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November 27, 2012

Americans living in Israel sue U.S. government

Two dozen American citizens living in Israel filed a lawsuit against the U.S. government over its funding to the Palestinian Authority and other groups operating in the West Bank and Gaza.

The lawsuit, filed Monday in U.S. District Court for Washington, alleges that the U.S. State Department, including Secretary of State Hillary Clinton, violated the Anti-Terrorism Act and disregarded the congressional safeguards and reporting requirements that are attached to American aid to the Palestinian Authority.

Thus, according to the lawsuit, federal money has fallen into the hands of Hamas, the Popular Front for the Liberation of Palestine, the Palestinian Liberation Organization and other supporters of terrorism against civilians who live in Israel.

Successive U.S. administrations have gone on record as saying that controls are in place to keep funds from reaching terrorists.

The lawsuit requests that the federal court review actions of the State Department and any funds distributed by USAID in its programs to the Palestinian Authority and the United Nations Relief and Works Agency, or UNRWA. It also asks for aid to be suspended until there is compliance with all of Congress’ regulations and reporting requirements.

Some of the 24 plaintiffs are victims of terror. They are represented by attorney Norman Steiner of New York.

Under the Palestinian Anti-Terrorism Act, the State Department is prohibited from providing material support to terrorist groups.

Nitsana Darshan-Leitner, director of Shurat HaDin-Israel Law Center, said that “once handed over, U.S. funding of the PA and UNRWA is difficult to trace and the State Department has been lax in requiring the Palestinians to utilize bank accounts and other transfer methods that ensure transparency.”

The U.S. government is “breaking the law and must cease all funding of the PA immediately,” she said in a statement to JTA. “U.S. aid to the Palestinians is killing innocent people.”

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Egyptians challenge Morsi in nationwide protests

Tens of thousands of Egyptians rallied on Tuesday against President Mohamed Morsi in one of the biggest outpourings of protest since Hosni Mubarak's overthrow, accusing the Islamist leader of seeking to impose a new era of autocracy.

Police fired tear gas at stone-throwing youths in streets near the main protest in Cairo's Tahrir Square, heart of the uprising that toppled Mubarak last year. Clashes between Morsi's opponents and supporters erupted in a city north of Cairo.

But violence could not overshadow the show of strength by the normally divided opponents of Islamists in power, posing Morsi with the biggest challenge in his five months in office.

“The people want to bring down the regime,” protesters in Tahrir chanted, echoing slogans used in the 2011 revolt.

Protesters also turned out in Alexandria, Suez, Minya and other Nile Delta cities.

Tuesday's unrest by leftists, liberals and other groups deepened the worst crisis since the Muslim Brotherhood politician was elected in June, and exposed the deep divide between the newly empowered Islamists and their opponents.

A 52-year-old protester died after inhaling tear gas in Cairo, the second death since Morsi last week issued a decree that expanded his powers and barred court challenges to his decisions.

Morsi's administration has defended the decree as an effort to speed up reforms and complete a democratic transformation in the Arab world's most populous country.

“Calls for civil disobedience and strikes will be dealt with strictly by law and there is no retreat from the decree,” Refa'a Al-Tahtawy, Morsi's presidential chief of staff, told the Al-Hayat private satellite channel.

But opponents say Morsi is behaving like a modern-day pharaoh, a jibe once leveled at Mubarak. The United States, a benefactor to Egypt's military, has expressed concern about more turbulence in a country that has a peace treaty with Israel.

“We don't want a dictatorship again. The Mubarak regime was a dictatorship. We had a revolution to have justice and freedom,” 32-year-old Ahmed Husseini said in Cairo.

The fractious ranks of Egypt's non-Islamist opposition have been united on the street by crisis, although they have yet to build an electoral machine to challenge the well-organized Islamists, who have beaten their more secular-minded rivals at the ballot box in two elections held since Mubarak was ousted.

