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Orthodox Jewish groups have been quiet about ICE. This Minneapolis rabbi wasn’t.

When the heads of major Jewish denominations co-signed a letter last week criticizing “in the strongest possible terms” the conduct of Immigration and Customs Enforcement in Minneapolis, Orthodox Judaism was conspicuously absent. Neither the Orthodox Union nor Agudath Israel of America — the two leading Orthodox umbrella organizations — has commented on the mass deployment of ICE and Border Patrol officers to the city.

There’s a reason Orthodox leaders might be choosing their words carefully — condemning ICE would put them at odds with not only a sizable chunk of their membership. Unlike members of the Reform, Conservative and Reconstructionist movements, Orthodox Jews — who represent about a tenth of the American Jewish population — lean heavily conservative, with about three-quarters supporting President Donald Trump in the 2024 election. (The Orthodox Union and Agudath Israel did not respond to separate inquiries.)

There was, however, at least one Orthodox rabbi willing to criticize ICE in public. Rabbi Max Davis, who leads the Minneapolis synagogue Darchei Noam Congregation, was one of 49 Jewish leaders to sign a Jan. 16 letter from the Minnesota Rabbinical Association, which said ICE was “wreaking havoc across our state” and which resolved to “bear witness and make a difference.”

I called Davis to learn more about why he signed and what he’s seeing on the ground. He also spoke about congregants who have been pepper sprayed or arrested at protests, how he approaches politics at the pulpit of an Orthodox shul, why he rejects the Holocaust comparisons some are making and how he’s tried to make a difference.

Rabbi Max Davis Courtesy of Darchei Noam Congregation

The interview below has been edited for length and clarity.

The Forward: Why did you sign this letter?

Rabbi Max Davis: It felt like a very reasonable, very carefully thought out response to the present situation. I know that there are many within the shul who are looking for some leadership in this moment, and signing was a drop in the bucket compared to what some people are doing.

By the same token, I know that there are other perspectives within my own shul and certainly within the broader Orthodox community, and I strongly believe that it’s not the role of a rabbi to police his congregants’ politics. In our shul, we learn from and respect each other, and there’s an incredible amount of wisdom and life experience beyond my own. So I signed with caution, but with quite a feeling of disappointment and anger in the events unfolding downtown, and the loss of life in particular.

I’m probably the only Orthodox rabbi in the Minnesota Rabbinical Association, and there have been statements issued that I have not signed. But this one was an opportunity I was not going to miss.

What’s been the reaction at Darchei Noam to your signing the letter?

I got several yasher koachs (plaudits) privately. Those who may disagree, I think were and are being polite. There’s definitely been some pushback about politics entering our shul. But I haven’t heard much about the letter specifically. I don’t think anyone was terribly surprised that I signed it.

More broadly, what are things like in your community right now?

Within our kehilla (congregation), there’s a diversity of opinion. But mostly what I’m hearing is deep sorrow and frustration and anger and pain — particularly from those who watch the videos, who are acquainted with individuals suffering directly from the ongoing operations, or who have watched what the operations have been doing to our city and to our community.

Have you seen what’s happening firsthand?

There’s someone in our extended community who just got out of jail and called me about 10 minutes ago to give me a heads up. We have a couple of people in the community who have been pepper sprayed. We have people in the community who have been very active in supply drives and driving children to school because their parents are afraid to come out.

Instead of buying stuff at the sort of generic supermarket I thought I might as well make the money count where people are hurting the most. So I went a couple weeks ago to try and pick up some kiddush supplies down at one of the large Latino markets that I know has taken quite a hit. I was pretty much the only customer. It was a very sad place.

So in those regards, I’ve seen what’s going on. I was down at the march last Erev Shabbos (Jan. 16). It was minus-10 degrees. There were 50,000 people out there in the streets and thousands more in the skyways and in the buildings that we could see. You see banners and signs hanging onto highways. You see people clustered at intersections with signs and upside-down American flags. There’s a tremendous amount of anger out there.

