of antsy five-year-olds. But he also had a smile so warm that we never felt scolded. When he spoke, people couldn’t help but listen, and eventually he started saying what people wanted and needed to hear.
I watched him rise from assistant rabbi to leader.He could teach Torah in a way that held the congregation’s interest, imparting important lessons while adding levity with razor-sharp wit and perfectly timed humor.
If I’d been born male, I probably would’ve wanted to be a rabbi my whole life. I wanted to be like him. But I was a girl, and that was unthinkable.
But he made me believe I could do things.
I can remember when he started to integrate the Chicago Jewish community. When we’d go to events like Shabbat dinners or Black and Jewish seders, he was unfazed by the whispers and stares when he’d ask where the tables were for those who were both Black and Jewish. While this made the rest of us uncomfortable and, for some, unwilling to ever go back into any room where we were treated as oddities, he was undeterred.
He went back, over and over again. He would not allow the existence of Black Jews to go unacknowledged any longer. And many of us went with him. I was one. I saw how he was treated at times by white rabbis and even just by people who were white and Jewish and still felt that somehow they were better than him. It would infuriate me, but not him. He’d smile, tell a joke or one of his signature stories that would completely disarm them.
And while the behavior of some of my white co-religionists would thoroughly anger me, Rabbi Funnye understood how to deal with bigotry and hate in other ways. He grew up in it. He knew how to rise above it. Another lesson learned. He never met hate with hate or derision with derision. He met it with love.
He knew that was the only way he could move us from the shadows and out of the margins, into the mainstream. And it was also the only way that he could show white Jews we were nothing to fear or exclude.
At times, his message wasn’t popular with Black Jews who wanted nothing to do with white Jews or with white Jews who weren’t ready to accept the fact that G-d made Black Jews too.
None of that changed the fact that it was the right one.
Chief Rabbi Funnye wasn’t a Black Jew. He was a good Jew. And that is the lesson that I, and hopefully all who knew him, will learn from his life.
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All Jewish eyes are on Michigan as heated El-Sayed-Rogers Senate campaign draws to a close
(JTA) — DETROIT – The U.S. Senate race in Michigan, a deeply contentious contest that has strained Jewish relationships with the Democratic Party, drew to a bitter close Tuesday as voters headed to the polls in a race that could shape which party controls the chamber.
At its center is Abdul El-Sayed, the former county health director and Democratic nominee whose anti-corporate, Medicare For All candidacy has become a rallying cry for the national progressive movement.
His uncompromising stances on Israel have also made him a target among pro-Israel groups, including AIPAC, which has spent heavily against him in both the primary and general election. AIPAC’s rare entry into a general election race came to support El-Sayed’s opponent, Republican former congressman Mike Rogers.
One of El-Sayed’s positions on Israel — to end all U.S. military aid — was once thought a far-left pipe dream. But that has changed. On Election Day morning, Trump announced that, under his watch, nearly $4 billion in annual U.S. military aid to Israel would wind down by the end of the year. Trump said Israeli Prime Minister Benjamin Netanyahu was in agreement with the need to end aid and deny Democratic critics a point of attack.
In his announcement of the plan, Trump cited El-Sayed.
“Why should we suffer the slings like lunatics like an El-Sayed when they don’t need it?” Trump said on Fox News, referring to Israel’s financial strength.
Representatives for the El-Sayed and Rogers campaigns, and for the Republican Jewish Coalition, did not immediately return requests for comment on Trump’s new pledge. It is unclear whether it will be straightforward for the White House to halt the funding by the end of 2026, given that the existing memorandum of understanding that governs it extends to 2028.
El-Sayed’s campaign has galvanized young voters and a range of other constituencies, and he pulled ahead in the polls in the race’s final stretch. But his questioning of Israel’s existence as a Jewish state and whether it or Iran posed a greater threat to the United States, as well as his prior associations with figures such as Hasan Piker, the streamer who has spread extreme rhetoric about American Jews, have sparked concern among Jewish Michiganders.
So, too, did comments the candidate made following the March terror attack on Temple Israel, a major synagogue in the state, in which El-Sayed appeared to link the attack to Israel’s war in Lebanon after reports that the attacker lost family in an Israeli strike. Hostile behavior from some of El-Sayed’s supporters toward pro-Israel Democrats, most prominently on display at the state party’s spring convention, have also alarmed Jews. El-Sayed has pledged to stand up to antisemitism.
Some Jews who had long considered themselves Democrats, including several local Jewish leaders, have cited such controversies in pledging to vote for Rogers. In some Michigan Jewish neighborhoods, yard signs proclaim that a vote for Rogers is a vote “against antisemitism.”
Accordingly, Rogers has made a play for the Jewish vote. He told the Jewish Telegraphic Agency in October that his opponent is “anti-Jew,” while running ads that played up El-Sayed’s tenuous family associations with the Muslim Brotherhood.
Top Republicans have seized on the narrative, with President Donald Trump calling Jews “crazy” if they back El-Sayed, and Texas Sen. Ted Cruz calling him a national security threat. A Trump administration event to address antisemitism was held at a Michigan synagogue weeks before the election, though El-Sayed’s name was not mentioned there.
