Wednesday, May 17, 2023

Even Steve Bannon Blasts ‘Clown Show’ John Durham’s ‘Epic Failure’

 https://www.thedailybeast.com/even-steve-bannon-blasts-clown-show-john-durhams-epic-failure

Former Trump chief strategist Steve Bannon tore into Special Counsel John Durham on Tuesday over his failure to secure any major criminal convictions during his four-year probe of the FBI’s Russia investigation, describing Durham’s final report as an “epic failure.”

World Leaders Consider Trump a 'Laughing Fool,' Says John Bolton

 https://www.newsweek.com/world-leaders-trump-fool-bolton-1800730

During Wednesday's CNN town hall, Trump said that the war in Ukraine wouldn't have happened if he was president when it began in February 2022. Trump wouldn't say who he wanted to win the war before stating that he could end the conflict in 24 hours. When moderator Kaitlan Collins pressed him on how he would resolve the conflict so quickly, Trump said he would find a solution by meeting with Putin and Ukrainian Volodymyr Zelensky.

"I have been in those rooms with [Trump] when he met with those leaders, I believe they think he's a laughing fool," Bolton said on CNN This Morning. "And the idea that somehow his presence in office would have deterred Putin is flatly wrong."

Celebrating the Siyum on Sotah: Managing Brain Dead Patients by Rabbi Shalom C. Spira

 Shulchan Arukh Orach Chaim 328:2 rules that one who delays in treating a dangerously ill patient on the Sabbath is virtually considered to be shedding blood. Mishnah Berurahse'if katan 6, adds that  for this reason  a talmid chakham must proactively publicize the laws of piku'ach nefesh, so that the community will respond with alacrity on the Sabbath when a lifesaving opportunity arises. Accordingly, I will take this opportunity to argue in favour of medically treating brain dead patients on the Sabbath, and show how this question interfaces with Sotah, whose siyum is being celebrated today in the Daf Yomi. 

      The halakhic sources which include a brain dead patient within the ambit of safek piku'ach nefesh [such that his/her medical treatment necessarily overrides the Sabbath] are elucidated in my online essay at <https://www.scribd.com/document/375175373/Halakhic-Bioethic> . However, in a recent addition to its website, the Rabbinical Council of America  through its affiliate organization Ematai  counter-claims that everyone should agree that medically treating the brain dead patient represents an act of "futility." [See <https://www.ematai.org/learn/organ-donation/time-of-death-and-posthumous-organ-donation/>, section entitled "Orthodox Jewish approaches to respiratory-brain death," italicized note after paragraph 2.] Presumably, then, the RCA would forbid doing any melakhah on the Sabbath on behalf of a brain dead patient. 

      Apparently, one of the sources for the RCA's conclusion is R. Hershel Schachter, Be-Ikvei ha-Tzon, no. 36. [I hypothesize so because another page on the Ematai website acknowledges that Rabbi Schachter reviewed the text of that organization's policy. See endnote to <https://www.ematai.org/learn/end-of-life-care/jewish-principles-end-of-life-care/>]. While Rabbi Schachter considers a brain dead patient to be doubtfully alive [such that he forbids harvesting organs], he interprets the Gemara, Sotah 46b [regarding the senior citizens of Luz – a city which was immune from the Angel of Death – leaving the urban precincts when those residents became tired of life] as grounds to engage in passive euthanasia. Namely, Rabbi Schachter believes that  like the golden agers of Luz  no brain dead patient would relish continuing to exist in a comatose state, and so it is appropriate to passively withdraw medical care. 

      However, I can respond to Rabbi Schachter (be-mechilat Kevod Torato) by pointing to R. Eliezer Yehudah Waldenberg, Teshuvot Tzitz Eliezer 18:48, sec. 3, who raises three alternate possibilities how to interpret Sotah 46b: (1) perhaps the senior residents of Luz did not voluntarily leave the city, but were rather miraculously expelled [analogous to the residents of Kushta described in Sanhedrin 97a]; (2) perhaps Luz was not a real city but was rather a metaphysical concept; (3) perhaps the residents of Luz were not Jewish and were not following Halakhah. According to any of these three possibilities, there could still be a mitzvah of safek piku'ach nefesh to treat brain dead patients. 

      To the latter effect, it is important to appreciate the full context of Sotah 46b. The Gemara is reporting that the Angel of Death was denied entry into Luz in reward for the mitzvah of levayah [accompanying strangers on the road] that was fulfilled by the founder of that locale. And the reason this is being discussed in the context of eglah arufah [the subject of the final chapter of Sotah] is because the Mishnah on the previous page (Sotah 45b) declares that if the elders of a city [who are obligated to bring an eglah arufah] would have failed to provide levayah, then those elders would be virtually guilty of bloodshed. R. Shlomo Yosef Zevin, Ha-Mo'adim ba-Halakhah, chapter on Aseret ha-Dibberot, envisages this Mishnah as a source for the principle that even passive euthanasia constitutes murder. [While not mentioned by Rabbi Zevin, this would then serve as a support for the aforementioned Shulchan Arukh Orach Chaim 328:2, as well as a parallel codification in Shulchan Arukh Yoreh De‘ah 336:1.] Arguably, then, the Mishnah in Sotah 45b actually teaches that we may not practice passive euthanasia on any patient, brain dead or otherwise. 