Protesters gather near where Alex Pretti was shot dead by federal immigration agents on Jan. 24. It was the second fatal shooting of a civilian in the city, sparking fresh protests and outrage from state officials. Photo by Roberto Schmidt / AFP via Getty Images

What’s it like to be living through that?

It’s heartening and it’s disheartening. It’s disheartening that it feels necessary; it’s heartening to see community coming together. It’s disheartening to see signs comparing the federal government and ICE to Nazi Germany; I find that, as a Jew, deeply offensive and ignorant. And by the same token, I find all of the messages around community and common decency to be a beautiful sight.

It’s not to say that I have any solutions to the more fundamental politics. I’m not saying that the country doesn’t have an immigration problem. But I do know that you can’t watch the video of Alex Pretti, the ICU nurse from the VA hospital, you can’t watch the video of Renee Good in her car and how that unfolded — shootings on streets and in neighborhoods that I know — you can’t watch that and not be highly disturbed and moved.

Have you addressed this moment at all from the pulpit?

I have definitely mentioned it in a couple of drashos (sermons). A couple of weeks ago, I spoke about ignoring the broader humanity and the plight of our neighbors at our own moral peril. Nechama Leibowitz sees a progression in Moshe’s interventions, first on behalf of another Jew against the Egyptian, then for a Jew against another Jew, and finally, with the daughters of Yitro at the well, between two non-Jewish parties. It was a good base for talking about doing what we can, when we can, to be an ohr l’goyim (a light unto the nations). I don’t think I said the word “ICE,” but there was no mistake about the subject matter — I think Renee Good had been shot like two days earlier.

With drashos, I’ve tried to be a little bit more tempered and restrained, because I think a lot of people come to hear Torah and inspiration and political issues are risky business. I’m also careful because I don’t want to ruin people’s Shabbos in other ways. Everyone has so much of this all week long, and I know some people look forward to Shabbos just to take a break. I’ve been told by some people that I’ve been too pareve, and by others that it’s been too much. So maybe I’m succeeding or failing everybody at the same time.

People protest against ICE after the fatal shooting of Renee Good in downtown Minneapolis, Minnesota on Jan. 10. Photo by Charly Triballeau / AFP via Getty Images

You mentioned the Nazi comparisons. Why do you take offense to those in this context?

That was industrialized murder, and concentration camps — there’s not a word to describe the evil of what that was. That was just exponentially more horrific. And it disturbs me to no end — although I am not surprised to see people make this comparison and I get where they’re coming from — how lightly the Holocaust and the evils of Nazi Germany seem to be treated when people want to trot out a paradigm of evil.

Why did it feel important to you to patronize the Latino grocery store?

I feel for these communities, where these are honest, legitimate, hard working businesses, and they watch their customer base all but dry up — that includes people who are here legally, employees who are here legally. But there are so many stories of individuals who are being racially profiled or being picked up by mistake.

I was very angry about the story of a Laotian man who, in front of his family and children, was pulled out of the shower into 10-degree weather and bundled off into an ICE vehicle and driven around for an hour before they figured out that he was here legally and had no criminal record. He was let go without so much as an apology. He’s got a wife and small children — and I’ve got a wife and kids, you know? This kind of thing is absolutely unacceptable. And unfortunately, it doesn’t seem like that was such an outlier case. And that’s not an America that I believe in.

The post Orthodox Jewish groups have been quiet about ICE. This Minneapolis rabbi wasn’t. appeared first on The Forward.

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Debating Zionism is good for Jews, actually

A group of Jewish Theological Seminary students were furious with the chancellor’s position on Jewish statehood. In protest, they draped flags around campus before graduation, which the administration removed before the ceremony.

The year was 1948. The flags were Israeli. And the dissenting students were protesting Chancellor Louis Finkelstein’s refusal to make support for Jewish statehood part of academic commencement. Some students even arranged for the bells at nearby Union Theological Seminary to play “Hatikvah,” the Israeli national anthem, after JTS officials declined to include it in commencement.