Jewish Democrats who had broken with El-Sayed found major validation in the race’s dramatic closing days. Democrat Haley Stevens, a strongly pro-Israel congresswoman who had narrowly lost to El-Sayed in the primary, flipped sides to endorse Rogers days after her Jewish fiancé, a Democratic megadonor, did the same.
The surprise move, which Jewish Democratic leaders joined many other prominent Democrats in criticizing, came after days of back-and-forth between Stevens and El-Sayed as she sought to publicly pressure him to condemn a PAC ad that had linked rising grocery prices to U.S. aid to Israel.
Meanwhile, some prominent Jewish Democrats in the state either avoided endorsing El-Sayed or did so with heavy reservations. Michigan’s Jewish Democratic Caucus, whose leadership has been deeply divided on El-Sayed, issued a statement Monday declaring the caucus would never vote for a Republican.
“Our commitment to the Democratic ticket remains resolute as we work to build a more inclusive coalition,” the caucus stated.
Throughout the campaign, El-Sayed has sought to reassure Jewish voters. He apologized for his Temple Israel comments; distanced himself from Piker; hired a Jewish outreach director; said in a recent “60 Minutes” interview that Israel has a right to exist; and sent mailers to Jewish households stating, “I am committed to protecting all Michigan Jews against hatred and injustice.” He told JTA in August that “the prerequisite of Jewish safety is never in question to me.”
More than 1,000 Michigan Jews have signed an open letter pledging to vote for El-Sayed, compared to 560 who have done the same for Rogers. Progressive Jewish figures of note have held salons throughout the state in a bid to convince on-the-fence Jews to back him.
Yet El-Sayed also has continued to stake out positions many Jews find alienating. He asserted in the campaign’s closing weeks that Israel was “not actually our friend” and declined during a debate to say whether Israel or Iran was the bigger danger to the U.S. His campaign also released an ad, designed to appeal to conservatives, that featured a brief clip of Tucker Carlson, the right-wing pundit who has promoted conspiracy theories about Israel. In addition, El-Sayed’s careful sidestepping of objectionable material about Jews and Israel from his ostensible allies, such as Piker and his uncle, left-wing anti-Israel pundit Cenk Uygur, has continued up to Election Day.
Ahead of Election Day, some liberal-leaning Zionist Jews tried to put pressure on El-Sayed to speak more directly to their concerns. A group of rabbis and other Jewish leaders launched Nonnegotiable Michigan in a bid to have him affirm what they called five core principles of Jewish participation in the Democratic Party, including “Jewish sovereignty in Israel.” After silence from the campaign, some of Nonnegotiable’s figureheads urged their followers to write in the 19th-century Jewish poet “Emma Lazarus” instead of voting for either candidate.
Michigan’s already small Jewish population, which numbers around 105,000 adults, has further splintered over El-Sayed’s candidacy. But it could prove pivotal to the outcome of a race that may determine control of the chamber. In 2024, the state’s Senate race was decided by fewer than 20,000 votes.
Either way, the race has crystallized the Democratic Party’s shifting fault lines over Israel — and many Jews’ growing uneasiness with their place in the liberal coalition.
This article originally appeared on JTA.org.
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Trump says US aid to Israel will stop at end of year
(JTA) — President Donald Trump on Tuesday morning said that the United States would halt billions of dollars in annual aid to Israel by the end of 2026, potentially ending decades of military support for one of America’s closest allies in the Middle East.
“We were giving them $4 billion. We are. But it gets cut off at the end of the year,” Trump declared during a call-in appearance on the “Fox & Friends” morning program on Fox News. Israel’s 10-year memorandum of understanding with the United States, which currently gives Israel $3.8 billion annually, runs through 2028 so it’s unclear how easy it would be for the White House to stop the funding this year.
Referencing Israeli Prime Minister Benjamin Netanyahu’s statement in January that he wanted to taper off aid to zero at some point in the future, Trump questioned why Republicans should have to deal with criticism from hardline pro-Palestinian Democrats like Michigan Democratic Senate candidate Abdul El-Sayed when “we give them more than anybody else and they no longer need it.”
“It’s a bad talking point,” he added. His comments came as Americans across the country are voting Tuesday in midterm elections that will determine control of the U.S. House and Senate.
“We reached an agreement on that” and Netanyahu “brought it up,” Trump continued. “He said: ‘I think it would be appropriate if we do not receive aid,’ because he understands that this is one of their points of contention.”
A growing number of Democratic congressional candidates across the United States have campaigned on a platform of reducing or halting military aid to Israel during the run-up to today’s midterm elections. This April, dozens of senators — almost all of them Democrats — voted in favor of a failed motion to block the sales of certain weapons to Israel.
Yair Golan, chairman of Israel’s liberal Democrats party, slammed Netanyahu in the wake of Trump’s statement, tweeting that “precisely at a time when Israel’s defense spending has reached enormous proportions, when Israel needs to replenish its offensive weapons stockpiles, and after air defense capabilities have been depleted following such a long war—Netanyahu logs another massive failure under his name.”
“The cessation of U.S. aid is heavy damage to Israel’s security” and “a responsible prime minister would have fought to increase American aid, not eliminate it,” added Golan, whose party opposes Netanyahu’s and is trying to form a coalition to oust Netanyahu from power following Israel’s own elections last Tuesday.
This article originally appeared on JTA.org.
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