      R. Moshe Feinstein, while never invoking Sotah 46b by explicit reference, writes as follows in Iggerot Mosheh, Choshen Mishpat 2:75, sec. 7:  

 

 

 

"Regarding an exceedingly senior patient who becomes ill, for sure we are           obligated to heal him as much as is possible, just as with a juvenile patient.            And [this holds true] even if the senior patient does not want, saying he is             disgusted with his life. And it is forbidden to even raise as a consideration             these matters, even if its exponent is a great physician. And even with respect          to triage priority, it is logical to assume that one should not calculate this." 



 

      Seemingly, Rabbi Feinstein [or whoever wrote this responsum on his behalf, given the outstanding debate that surrounds the provenance of that seventh volume of Iggerot Mosheh with his comment about "senior disgust for life" co-existing in harmony with the mitzvah obligation of piku'ach nefesh – interprets Sotah 46b like Tzitz Eliezer. 

      Thus, it is not surprising that R. J. David Bleich [Bioethical Dilemmas, Vol. 1, chs. 3-4; Be-Netivot ha-Halakhah, Vol. 3, pp. 161-178] does indeed demand medically treating a brain dead patient at all times, including on the Sabbath, in order to comply with Leviticus 19:16. To that effect, at a 2021 conference of Agudath Israel of America [in a rare speech by a lady], Mrs. Leah Horowitz (care navigator for the Chayim Aruchim affiliate of AIA) describes how – when a patient is pronounced brain dead and the attending medical staff wishes to terminate treatment – she will work urgently to find another hospital to which the brain dead patient can be transferred for medical care [on the Sabbath no less so than on weekdays]. The latter speech is available online at <https://agudah.org/watch-agudah-convention-2021-the-murder-of-alta-fixsler-coming-to-the-u-s/>, commencing at 32:40 into the recording. 

      Let us hope that this halakhic dialectic  which underscores the preciousness of human life [as per the Mishnah, Avot 3:14]  will be noticed by Russian President Putin [whom I have already addressed at <http://daattorah.blogspot.com/2023/03/an-appeal-to-president-vladimir-putin.html>], and he will appreciate the moral benefit of withdrawing his army from Ukraine, so that world Jewry can embark upon the next tractate of Daf Yomi in an atmosphere of tranquility. 



Rabbi Spira works as the Editor of Manuscripts and Grants at the Lady Davis Institute for Medical Research [a Pavillion of the Jewish General Hospital] in Montreal, Canada.        

Tuesday, May 16, 2023

John Durham is wrong’: McCabe responds to FBI-Russia report

John Durham Owes the American People an Apology for Wasting Their Money

 https://www.thedailybeast.com/john-durham-owes-the-american-people-an-apology-for-wasting-their-money?ref=home?ref=home

What Durham did do was aid and abet the killing of a lot of trees by producing a 300-plus page report that reads like a plagiarized version of the 2019 report by the Justice Department’s Office of Inspector General, in which Inspector General Michael Horowitz concluded that the FBI properly opened the Russia probe—code-named Crossfire Hurricane—and found no evidence of political bias by the FBI. The OIG’s report contained a meticulous analysis of the Russia probe and offered criticisms of the FBI’s then process for utilizing FISA, the Foreign Intelligence Surveillance Act, warrants that resulted in reforms undertaken by the FBI.

Confronting the Unknown: How to Deal with Halakhic Uncertainties

 https://www.beithillel.org.il/wp-content/uploads/2019/06/Pesak-policy-IRF-organ-donation-book-final.pdf

One of the most basic rules for deciding among disputants in a halakhic controversy is to rule in favor of the scholar who is gadol be-ĥokhma u-va-minyan (b. Avoda Zara 7a).4 As this rule is generally understood, there are two criteria for according one scholar greater authority than

Reacting to Scandal

 https://www.torahmusings.com/2010/12/reacting-to-scandal/

Yet, Dr. Eidensohn’s book is what really makes me want to do something. It inspires the passion that is necessary to change our communal practices. It elicits the appropriate level of outrage. It is a J’accuse against the bumbling efforts of Jews unwilling to make hard choices to save our children, incapable of admitting mistake, and failing to learn from the collapse of the Catholic Church over precisely this issue.

Dr. Eidensohn’s second volume is a remarkable encyclopedia of Jewish sources related to issues of abuse. He collects and translates hundreds of post-talmudic texts, organized by subject or author. In particular, his chapter on wife abuse puts to lie the canard that Judaism allows such treatment. Overall, this book is an indispensable guide to the halakhic sources on abuse.

