Rav Sternbuch Change No You Can't

Rav Sternbuch's view on the fish worm issue

I received the following unofficial letter purporting to represent the view of Rav Sternbuch to the current fish worm question

First grade teacher suspected of abusing students

Mako

הותר לפרסום: גבר בן 33 מאלעד, מורה בבית ספר פרטי בעיר, נעצר בחשד לביצוע מעשים מגונים בקטינים, תלמידי כיתה א' אותם לימד. החשוד נעצר בשבוע שעבר והבוקר הוא יובא להארכת מעצרו בבית משפט השלום בפתח תקווה.

מעצרו של החשוד התאפשר בעקבות מספר תלונות של שישה הורים לתלמידים שהוגשו במשטרה. על פי החשד, נהג החשוד לגעת בתלמידיו באופן שיעורר בו גירוי מיני ולאחר מכן היה הולך למקום אחר כדי להגיע לסיפוקו, ושלא בנוכחות הקטינים.

במהלך השבוע האחרון תושאלו הקטינים על ידי חוקרים של משרד הרווחה והתבקשו למסור פרטים על המעשים. החשוד עצמו, ללא עבר פלילי קודם, הודה בחקירתו במיוחס לו ושיתף פעולה באופן מלא במהלך החקירה.

Police not trained to handle abuse cases

NYTimes

Responding to concerns that sexual assault complaints have been mishandled by the police in New York, a task force appointed by Police Commissioner Raymond W. Kelly has recommended new training protocols for officers dealing with sex crime victims.

The task force has called for a video to be shown to officers that emphasizes the Police Department’s policies mandating that crime reports be taken, and the procedures and sensitivity required in dealing with victims of sex crimes, said Paul J. Browne, the department’s chief spokesman.

The task force, which began its review in April, is also looking at specific cases to check if complaints were handled appropriately by the police. The task force is expected to meet with Mr. Kelly on Thursday to present its initial list of recommendations.[...]

Daniel in the lions' den draws fangs; Muslims deny flotilla lynch-mob- t...

Supreme Court:Miranda right to silence must be requested

NYTIMES

The Supreme Court ruled Tuesday that suspects must explicitly tell police they want to be silent to invoke Miranda protections during criminal interrogations, a decision one dissenting justice said turns defendants' rights ''upside down.''

A right to remain silent and a right to a lawyer are the first of the Miranda rights warnings, which police recite to suspects during arrests and interrogations. But the justices said in a 5-4 decision that suspects must tell police they are going to remain silent to stop an interrogation, just as they must tell police that they want a lawyer.

The ruling comes in a case where a suspect, Van Chester Thompkins, remained mostly silent for a three-hour police interrogation before implicating himself in a Jan. 10, 2000, murder in Southfield, Mich. He appealed his conviction, saying that he invoked his Miranda right to remain silent by remaining silent.[...]

Teacher falsely accused of molesting girl

Washington Post

A Fairfax County jury needed only 47 minutes Thursday to find a popular schoolteacher not guilty of molesting a 12-year-old girl in their school gym this year.

Sean Lanigan, 43, smiled and tears flowed among his dozens of supporters in the courtroom as the verdicts were read clearing Lanigan of charges of aggravated sexual battery and abduction. The case against him hinged on the testimony of two sixth-grade girls at Centre Ridge Elementary School in Centreville, who said Lanigan had scooped up one of the girls in the middle of the school gym, carried her into an equipment room, laid her down on a mat and massaged her shoulders, groping her in the process. [...]
================================
Rav Eliashiv(Kovetz Teshuvos 3:231): … Question: If someone is sexually abusing a boy a girl in circumstances which we don’t have the means to stop him from continuing his evil deeds – is it permissible to notify the government authorities? Answer: [Yes] … However, it is permitted to notify the government authorities only in the case which it is certain that the accused has been sexually abusing children. Informing the authorities in such a case is clearly something for the well being of the society (tikun olam). However in a case where there is no proof that this activity is happening but it is merely a conjecture or suspicion, if we permit the calling of the authorities - not only would it not be an improvement (tikun olam) - but it would destroy society. That is because it is possible that allegations are being made solely because of some bitterness the student has against his teacher or because of some unfounded fantasy. As a result of these false allegations the accused will be placed in a situation for which death is better than life – even though he is innocent. Therefore I do not see any justification for calling the authorities in such circumstances.

Egypt opens Gaza border after IDF raid on aid flotilla

Haaretz

Egypt opened its border with the Gaza Strip on Tuesday, letting Palestinians cross until further notice amid a storm of international criticism of Israel's blockade of the enclave, officials in Egypt and Gaza said.

The move, urged by the Palestinian Islamist movement Hamas against whom the embargo has been directed, prompted dozens of people to race to the crossing point in the southern Gaza Strip town of Rafah, though the gates appeared still to be closed.

It is the only point on Gaza's borders that is not fully controlled by Israel. Cairo, coordinating with Israel, has opened it only sparingly since Hamas Islamists, who are allied to Egypt's opposition, seized control of Gaza three years ago. [...]

Brutal ambush at sea by Gaza "peace activists"

YNET

Our Navy commandos fell right into the hands of the Gaza mission members. A few minutes before the takeover attempt aboard the Marmara got underway, the operation commander was told that 20 people were waiting on the deck where a helicopter was to deploy the first team of the elite Flotilla 13 unit. The original plan was to disembark on the top deck, and from there rush to the vessel’s bridge and order the Marmara’s captain to stop.