MISCALCULATION

“There are signs that over the last couple of days that Morsi and the Brotherhood realized their mistake,” said Elijah Zarwan, a fellow with The European Council on Foreign Relations. He said the protests were “a very clear illustration of how much of a political miscalculation this was”.

Morsi's move provoked a rebellion by judges and has battered confidence in an economy struggling after two years of turmoil. The president still must implement unpopular measures to rein in Egypt's crushing budget deficit – action needed to finalize a deal for a $4.8 billion International Monetary Fund loan.

Some protesters have been camped out since Friday in Tahrir and violence has flared around the country, including in a town north of Cairo where a Muslim Brotherhood youth was killed in clashes on Sunday. Hundreds have been injured.

Supporters and opponents of Morsi threw stones at each other and some hurled petrol bombs in the Delta city of el-Mahalla el-Kubra. Medical sources said almost 200 people were injured.

“The main demand is to withdraw the constitutional declaration (decree). This is the point,” said Amr Moussa, a former Arab League chief and presidential candidate who has joined the new opposition coalition, the National Salvation Front. The group includes several top liberal politicians.

Some scholars from the prestigious al-Azhar mosque and university joined Tuesday's protest, showing that Morsi and his Brotherhood have alienated some more moderate Muslims. Members of Egypt's large Christian minority also joined in.

Morsi formally quit the Brotherhood on taking office, saying he would be a president for all Egyptians, but he is still a member of its Freedom and Justice Party.

The decree issued on Thursday expanded his powers and protected his decisions from judicial review until the election of a new parliament, expected in the first half of 2013.

In Washington, White House spokesman Jay Carney urged demonstrators to behave peacefully.

“The current constitutional impasse is an internal Egyptian situation that can only be resolved by the Egyptian people, through peaceful democratic dialogue,” he told reporters.

New York-based Human Rights Watch said the decree gives Morsi more power than the interim military junta from which he took over.

U.N. Secretary-General Ban Ki-moon told an Austrian paper he would encourage Morsi to resolve the issue by dialogue.

DECREE'S SCOPE DEBATABLE

Trying to ease tensions with judges, Morsi assured Egypt's highest judicial authority that elements of his decree giving his decisions immunity applied only to matters of “sovereign” importance. That should limit it to issues such as declaring war, but experts said there was room for interpretation.

In another step to avoid more confrontation, the Muslim Brotherhood cancelled plans for a rival mass rally in Cairo on Tuesday to support the decree. Violence has flared in Cairo in the past when both sides have taken to the streets.

But there has been no retreat on other elements of the decree, including a stipulation that the Islamist-dominated body writing a new constitution be protected from legal challenge.

“The decree must be cancelled and the constituent assembly should be reformed. All intellectuals have left it and now it is controlled by Islamists,” said 50-year-old Noha Abol Fotouh.

With its popular legitimacy undermined by the withdrawal of most of its non-Islamist members, the assembly faces a series of court cases from plaintiffs who say it was formed illegally.

Morsi issued the decree on November 22, a day after he won U.S. and international praise for brokering an end to eight days of violence between Israel and Hamas around the Gaza Strip.

Morsi's decree was seen as targeting in part a legal establishment still largely unreformed from Mubarak's era, when the Brotherhood was outlawed.

Though both Islamists and their opponents broadly agree that the judiciary needs reform, Morsi's rivals oppose his methods.

Rulings from an array of courts this year have dealt a series of blows to the Brotherhood, leading to the dissolution of the first constitutional assembly and the lower house of parliament elected a year ago. The Brotherhood dominated both.

The judiciary blocked an attempt by Morsi to reconvene the Brotherhood-led parliament after his election victory. It also stood in the way of his attempt to sack the prosecutor general, another Mubarak holdover, in October.

In his decree, Morsi gave himself the power to sack that prosecutor and appoint a new one. In open defiance of Morsi, some judges are refusing to acknowledge that step.

