Wednesday, July 04, 2018


The parents of Naftali Fraenkl asked the courts to reconsider the ridiculously low penalty imposed on Syria and Iran for the kidnapping and murder of their child, a dual American Israeli citizen. Naftali was abducted and murdered along with Eyal Yifrach and Gil-Ad Sha’ar in 2014, as the three were on their way to school. Federal Judge Rosemary Collyer refused their plea, on the grounds that the Fraenkl family lives over the Green Line. Her verdict sets the compensation to $4.1m, though the plaintiffs had requested $340m, an amount comparable to awards in other, similar such lawsuits.
"The Plaintiffs took upon themselves the risks of living in a community built beyond the Green Line in Israel, and sending Naftali Fraenkel another 40 kilometers into the West Bank to a high school in Gush Etzion, 6 kilometers from the city of Hevron," wrote Collyer in her decision.
In other words, Collyer is blaming (and punishing) the victim. Or rather, she’s not blaming and punishing the victim, but the victim’s parents. Sure Syria and Iran are bad. But he got it, Naftali, because his parents are settlers. It’s their fault he’s dead.
Now, based on her decision, one might conclude that Collyer’s thinking runs along these lines: Settlers are bad and need to be punished. Not only to have their kids killed by terrorists but to be hit in the wallet in a big way, as well.
So, according to Collyer, not only do the Fraenkls deserve this thing: the abduction, murder, and mutilation of their son, they need to be punished for living where they do. Lucky for Collyer, the power to punish was in her hands. She made sure the Fraenkls lost out on a big ass financial settlement. Because of where the Fraenkls live and because of where they chose to send their child to school.
Now in saying so, saying that it’s the Fraenkl’s own fault their teenage son was brutalized and murdered, because of where they live, Collyer is betraying a political bias. Because there is no legal consideration to be made here. The Fraenkls have broken no law living where they do, sending their child to school where they did. There is no law on the books, international or otherwise, that says Jews can’t live, build houses in, or go to school in Judea and Samaria.
Since there is no legal impediment for the Fraenkls to live where they do or for their son to attend school where he did, Collyer’s decision is not based on the law, but on her personal political bias. Perhaps Collyer has heard people speak of “illegal settlements” or call settlers an “obstacle” to peace. But there’s no legal basis backing either of these statements or concepts. These ideas are simply not founded in the law and as such are mere propaganda.
Having betrayed a political bias, it is clear that Collyer had a duty to recuse herself from this case.
In fact, the last person who should have ruled on this case was someone like Collyer who appears to believe that Jews have no right to live in their indigenous territory. The word “believe” is important here, since there is no legal basis to this idea. It’s simply Collyer’s personal prejudice.
Not that it matters, but Collyer probably thinks that Jews should live in safer places (Germany, perhaps? Poland?)
Or rather, like Helen Thomas before her, she doesn’t really give a damn where Jews live, as long as they aren’t on “Palestinian” land. (Because she’s obviously never read a bible or a history book.)
Nice to know the judiciary is so well read. And so morally upstanding.

UPDATE: The Fraenkls appealed the decision and the decision has been reversed in part and remanded back to Collyer to decide anew: (see: https://law.justia.com/cases/federal/appellate-courts/cadc/17-7100/17-7100-2018-06-08.html)

"The District Court [found] that the location of the Fraenkels' home, Naftali's school, and the site of the abduction indicated that Naftali and his family had "accepted the risk" of terrorist attacks. Based on these considerations, the District Court awarded solatium damages to Naftali's family members that were lower than the amounts awarded to the plaintiffs in Gates.

"The Fraenkels claim that the District Court abused its discretion in awarding solatium damages because the court's judgment was based on impermissible consderations and clearly erroneous findings of fact. We agree.

"For the reasons explained below, we reverse the District Court's judgment on the solatium damages awards and remand for further consideration."

h/t IsaacStorm




We have lots of ideas, but we need more resources to be even more effective. Please donate today to help get the message out and to help defend Israel.

EoZTV Podcast

Podcast URL

Subscribe in podnovaSubscribe with FeedlyAdd to netvibes
addtomyyahoo4Subscribe with SubToMe

search eoz

comments

Speaking

follow me

Follow by Email

translate

Share on Whatsapp


E-Book

For $18 donation








Sample Text

EoZ's Most Popular Posts Ever

Hasbys!

Elder of Ziyon - حـكـيـم صـهـيـون

This blog may be a labor of love for me, but it takes a lot of effort, time and money. For over 12 years and over 25,000 articles I have been providing accurate, original news that would have remained unnoticed. I've written hundreds of scoops and sometimes my reporting ends up making a real difference. I appreciate any donations you can give to keep this blog going.

Donate!

Donate to fight for Israel!

Monthly subscription:
Payment options


One time donation:

subscribe via email

Follow EoZ on Twitter!

