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Tuesday, August 23, 2011

The legal wonks that stopped the flotilla (Commentary)

From Alana Goodman at Commentary:

At a radical left-wing coffee shop in Washington, D.C. last month, Code Pink founder and “Freedom Flotilla II” passenger Medea Benjamin woefully recounted the moment she realized her boat, the Audacity of Hope, wouldn’t be legally permitted to leave a port in Greece to sail to Gaza.

“There was something called a ‘complaint’ that was put against our boat,” Benjamin explained to a crowd of anti-Israel activists stuffed into the back room of the restaurant. “Well, it didn’t take long for somebody to uncover that the person, or entity, that lodged the complaint was none other than this right-wing Israeli law center based in Tel Aviv, that knew nothing about our boat and certainly had no interest in the passengers’ safety.”

The “right-wing” law center that caused Benjamin so much grief is Shurat HaDin – the Israeli group that single-handedly took down the “Freedom Flotilla II” simply by filing creative lawsuits. In total, nine out of the 10 boats in the flotilla never touched Israeli waters, largely due to Shurat HaDin’s work.

Led by Nitsana Darshan-Leitner and her husband Avi Leitner, the legal center is pioneering a new strategy of Israeli-self defense: Pro-Israel Lawfare.

“There is a way of fighting back, we just have to start thinking like Jews again,” Avi Leitner told me during the Leitners’ recent visit to D.C. “And remember, the Jews invented lawfare, the Jews invented law. So you don’t sit on your hands.”

The first step the legal center took against the flotilla was to target private companies that may have been assisting it. “We thought, what do boats need in order to sail?” Darshan-Leitner told me. “And we realized that all boats must have insurance.” Shurat HaDin began by contacting the major maritime insurance agencies, and informing them they might be criminally liable for “aiding and abetting” a terrorist organization if they provided insurance.

The response was very positive: some of the companies even said they were aware of the legal consequences, and had already made the decision not to work with the flotilla. 
...So with Attorney General Holder on notice – and a Neutrality Act lawsuit filed in New York federal court – Shurat HaDin turned its attention toward Greece. The group discovered the country had a Neutrality Act similar to the one in the U.S., and it prohibited boats from leaving Greece to sail to illegal ports, including Gaza.

Shurat HaDin notified the Greek minister of civil protection about the flotilla, and he immediately blocked the ships from leaving Greece.

“The second thing he did was order the port authorities in Greece to raid the boats and to find what’s wrong with each and every boat – to be very, very particular,” said Darshan-Leitner, clearly amused. “And at that point, an additional six or seven boats were grounded. Because they found a lot of [problems] there.”

This was around the time Code Pink’s Medea Benjamin and her fellow flotilla activists finally caught on to the scheme. But by that point, there wasn’t much they could do.

“When the activists found that [the Audacity of Hope ship was] grounded, they came and they did a press conference, blaming us: ‘How dare this lawfare organization use lawfare against our boat,’” said Darshan-Leitner, laughing.

...“It evens the playing field. You can either sit there and moan about it, or you can actually try to do something about it,” said Leitner. “There is a way to fight back, there is a way to get good media, and there is a way to get the world to respect you.”