Additional reporting by Tom Perry, Seham Eloraby, Marwa Awad and Yasmine Saleh in Cairo and Michael Shields in Vienna; Writing by Edmund Blair and Tom Perry; Editing by Giles Elgood/Mark Heinrich

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The Fallacy of Misplacement

By Michael Welch

How often have I misrepresented the truth with words? Abiding by commands–be them the commands of G-d or the commands of my fellow man–have not been good enough.

When I'm asked to be “of service,” I find myself consistently molding the particular situation to serve me. Recently, I was asked to participate in an event that I was less than enthusiastic about. I immediately thought about what I could get out of it, what I have already invested, what I needed from this person, and what this person has done for me in the past. I had an aggressive back in forth within myself; I selfishly placed myself into resentment before I could even respond coherently. I could easily argue that I'm in no control of my internal thought processes, although teachings at Beit T’Shuvah could prove this argument fallacious. The thoughts tend to be both consuming and perceptually challenging at times. The solution is not to silence the thoughts, but to instead proceed to the most correct action.

My potential for calculated manipulation is not abnormal. Abraham Joshua Heschel implores:

“We are guilty of committing the fallacy of misplacement. We define self-reliance and call it faith, shrewdness and call it wisdom, anthropology and call it ethics, literature and call it Bible, inner security and call it religion, conscience and call it G-d.”

I am admitting my guilt to perfecting this behavior. I am admitting that I substitute my beliefs for faith, and my communication for duplicity. As time tells us, nothing can bear hardship that is false or counterfeit. My quest is to re-discover the language of honesty and truth without personal scrutiny or biased interpretation. We all speak the language that Heschel described. Admitting it, however, is just too responsible of a notion.

 

*This Sunday, we are so excited to present Sing to Save a Soul, a concert where Cantors from the Jewish community come together to sing entertaining and secular repertoire in order to benefit the residents of Beit T’shuvah.  Bring your family and friends and get your tickets today! Info can be found on the Beit T’Shuvah homepage at The Fallacy of Misplacement Read More »

Abbas needs an exit ramp from the U.N.

The Middle East is boiling over with crises. We've had the missile conflict between Hamas and Israel. We're in the midst of the quintessential post Arab Spring domestic conflict over how much power President Mohamed Morsi of Egypt should have, even in the short-term. And now … get ready for the latest diplomatic crisis between the Israelis and the West Bank Palestinian leadership, which could, if handled poorly, result in catastrophic developments. This week, Palestinian Authority President Mahmoud Abbas plans to ask the United Nations General Assembly to vote on upgrading the Palestinians' status at the UN to “non-member state permanent observer.”

With violence between Hamas and Israel only just subsiding it seems almost unfair for the United States to have to reengage diplomatically in another Mideast confrontation. However, should Abbas' motion pass it would be bad for American interests, bad for the Palestinians, bad for Israel, and bad for peace.

As sympathetic as we are to Palestinian statehood aspirations, we believe that this bid, brought now, will only set the peace process back further. The most tangible direct consequence of putting the word “state” behind Palestine's title is the potential it brings for Palestine to challenge Israel at the International Criminal Court instead of resolving their differences through negotiation.

True, Abbas has promised to resume talks with Israel after the UN upgrade. However, opening up a pathway to the ICC would make moderate Palestinian leaders less inclined to bridge remaining gaps between them and the Israelis by reducing incentives to reach a negotiated solution. The vote could also encourage additional boycotts of Israel and facilitate other anti-Israel activity at the UN, which tends to increase Israeli feelings of isolation and unwillingness to compromise.

Further, regardless of how the U.S. administration or our European allies decide to react, the U.S. Congress will likely respond by withdrawing funding earmarked for development assistance and other PA functions. Thus, although a win at the UN might gain Abbas a victory, it could very well undermine the fiscal stability of an already weakened Palestinian Authority.