As a historian of American Zionism, I have been thinking about that episode while reading the many vitriolic reactions to a few JTS undergraduates who spoke out in opposition to the seminary’s decision to welcome Israeli President Isaac Herzog as this year’s graduation speaker. Once again, a JTS commencement has become a battleground over Israel, but the sides are now reversed.

Reasonable people can disagree about whether this was the right moment to extend an invitation to Herzog to speak at commencement. What deserves attention is the outraged reaction to a group of students raising objections, and the speed with which those students’ concerns have been cast as a deviation from the historical contours of mainstream American Jewish politics.

A recent Times of Israel blog post, for example, argued that the mere fact that JTS students raised concerns about Herzog was a rupture with Judaism. “Jewish survival without sovereignty is fragile,” wrote the author, Menachem Creditor, adding that “the founders of JTS did not need to debate the necessity of Jewish self-determination,” and that Herzog “represents the state of Israel and the Jewish people.”

These claims erase JTS’s long and sophisticated engagement with Jewish nationalism and the conception of Jewish peoplehood. Reading American Zionism backward risks collapsing peoplehood and statehood, and creating traditions to ratify present assumptions out of a past that never existed.

The relationship between Zionism and JTS was nuanced from the start. Both founding president Sabato Morais and the seminary’s third chancellor, Cyrus Adler, opposed Zionism on religious grounds. Morais believed the restoration of Jewish sovereignty could only come through divine intervention at the dawn of a messianic era. Adler thought of the growth of a non-religious community in the land of Israel “as the greatest misfortune that has happened to the Jews in modern times.”

Solomon Schechter, as chancellor, brought a measure of support for the Zionist movement to JTS; shaped by the cultural Zionism of Ahad Ha-am, Schechter insisted that Zionism transcended statehood. Its primary aim, he argued, was the national regeneration of global Judaism, not the creation of a secular state that would hollow out Jewish life from within.

And the controversies over the 1948 graduation exercises revealed how far Louis Finkelstein stood from political Zionism, even after the establishment of Israel. Where some Zionists celebrated sovereignty, Finkelstein remained focused on the Jewish character of the land and its people. That orientation drew him toward Judah Magnes’s binational vision — that of a federated framework in which Jews and Arabs would each hold recognized rights and a measure of national autonomy within a single shared political entity.

This reticence to conflate Judaism, Zionism and Jewish sovereignty was not limited to the seminary’s chancellors.

Henrietta Szold, JTS’s first female student, a central figure in its intellectual orbit, and the founder of Hadassah, similarly supported a binational vision from her new home in Jerusalem. Mordecai Kaplan — a longtime JTS faculty member, committed Zionist, and one of the most influential American Jewish thinkers of the 20th century — expressed concern throughout his career about the mistake of equating Jewish nationhood with Jewish statehood. In Judaism as a Civilization, he called for a “more ethical conception of nationhood fundamentally as a cultural rather than as a political relationship.”

After Israel’s founding, Kaplan went further, arguing to David Ben-Gurion in 1958 that “the basic assumption that the state of Israel is a Jewish state is itself open to question.” The Israeli government’s task, he insisted, was to establish “a modern state, not a Jewish state, an Israeli state, not a Jewish state.”

These questions did not disappear even as JTS evolved under new leadership.

Gerson Cohen, whose chancellorship beginning in 1972 marked a shift toward a more pro-statist posture, embraced the state’s significance for Jewish life and identity in ways his predecessors had not. Yet even Cohen insisted that commitment to Judaism must rest “not on political statehood or upon geography but solely on the idea of covenant and commitment to ethos.” He argued that a flourishing diaspora was a necessity for Jewish civilization as a whole, not adjunct to Israeli interests.