Bombshell Durham report confirms FBI, Justice Department had these radical motives

 https://www.foxnews.com/opinion/bombshell-durham-report-confirms-fbi-justice-department-radical-motives

The FBI was instrumental in perpetrating the Russia hoax. The bureau never had any plausible evidence or verified intelligence when it wrongfully launched a dilating and damaging investigation of Donald Trump. Nothing was ever vetted or corroborated. Indeed, the FBI knew it was a pernicious lie from the outset. That is the conclusion to be drawn from Special Counsel John Durham's final report released to the public on Monday.

The above is not an accurate summary of what the Durham Report concluded but an attempt to make lemonade from a lemon

Once again, another dud by John Durham

Biden complaint informant has gone missing, says GOP Oversight Committee chair

Scarborough mocks GOP lawmaker over ‘missing’ Biden informant

 https://thehill.com/homenews/media/4004730-scarborough-mocks-gop-lawmaker-over-missing-biden-informant/

“What do you and [special counsel John] Durham, like, do you guys have tea parties every weekend? That talk about how you can destroy your reputation and your career … Durham tried this, remember? He chased conspiracy theories to try to prove that the FBI was corrupt and rigged the 2016 election, he made a fool of himself time and time and time again,” Scarborough said. “And now we have lost informants, in fact, the informant, that this entire charade was built on.”

Republicans Rush to Defend Trump After Durham Report: 'Outrageous'

 https://www.newsweek.com/republicans-rush-defend-trump-after-durham-report-outrageous-1800485

Dozens of Trump's allies and prominent GOP figures on Monday referred to him as a "crime victim" and urged him to sue the Department of Justice (DOJ) and FBI for "violating the Constitutional protections" of the former president, who is seeking the 2024 Republican nomination.

Durham's newly released report on his investigation into whether Trump and Russia conspired to influence the 2016 election dealt a blow to the FBI. The report found that the bureau had no "actual evidence of collusions" when it initiated Crossfire Hurricane. Durham was appointed in October 2019 after Trump pressed former Attorney General William Barr to investigate the FBI probe.

Uncovered Beverages

https://www.kof-k.org/articles/040208030446W-33%20Uncovered%20Beverages.pdf

 In the time of Chazal there was a concern that one should not drink water,1 wine, milk,2 and honey3 that was left uncovered because of a snake whose venom might have gotten into the drink and it will cause the person danger. Today, snakes are not commonly found and therefore, most of klal yisroel are not concerned for this halacha (except for Kiddush, see below).4 However, there are some poskim who says that even today one should be careful with this.5 Some say even for those who are lenient, if the beverage was left uncovered all night one should be stringent.6 The Gr’a7 and the Chazzon Ish, among other gedolim, were stringent with this. It is said that the Chazzon Ish was concerned about leaving yogurt uncovered as well.9 Some say if one is careful with uncovered beverages he will not have foreign thoughts while davening.

Shulchan Aruch (YD 116:1) Exposed beverages were forbidden by the rabbis because they feared that snakes would have drunk from them, and left behind venom. But now when snakes are not found amongst us, it is permitted.

https://oukosher.org/halacha-yomis/is-one-permitted-to-drink-a-beverage-that-had-been-left-uncovered-and-unattended/

The Gemara (Avoda Zara 30a) discusses the laws of giluy (beverages left uncovered). Chazal forbade drinking certain beverages that were left uncovered, due to concerns that venomous creatures, such as snakes or scorpions, might drink from the beverage and leave behind some of their venom. Tosfos (Avoda Zara 35a: Chada) writes that in the countries where we live, this concern does not exist, and beverages left uncovered may be drunk. Ordinarily, once Chazal issue a gezeira (decree), the gezeira remains in force even if the reasoning no longer applies. This case is different since the original gezeira was only enacted for places where snakes were common. Accordingly, Shulchan Aruch (YD 116:1) rules that one may drink a beverage that was left uncovered. However, the Pischei Teshuva (116:1) writes that the position of the Vilna Gaon and the Shelah Hakadosh is not to leave drinks unattended. The commentaries to the Maaseh Rav explain that the Vilna Gaon held that there are secondary reasons for Rabbinic decrees that apply even when the primary reason is no longer relevant. Common practice is to follow the position of the Shulchan Aruch, though some adhere to the more stringent opinion.

Curing through Avoda Zara

  Yerushalmi (Shabbos 14:4)  One heals with anything except pagan worship, uncovering nakednesses, and spilling blood. Rebbi Phineas asked: So far if he said, bring me leaves from pagan worship, and he brought him. If he said to him bring me leaves unspecified and he brought him from pagan worship? Let us hear from the following: Rebbi Jonah had a fever attack. They brought him from the penis of Dori and he drank. They brought to Rebbi Aḥa and he did not drink. Rebbi Mana said, if my father Rebbi Jonah had known from where it was, he would not have drunk. ....It happened that Eleazar ben Dama was bitten by a snake and Jacob from Kefar-Sama came to heal him in the name of Jesus ben Pandera, but Rebbi Ismael prevented him. He told him, I shall bring a proof that he can heal me. He could not bring proof before he died. Rebbi Ismael said to him, you are blessed, ben Dama, that you left this world in peace and did not tear down the fences of the Sages