Perhaps worst of all, approving the measure now may seem to reward violence by suggesting that progress for Palestinian aspirations comes only after violence by Hamas. It would be like withdrawal from Gaza all over again, when Israeli concessions were widely perceived as a victory for Hamas rather than the result of moderation.

If these are the stakes, then what is the solution? Even if some might find Abbas' conduct a frustrating diversion from negotiations, cutting of U.S. funds entirely might topple the Palestinian Authority, inviting Hamas to take its place. As such, the threat of U.S. sanctions by the executive branch in addition to Congress is wholly unwise.

Instead, the best tools are inducements: economic incentives and diplomatic signals of engagement. Although saying yes at the UN — or even turning a blind eye — is not a viable option, we need to give Abbas a feasible exit ramp. And it needs to be compelling enough to remind the Palestinian street that his path, the path of non-violence, pays greater dividends than Hamas's.

One possibility would be to work with Israel to craft serious economic incentives to drop or modify the bid. For instance, Israel could offer to expand trade flows in and out of the West Bank or to revise the Paris economic protocol that governs economic relations between Israel and the PA to grant Salam Fayyad's Palestinian economic team greater control over internal economic management. Both would be welcome steps and would track Israeli Prime Minister Benjamin Netanyahu's previous statements of support for Palestinian economic growth as a pathway to peace. America can play a key role in negotiating such an economic package between the parties, either in public or in private.

Perhaps more importantly, the United States can signal that non-violence reaps rewards by significantly reengaging in the peace process. One way would be to upgrade U.S. envoy David Hale to the status of a presidential envoy with greater authority to craft an agenda and bring the parties together. Alternatively, Senator John McCain's recent suggestion that Bill Clinton be appointed to negotiate between the parties deserves serious consideration.

Finally, given that the main problem we see with the Palestinians' latest membership bid is the threat of drawing in the ICC, the administration should consider ways of tempering the threat of ICC actions to make the bid less disruptive. For instance, President Obama could link economic and diplomatic inducements in a possible agreement to Congressional language that would automatically trigger dramatic and irrevocable sanctions if Palestine does go to the ICC. By visibly tying his hands on the matter, the president could make credible threats that help contain the risk the bid poses without immediately weakening the already teetering PA.

The recent Gaza War puts the stakes into sharp focus. Coming down too hard on Abbas could be seen as validating Hamas's narrative that only violence can elicit concessions from Israel and the West. However, if we do not provide Abbas with a speedy exit ramp that offers his people a promising path forward, then Hamas will have already won.


Steven L. Spiegel is Professor of Political Science at UCLA. Danielle Spiegel-Feld is a Senior Associate with Israel Policy Forum. David Andrew Weinberg serves as a Non-Resident Fellow with the UCLA Center for Middle East Development.

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JONAH center being sued for false claims on reversing homosexuality

JONAH, a Jewish center in New Jersey that offers therapy to reverse homosexuality, is being sued for allegedly making fraudulent claims.

Four gay men and two of their mothers filed the suit Tuesday in New Jersey Superior Court against Jews Offering New Alternatives to Homosexuality, which offers treatments that the group says can turn its clients straight. Some of the treatments include using rabbinic writings on the subject of homosexuality.

The lawsuit, which was filed through the Southern Poverty Law Center, maintains that the center uses misleading pretenses to entice clients to enroll in its program. The plaintiffs are previous clients of JONAH.

“JONAH profits off of shameful and dangerous attempts to fix something that isn’t broken,” said Christine Sun of the Southern Poverty Law Center. “Despite the consensus of mainstream professional organizations that conversion therapy doesn’t work, this racket continues to scam vulnerable gay men and lesbians out of thousands of dollars and inflicts significant harm on them.”

JONAH founder Arthur Goldberg and counselor Alan Downing violate the New Jersey Consumer Fraud Acts, the lawsuit said. JONAH therapy options cost a minimum of $100 for weekly individual counseling and $60 for group sessions, it said, and some clients said their instructions included undressing in front of a mirror or group sessions of standing naked in a circle.