Officials estimated that passengers will show slight resistance, and possibly minor violence; for that reason, the operation’s commander decided to bring the helicopter directly above the top deck. The first rope that soldiers used in order to descend down to the ship was wrested away by activists, most of them Turks, and tied to an antenna with the hopes of bringing the chopper down. However, Flotilla 13 fighters decided to carry on.
Navy commandoes slid down to the vessel one by one, yet then the unexpected occurred: The passengers that awaited them on the deck pulled out bats, clubs, and slingshots with glass marbles, assaulting each soldier as he disembarked. The fighters were nabbed one by one and were beaten up badly, yet they attempted to fight back. [...] 

Guest Post by Bartley Kulp

Howard Beel said...
"True. I'm trying to understand how it is that attacking commandos end up the victims here. Ships at sea, international waters, helicopters dropping attackers/commandos/pirates on to the deck, and when those on deck take up arms to defend themselves, we call it an ambush or an attack and we're to sympathize with these poor IDF soldiers' who were attacked out of nowhere!
Sheer chutzpah and idiocy to paint the IDF as victims in this case."
-----------------------------------

The ignorance in this group is astounding. The sum total of every bodies knowledge here regarding international law seems to come from listening to Noam Chomsky (may his name be obliterated) lectures.

The San Remo Manual of 1994 regarding the usage of force on the seas clearly delineates the right of a sovereign nation to enforce a naval blockade on its enemy in order to prevent materials that would assist the enemy from getting through. It also specifically stipulates such actions on the high seas which means international waters.

Yes there are stipulations to ensure the right of delivery for humanitarian aid and equipment. Israel has always allowed the passage of such equipment to be transferred into Gaza after inspecting it. They also offered to assist in the delivery of the contents that the flotilla was carrying after inspecting it in Ashdod. That was not good enough for the activists who wanted have their pri madona photo opportunity.

That is just tough crap for them! There is no provision in international law to give them the legal right to break a blockade in order to make a pretentious moral point.

A far as the protecting themselves from pirates remark, They were warned before hand in accordance with international law about the blockade and that they could be boarded if they continued. The activists even acknowledged a few days beforehand that they were aware of the possibility of being boarded.

The next time that they pull that stunt, I think that the navy should cripple their boats rather than board them. Then they should call the Turkish navy and tell them to tow them away.

For information from the ICRC regarding armed conflicts at sea use this link

 http://www.icrc.org/ihl.nsf/385ec082b509e76c41256739003e636d/7694fe2016f347e1c125641f002d49ce

Gaza aid activists attack IDF soldiers

Jerusalem Post

The IDF released footage of the Monday raid on the "Free Gaza" flotilla, which depicted the activists upon the ship attacking soldiers with various weapons, including a large metal pole and other metal objects.

In the IDF takeover, at least 15 activists were killed and dozens were injured.

In a brief interview with the soldiers who were aboard the ships, one soldier said that the attack "looked like the Ramallah lynch."[...]

Memory manipulations Elizabeth Loftus

Slate

Elizabeth Loftus warmed to the idea of memory tampering for the best of reasons. She wanted to help people.

In her official career, as she described it in books, she studied the art of mental manipulation only to dissect, expose, and defeat it. Occasionally, she lent her psychological expertise to lawyers or advertisers for their self-interested purposes. But these purposes weren't hers, so she never turned them into a career.

To embrace memory tampering, she needed a purpose of her own. Something she could believe in and care about. Something that could put her skills to good use.

The story of how Loftus found that purpose—the story of her shadow career—began 30 years ago with a metaphor. "Imagine a world in which people could go to a special kind of psychologist or psychiatrist—a memory doctor—and have their memories modified," she mused in her 1980 book, Memory. This was no fantasy, she argued. The doctor was memory itself. "Every day, we do this to ourselves and others," she explained. "Our memories of past events change in helpful ways, leading us to be happier than we might otherwise be." Indeed, this was nature's design: [...]

Geirus Daas Torah against MK Amsalem

Rav Sternbuch: Holding on to Shavuos

Dina dmalhusa - viiolating laws of the land

Businesshalacha.com

Dina Dmalchusa Dina, the law of the land, has become a much-talked about topic of late. For painfully obvious reasons, people have been doing much soul searching as to their responsibilities’ with respect to the government. There is much to be said about the practical aspects of illegal behavior; we are all painfully aware of the severe consequences of breaking the law, and the tremendous Chillul Hashem it may cause. Nevertheless, these issues will not be the focus of this presentation. This article will explore the Halachic ramifications of civil law.

Throughout our collective history, there has often been a true conflict between Halachah and civil law. During the Spanish Inquisition, one could not be both a good Spanish citizen and an observant Jew. Under communist rule, one could not be a good Russian comrade while retaining his belief in Hashem. Many of our ancestors literally sacrificed their lives to keep Halachah in the face of religious discrimination from fanatical governments. Clearly, our behavior is guided by Halachah, and if a civil government outlaws Judaism, we would reject such discriminatory laws, and continue to engage in Torah and Mitzvos. This may lead a person to conclude that a Frum Jew need not be concerned about civil law, and can act as they please as long as they are not caught.

 

What may add to this misperception is the fact that there is no mention throughout the torah of any prohibition against money laundering, check kiting, speeding, or similar types of behavior. If it is not outlawed by the Torah, what could possibly be wrong with such behaviors? If our sense of values and justice is derived from Halachah, which is silent on these matters, why should we consider such behaviors unethical? The following will present a (brief) synopsis of some relevant Halachos.

 

There is a well known but little understood concept of Dina Dmalchusa Dina, the law of the land is law. This concept is accepted without question by all Halachic opinions. It states a simple Halachic fact. Torah recognizes the right of a sovereign government to create laws for its citizens, and such laws are Halachicaly binding. Dina Dmalchusa is not a Mitzvah per say; one does not fulfill any particular positive commandment when obeying civil laws. Nor does one violate any prohibition when one violates a law. Rather, it is a simple statement of Halachic fact, that a government’s civil laws are Halachically binding on its citizens. [...]