Tweets

Compliments

The Jerusalem Report:"A seemingly indefatigable one-man operation, armed only with a computer, chutzpa and stamina."

Algemeiner: "Fiercely intelligent and erudite"

Omri: "Elder is one of the best established and most respected members of the jblogosphere..."
Atheist Jew:"Elder of Ziyon probably had the greatest impression on me..."
Soccer Dad: "He undertakes the important task of making sure that his readers learn from history."
AbbaGav: "A truly exceptional blog..."
Judeopundit: "[A] venerable blog-pioneer and beloved patriarchal figure...his blog is indispensable."
Oleh Musings: "The most comprehensive Zionist blog I have seen."
Carl in Jerusalem: "...probably the most under-recognized blog in the JBlogsphere as far as I am concerned."
Aussie Dave: "King of the auto-translation."
The Israel Situation:The Elder manages to write so many great, investigative posts that I am often looking to him for important news on the PalArab (his term for Palestinian Arab) side of things."
Tikun Olam: "Either you are carelessly ignorant or a willful liar and distorter of the truth. Either way, it makes you one mean SOB."
Mondoweiss commenter: "For virulent pro-Zionism (and plain straightforward lies of course) there is nothing much to beat it."
Didi Remez: "Leading wingnut"

Interesting Blogs

Categories

Abbas liar Academic fraud administrivia al-Qaeda algeria American Jews Amnesty analysis anti-semitism antisemitism apartheid arab refugees Arafat archaeology Ari Fuld art ASHREI B'tselem bahrain Balfour bbc BDS BDSFail Bedouin Beitunia beoz book review Brant Rosen breaking the silence Campus antisemitism Cardozo Chakindas Chanukah Christians circumcision Clark Kent Community Standards conspiracy theories Cyprus Daled Amos Daphne Anson David Applebaum Davis report DCI-P Divest This double standards Egypt Elder gets results ElderToons Electronic Intifada Embassy EoZ Trump symposium eoz-symposium EoZNews eoztv Erekat Erekat lung transplant EU Euro-Mid Observer European antisemitism Facebook jail Fake Civilians 2014 Farrakhan Fatah featured Features fisking flotilla Forest Rain Forward free gaza freedom of press palestinian style future martyr Gary Spedding gaza Gaza Platform George Galloway George Soros German Jewry gideon levy gilad shalit gisha Goldstone Report Good news Grapel Guardian guest post gunness Haaretz Hadassah hamas Hamas war crimes Hananya Naftali hasbara Hasby 2014 Hasby 2016 Hasby 2018 hate speech Hebron helen thomas hezbollah history Hizballah Holocaust Holocaust denial honor killing HRW Human Rights Humanitarian crisis humor huor Hypocrisy ICRC IDF Ilan Pappe impossible peace incitement indigenous Indonesia international law intransigence iran Iraq Islamic Judeophobia Islamism Israel Loves America Israeli culture Israeli high-tech J Street jabalya jeremy bowen Jerusalem jewish fiction Jewish Voice for Peace jihad jimmy carter John Kerry jokes jonathan cook Jordan Joseph Massad Juan Cole Judaism Judea-Samaria Judean Rose Kairos Karl Vick Keith Ellison ken roth khalid amayreh Khaybar Lebanon leftists Linda Sarsour Linkdump lumish mahmoud zahar Malaysia max blumenthal Mazen Adi McGraw-Hill media bias Methodist Michael Ross Miftah Missionaries moderate Islam Mohammed Assaf Mondoweiss moonbats Morocco Mudar Zahran music Muslim Brotherhood Nakba Nan Greer Nation of Islam Natural gas Nazi Netanyahu News nftp NGO NIF Noah Phillips norpac NYT Occupation offbeat Omar Barghouti Only in Israel Opinion oxfam PA corruption PalArab lies Palestine Papers pallywood pchr PCUSA Peace Now Peter Beinart Petra MB poetry Poland poll Poster Preoccupied Prisoners propaganda Proud to be Zionist Puar Purim purimshpiel Putin Qaradawi Qassam calendar Quora Rafah Ray Hanania real liberals reference Richard Falk Richard Silverstein Right of return Rivkah Lambert Adler Robert Werdine rogel alpher roger cohen roger waters Rutgers Saeb Erekat Saudi Arabia saudi vice self-death self-death palestinians settlements sex crimes SFSU shechita sheikh tamimi Shujaiyeh Simchat Torah Simona Sharoni SodaStream South Africa Speech stamps Superman Syria Tarabin Temple Mount Terrorism This is Zionism Thomas Friedman TOI Trump Tunisia Turkey UCI UK UN UNDP unesco unhrc UNICEF United Arab Emirates Unity unrwa UNRWA hate unrwa reports UNRWA-USA unwra Varda Vic Rosenthal Washington wikileaks work accident X-washing Y. Ben-David Yemen YMikarov zahran Ziesel zionist attack zoo Zvi

Blog Archive