Reacting to the lawsuit, Goldberg told ABC News that many JONAH clients were successful and healed, and “hundreds of the clients we serve are satisfied.” He also said, “Our therapy is very conventional.”

The amount of money being sought by the plaintiffs was not made clear but includes the costs spent by clients on JONAH and psychological services that dealt with alleged damages from using JONAH, as well as attorney fees, Reuters reported.

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Americans for Peace Now backs Palestinian U.N. bid

Americans for Peace Now called on President Obama to support the Palestinians’ bid to upgrade their status in the United Nations to non-member observer state.

The stance by the left-wing group issued in a statement Tuesday places it at odds with others in the pro-Israel community. The statement by the group's president and CEO, Debra DeLee, was issued two days ahead of the anticipated vote in the U.N. General Assembly on the Palestinians' application for enhanced status.

“In the wake of the latest Gaza War, we believe the international community, led by the Obama administration, must take urgent action to restore faith in a negotiated two-state solution to the Israeli-Palestinian conflict,” DeLee wrote.

A number of major Jewish groups, including the American Jewish Committee, the Anti-Defamation League and B’nai B’rith International, oppose the bid and are lobbying against it among U.N. member nations.

Some leading lawmakers in Congress have threatened to cut assistance to the Palestinian Authority should its affiliated Palestine Liberation Organization press ahead with the bid.

J Street, also a left-wing pro-Israel group, released a position paper that did not take a position on the bid but pledged to oppose any effort to penalize the Palestinians for making it.

DeLee called on “all nations, including the United States and Israel,” to endorse the Palestinians’ request and “should likewise refrain from and reject punitive measures against the Palestinians in the wake of this initiative, including efforts by Israel or any other party to exploit this initiative as a pretext for actions that further erode the possibility of peace.”

APN's Israeli sister group, Peace Now, expressed similar support for the bid in a letter to Israel's foreign minister, Avigdor Liberman.

The PLO was rebuffed last year in its bid to have the U.N. Security Council recognize Palestine as a state; the United States successfully lobbied against the move, threatening to use its veto.

There is no such veto in the General Assembly, where the Palestinians have an assured majority. Observer state status does not carry with it the privileges of full membership; observers must still apply to become members of U.N. constituent groups. The PLO is currently a non-member observer entity.

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The two faces of Morsi: Power-hungry peace broker?

Is Morsi morphing into Mubarak?

Last week Egyptian President Mohamed Morsi earned U.S. kudos that were quickly followed by expressions of concern — the former for brokering the truce that ended the Israel-Hamas mini-war, the latter for then decreeing himself absolute powers.

It’s a sequence of events that has some in Washington wondering whether Morsi aims for the kind of relationship that helped prop up his predecessor, Hosni Mubarak, for decades until the 2011 revolution: regional stability in exchange for unfettered rule by Morsi and the Muslim Brotherhood, the Islamist movement that brought him to power.

“It is unclear whether this represents a mistake or an overreach,” said Jon Alterman, the director of the Middle East program at the Center for Strategic and International Studies, referring to Morsi’s declaration over the weekend removing judicial oversight of his decisions until a constitution is in place.

Alterman leaned toward “mistake,” noting that Morsi and his aides have scrambled to reassure opponents that the decree is temporary. But Alterman added that such a move inevitably reminded Egyptians of Mubarak’s excesses.

“From what he said and how he talked about it, it seems he was principally motivated by the threat to continuing the process” posed by deep disagreements over the constitution “rather by a desire to have unchecked power,” Alterman said. “The problem is that in doing so, he raised the worst fears of the return of Mubarak-style governance.”

Others were less sanguine. Eric Trager, a fellow at the Washington Institute for Near East Policy, argued that the Obama administration's hopes for a Muslim Brotherhood leadership that would respect democracy were naive.