His successor, Chancellor Emeritus Ismar Schorsch, was more direct, saying in a recent warning that Jews must ensure that “Judaism qua religion is not submerged and shredded by the power of the Jewish state.”

One can disagree with any of these perspectives. In fact, the disagreement itself is the point.

The leaders who built JTS debated Jewish self-determination, Zionism and statehood while living through the Holocaust, the collapse of European Jewish life, existential danger in Palestine, and the precarious birth of the state of Israel. They were not naïve about antisemitism, indifferent to Jewish survival, or ignorant of Jewish sources. Nor were they unsophisticated about Zionism.

Instead, they offered a more demanding account of Zionism: one that affirmed a Jewish homeland and insisted that Jewish power remain answerable to Jewish ethics, all without diminishing Jewish life in the diaspora.

This is precisely the perspective that has been crowded out of our contemporary discourse, not because these questions were answered, but because the space to ask them has collapsed. As the boundaries of acceptable Zionist discourse have narrowed, issues that arose from within Zionism itself — the potential dangers of equating the Israeli state with the Jewish people, the risks of elevating political statehood above other ethical and communal commitments, and the need to have diaspora Jewish life be seen as carrying independent religious and moral weight — have come to be treated as anti-Zionist rather than part of a living internal debate.

The furor over the JTS undergraduates’ letter objecting to Herzog is a troubling sign that, across American Jewish life, it has become harder to think honestly about the risks of treating support for the state of Israel not merely as a Jewish commitment, but as one that takes precedence over other all other Jewish commitments. When the past is rewritten so that the equation of peoplehood and statehood appears inevitable, American Jews are left with a false choice: either embrace the state as an unquestioned and unquestionable expression of Jewish identity, or abandon Jewish life altogether.

JTS has offered its students a richer education because, in its halls, the relationship between the Jewish people and the Jewish state has been debated and contested. That discourse is not a failure of Jewish commitment, but an expression of it. The sustained engagement with the hardest questions of Zionism is one of the best things JTS has given American Jewish life, and one of the most important gifts it still has to offer.

The post Debating Zionism is good for Jews, actually appeared first on The Forward.

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ICC Prosecutor Karim Khan Sidesteps ‘Genocide’ Accusations Against Israel

International Criminal Court Prosecutor Karim Khan speaks during an interview with Reuters in The Hague, Netherlands, Feb. 12, 2024. Photo: REUTERS/Piroschka van de Wouw

Karim Khan, the embattled chief prosecutor of the International Criminal Court (ICC), has cast fresh doubt on accusations that Israel committed “genocide” in Gaza, arguing in a new interview that no legal conclusion has yet been reached in the ongoing legal battle. 

In a lengthy interview with anti-Israel journalist Medhi Hasan this week, Khan refused to engage in the popularized rhetoric labeling Israel’s military campaign against Hamas terrorists in Gaza as genocidal, even as pressure mounts on the ICC by activists to pursue more sweeping charges against Israeli officials.

When asked directly whether Israel’s conduct amounted to genocide, Khan emphasized the need for sufficient evidence to level charges against Israeli officials and that prosecutors must follow evidence and legal standards rather than political narratives.

“So, you’re not ruling out that there could be a warrant in the future?” Hasan asked. 

“Everything is a function of evidence,” Khan responded, arguing that accusing Israel of genocide for political purposes would be “reckless.” 

“You’re saying in the past three years there hasn’t been evidence of genocide in Gaza?” Hasan asked, visibly flummoxed.

Khan lamented the “suffering” in Gaza but reaffirmed that the ICC could not proceed in making final judgements about the nature of Israel’s military operations in Gaza without sufficient evidence. He asserted that officials within the ICC are vigorously analyzing the case and that he cannot reveal more about the nature of the investigation.

“So, genocide is not off limits?” Hasan pressed.

“No crime is off limits if the evidence is there,” Khan responded.