“Washington ought to have known by now that ‘democratic dialogue’ is virtually impossible with the Muslim Brotherhood, which is now mobilizing throughout Egypt to defend Morsi’s edict,” Trager wrote in The New Republic. “The reason is that it is not a ‘democratic party’ at all. Rather, it is a cultish organization that was never likely to moderate once it had grasped power.”

On Nov. 21, Secretary of State Hillary Rodham Clinton was lavishing praise on Morsi for his role in ending the fighting between Israel and Hamas.

“I want to thank President Morsi for his personal leadership to de-escalate the situation in Gaza and end the violence,” Clinton said in Cairo. “This is a critical moment for the region. Egypt’s new government is assuming the responsibility and leadership that has long made this country a cornerstone of regional stability and peace.”

Israeli leaders also praised the Egyptian president's role in securing the cease-fire. Israeli Prime Minister Benjamin Netanyahu expressed his “appreciation,” and Foreign Minister Avigdor Liberman said that Morsi deserves “a word of thanks.”

The expressions of gratitude were striking given the Israeli leadership's strong suspicion of the Morsi government in light of the Muslim Brotherhood's traditional animosity toward Israel and affinity for Hamas, an offshoot of the Egyptian Islamist movement.

Such concerns were heightened after the Brotherhood's top leader called in October for a “jihad for the recovery of Jerusalem” and the surfacing of video of Morsi nodding along to an imam's anti-Jewish sermon. And in his speech at the opening of the U.N. General Assembly, Morsi omitted an affirmation of the Arab League's initiative for a comprehensive peace with Israel that had been present in an advance copy of his remarks distributed by Egypt's U.N. mission — a fact later discovered by JTA.

During the Gaza conflict itself, Morsi's government expressed strong public support for Hamas and condemned Israel. Egypt's prime minister traveled to Gaza in a show of solidarity during the early days of the fighting. But Morsi's assistance in brokering the cease-fire offered a measure of reassurance that his government would take a pragmatic approach toward dealing with Israel.

The day after the cease-fire deal was reached, however, international gratitude morphed into expressions of concern about Morsi's path at home.

On Nov. 22, Morsi issued his decree removing judicial review, sparking massive protests in Egypt and causing Clinton to voice concerns the next day about the move's implications for Egyptian democracy.

“The decisions and declarations announced on November 22 raise concerns for many Egyptians and for the international community,” she said in a statement. “One of the aspirations of the revolution was to ensure that power would not be overly concentrated in the hands of any one person or institution.”

Jason Isaacson, the international affairs director for the American Jewish Committee, said that Morsi posed a dilemma for Israel and its American allies who want to maintain the 33 years of peace between Egypt and Israel and fear imposition of a Muslim Brotherhood dictatorship.

“The attempt to change the power structure appears to have been in the works for some time,” Isaacson said Monday, speaking from Cairo, where he had just met with Egyptian government officials, diplomats and members of the country’s tiny Jewish community.

“It did not disrupt the achievement of the cease-fire, for which you just give them credit. But obviously, [the decree] raises concerns about human rights and the rule of law. Those who have a stake in protecting the principles of democracy and in human rights, and in preserving the Egyptian role in the Middle East peace treaty should stay engaged with Egypt and express concerns when concerns are felt.”

U.S. lawmakers already were threatening to redirect assistance from Egypt’s military to democracy promotion.

“This is not what the United States of America and taxpayers expect, and our dollars will be directly related to the progress towards democracy which you promised to the people of Egypt when your party and you were elected president,” Sen. John McCain (R-Ariz.) told “Fox News Sunday.”

Ori Nir, a spokesman for Americans for Peace Now, the American affiliate of the dovish Israeli movement established in the wake of the Israel-Egypt peace agreement, said that cutting U.S. aid would be counterproductive.

“Our focus in terms of aid to Egypt has to do with fulfilling the terms of the peace agreement Egypt signed with Israel,” he said, adding that outside actors would likely not be able to influence Morsi’s domestic policies in any case.