Khan has come under fire for making his initial surprise demand for arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former defense minister, Yoav Gallant, on the same day in May 2024 that he suddenly canceled a long-planned visit to both Gaza and Israel to collect evidence of alleged war crimes. The last-second cancellation reportedly infuriated US and British leaders, as the trip would have offered Israeli leaders a first opportunity to present their position and outline any action they were taking to respond to the war crime allegations.

Nonetheless, Khan’s latest remarks are likely to reverberate through international legal and diplomatic circles, where the genocide accusation has become one of the most contentious aspects of the war between Israel and Hamas. Over the past two years, an array of humanitarian organizations and human rights experts have accused Israel of “genocide” in Gaza. These accusations have been controversial and widely contested, with critics alleging these groups and individuals lack sufficient evidence. 

Khan’s comments come as the ICC faces intense scrutiny over its investigation into the conflict. In November, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, his former defense minister, Yoav Gallant, and now-deceased Hamas terror leader Ibrahim al-Masri (better known as Mohammed Deif) for alleged war crimes and crimes against humanity in the Gaza conflict. The ICC said there were reasonable grounds to believe Netanyahu and Gallant were criminally responsible for starvation in Gaza and the persecution of Palestinians — charges vehemently denied by Israel, which has provided significant humanitarian aid into the war-torn enclave throughout the war.

US and Israeli officials issued blistering condemnations of the ICC move, decrying the court for drawing a moral equivalence between Israel’s democratically elected leaders and the heads of Hamas, the Palestinian terrorist group that launched the war in Gaza with its massacre across southern Israel on Oct. 7, 2023.

Israel says it has gone to unprecedented lengths to try and avoid civilian casualties, noting its efforts to evacuate areas before it targets them and to warn residents of impending military operations with leaflets, text messages, and other forms of communication.

Another challenge for Israel is Hamas’s widely recognized military strategy of embedding its terrorists within Gaza’s civilian population and commandeering civilian facilities like hospitals, schools, and mosques to run operations and direct attacks.

The ICC has no jurisdiction over Israel as it is not a signatory to the Rome Statute, which established the court. Other countries including the US have similarly not signed the ICC charter. However, the ICC has asserted jurisdiction by accepting “Palestine” as a signatory in 2015, despite no such state being recognized under international law.

Genocide is among the most difficult crimes to prove under international law because prosecutors must establish specific intent to destroy, in whole or in part, a national, ethnic, racial or religious group.

Hasan, one of the most prominent anti-Israel critics in media, has spent the past two years unleashing an unrelenting barrage of criticism against the Jewish state, repeatedly accusing the Israeli military of pursuing a “genocide” in Gaza. 

In the interview, Khan also forcefully denied allegations of sexual misconduct that have engulfed his office in recent months, accusing critics of politicizing the claims amid the ICC’s high-profile investigations into Israel, Russia, and other global conflicts. He dismissed suggestions that his pursuit of Israeli leaders was intended to distract from the allegations against him, saying that he did not have evidence to substantiate the claim. 

Khan further alleged that senior Western officials attempted to pressure the ICC over its investigation, including what he described as warnings from prominent American and British political figures about the geopolitical consequences of targeting Israeli officials.

The ICC’s investigation has placed the court at the center of an increasingly bitter international divide over the Gaza war. Khan’s comments won’t settle the debate, but the ICC prosecutor appeared to signal a more cautious legal approach than some of Israel’s fiercest critics have demanded.

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UK Police Charge Two Men in Connection with Filming Antisemitic TikTok Videos

The TikTok logo is pictured outside the company’s US head office in Culver City, California, US, Sep. 15, 2020. Photo: REUTERS

British police have charged two men with religiously aggravated harassment offenses after they were alleged to have traveled to a Jewish area of north London to film antisemitic social media videos.

The two men, Adam Bedoui, 20, and Abdelkader Amir Bousloub, 21, are due to appear at Thames Magistrates’ Court, a statement from the Crown Prosecution Service said on Saturday.

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