“The extent to which he will be another dictator has to do with the dynamic between him and the Egyptian public and less so his foreign relations,” Nir said. “One has to hope that the Egyptian public, which has shown incredible fortitude and courage, will reapply that and will demand democracy and leadership that is accountable to the public.”

That, Alterman of CSIS said, is already playing out, noting the persistent protests against Morsi’s decree.

“The fact that this became contentious is a good thing and reflects a broader trend in Egypt that people are much more willing to protest than was ever the case before,” he said.

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Dutch Nazi, 91, charged with murder of Resistance fighter

Siert Bruins, a former member of the Nazi Waffen SS, was charged with the 1944 murder of a Dutch Resistance fighter.

A court in the German town of Hagen is determining if the case can go to trial, according to The Associated Press. Bruins, 91, is a Netherlands native but is living in and is a citizen of Germany.

He is accused of killing Aldert Klaas Dijkema, a Dutch Resistance leader captured and shot to death near the German border with the Netherlands.

Bruins, who was convicted in 1980 and served eight years in prison for the wartime murder of two Dutch Jews, also was sentenced to death in absentia in the Netherlands in 1949.

He volunteered for the Waffen SS in 1941 and later served in the Nazi internal intelligence agency and the Security Police with a unit looking for Resistance fighters and Jews.

Efraim Zuroff, chief Nazi hunter with the Simon Wiesenthal Center, told the AP that the apprehension of Bruins was “wonderful.”

“It again reinforces that it is still possible to bring Nazi war criminals to justice,” Zuroff said.

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German prosecutors say doctors did not hasten Demjanjuk’s death

Nazi war criminal John Demjanjuk's death was not hastened by medication administered at a nursing home in Bavaria, prosecutors said.

Ulrich Busch, an attorney for Demjanjuk, who died in March, filed a complaint in May with German prosecutors asking them to open an investigation of five doctors and a nurse, alleging that the pain medication they gave to Demjanjuk added to his kidney problems.

The investigation of the allegations was closed after no evidence indicated that the doctors made an error, The Associated Press reported Tuesday.

The complaint had said that a specific pain medication, common in Germany but banned in the United States, led to Demjanjuk's death as he awaited an appeal of his conviction last year by a Munich court for his role in the murder of 27,900 people at the Sobibor camp in Poland.

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American push to temper Palestinian U.N. bid reportedly fails

An American push to temper a resolution asking the United Nations General Assembly to grant the Palestinians enhanced status has failed, Haaretz reported.

The final draft of the Palestinians' resolution, which is set to be introduced Thursday in the General Assembly, was circulated Tuesday in New York. The United States had urged the Palestinians to add a clause to the draft saying that they would not file criminal charges against Israeli leaders at the International Criminal Court in The Hague, the Israeli daily reported, but the Palestinians refused to make the addition.

The Palestinians, who are seeking status as a non-member observer state, told the U.S. that they would provide an oral promise not to file charges with the international court for some six months, but after that time period they would not be obligated to the guarantee, Haaretz reported.

Israel also wants a clause saying that the granting of enhanced status is a symbolic decision that grants no sovereignty over the West Bank, Gaza Strip or eastern Jerusalem, according to the newspaper.

“We continue to try to dissuade the Palestinians from taking this action,” U.S. State Department spokeswoman Victoria Nuland said Monday. “We think it's going to be complicating and potentially a step backwards in terms of the larger goal, which is a negotiated solution.”

The Palestinians, represented by the Palestinian Authority and the PLO, were rebuffed last year in their bid to have the U.N. Security Council recognize Palestine as a state; the United States successfully lobbied against the move, threatening to use its veto.

There is no such veto in the General Assembly, where the Palestinians have an assured majority. Observer state status does not carry with it the privileges of full membership; observers must still apply to become members of U.N. constituent groups. The PLO is currently a non-member observer entity.

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