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August 14, 2014

Sterling’s last bid to halt L.A. Clippers sale blocked by court

Former Los Angeles Clippers owner Donald Sterling lost his final chance to block the $2 billion sale of the NBA team to former Microsoft Chief Executive Officer Steve Ballmer, when a California appeals court refused on Wednesday to halt the deal.

The three-judge panel rejected Sterling's bid for an immediate stay of the sale brokered by his estranged wife, Shelly Sterling, ruling the deal with Ballmer had already been completed and that the 80-year-old real estate billionaire failed to show how the NBA-record sale would cause him harm.

Ballmer, 58, became the team's owner when the sale closed on Tuesday, bringing an end to a near four-month saga that saw Sterling banned for life from the NBA and fined $2.5 million for racist remarks.

Shelly Sterling, 79, was given the go-ahead by a Los Angeles probate judge last month as the court said she had the power and fiduciary duty to complete the deal with Ballmer.

The court also denied Sterling's request to overturn the lower court's decision.

Sterling will still profit from the sale, pocketing the $2 billion along with his wife.

The appeals court's rejection of Sterling's petition is another victory for the NBA as the league has so far been able to remove an owner without having to take the action itself, legal observers said.

Shelly Sterling's attorney, Pierce O'Donnell, said in a statement: “It is time for Donald to accept that the game is over and he has run out of courts.”

Lawyers for Sterling had argued that a probate judge ruled too broadly by allowing Shelly Sterling to employ a little-used section of California probate code that would let the sale go ahead pending an appeal.

Shelly Sterling struck the deal with Ballmer in May, a month after the NBA banned her husband after his privately taped remarks imploring a girlfriend not to publicly associate with black people were published.

Sterling's remarks during the Clippers' playoff run sparked public outrage, prompted sponsors to cut ties with the team and players considered a boycott.

Sterling, who originally blessed the deal his wife struck with Ballmer, refused to accept it after the NBA would not lift his lifetime ban or rescind his $2.5 million fine.

The NBA still faces civil lawsuits in California and U.S. courts from Sterling, who says the league's actions relied on illegal evidence and violated corporate law in its attempts to have the team sold.

Sterling's attorneys called the appellate ruling “harsh.”

“Nevertheless, we are confident Donald will be completely vindicated in his federal case against the NBA,” attorneys Maxwell Blecher and Bobby Samini said in a statement.

Ballmer, who had previously pursued an NBA franchise, will make his first public appearance as owner at a Clippers fan rally next Monday.

Reporting by Eric Kelsey; Editing by Mary Milliken and Ken Wills

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Israel blocks rights group as alternative to military service

Israel has disqualified its foremost human rights group as a volunteer option for youths who choose civilian national service over military conscription, officials said on Wednesday, citing the group's criticism of the Gaza offensive.

The government move against B'Tselem, while unlikely to affect the group's operations, reflected growing anger within Prime Minister Benjamin Netanyahu's rightist coalition at Israeli activism it sees as stoking pro-Palestinian sympathy.

Hoping to close ranks with minority Arab citizens and ultra-Orthodox Jews exempted from the draft for ideological reasons, and to accommodate pacifists, Israel has been sponsoring alternative service in public bodies like education and health.

Civilian national service volunteers have their living expenses covered by the state and later become eligible for benefits akin to those extended to discharged soldiers.

The government's National-Civic Service Authority said it would stop providing staff for B'Tselem after the group argued that some military strikes in Gaza, where 1,945 Palestinians, mostly civilians, have died in a month-old war, were illegal.

B'Tselem currently has one national service volunteer, authority director Sar-Shalom Jerbi told Israel's Channel 2 TV.

“The volunteers represent one camp, in that they want to contribute to the country, to society and to their community,” Jerbi said. “B'Tselem crossed the line in wartime (by) campaigning and inciting against the State of Israel and the Israel Defence Force, which is the most moral of armies.”

B'Tselem director Haggai Elad, responding in the broadcast, described the ban as politically motivated and undemocratic.

“We act out of a deep commitment to the values of the society we are part of,” Elad said, calling on Uri Orbach, the government minister in charge of the Authority for National-Civic Service, to overturn the decision.

Orbach, a member of the ultranationalist Jewish Home party in Netanyahu's government, was unmoved.

“Israel is in the midst of a difficult military and diplomatic campaign against terrorists,” he said in a statement, referring to Hamas-led Gaza guerrillas who have killed 64 Israeli soldiers and three civilians inside the Jewish state.

“An organization that works to prove allegations that Israel is committing war crimes should be so good as to do so with its own resources and not with civilian national service volunteers and state funds.”

Rightist lawmakers have been advancing legislation to trim foreign funding for advocacy groups they view as encouraging international censure of Israeli policies toward Palestinians. Left-wing lawmakers fear an attempt to stifle domestic dissent.

A new investigation by the U.N. Human Rights Council into possible war crimes committed by either side has been dismissed as a “kangaroo court” by Israel.

During the Gaza fighting, Israel's state broadcaster rejected a B'Tselem request to air the names of slain Palestinian children. The group appealed to the High Court of Justice, which upheld the broadcaster's decision on Tuesday.

“Reading the names of the children who died, even though one's heart goes out to them, has a political goal and is not for informative purposes only,” the court said in its ruling.

B'Tselem opposes Israeli settlement in the occupied West Bank. Israel withdrew settlers from Gaza in 2005. Palestinians want a state in the West Bank and Gaza Strip with East Jerusalem as their capital – all lands Israel captured in a 1967 war.

Writing by Dan Williams; Editing by Mark Heinrich

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3 charged in scuffle at Calgary pro-Palestinian rally

Three pro-Palestinian activists were charged with assault stemming from a rally for Gaza in Calgary that turned violent.

Hundreds of pro-Palestinian activists had converged July 18 outside City Hall in the western Canada city when a small group of pro-Israel demonstrators gathered across the street. A series of scuffles broke out and three people were assaulted.

On Tuesday, Aziz Mohammad Madi, 18, was charged with two counts of assault, according to Sunmedia, while Arlsan Khan, 27, and a 16-year-old who cannot be named under Canadian lawn are each facing one count. All three are scheduled to appear in court on Sept. 15.

It took police nearly a month to press charges because of the complexity of the investigation, Inspector Cliff O’Brien told Sunmedia.

“One of the challenges with an investigation like this is you have several hundred people who are very passionate and emotional,” he said. “And there are thousands of images out there, including video.”

Charges are also expected against a fourth man, whom police have identified but not yet found.

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Robin Williams was sober, had Parkinson’s at death

Robin Williams was sober and suffering from early stages of Parkinson's disease as well as anxiety and depression at the time of his apparent suicide, the actor's wife said in a statement on Thursday.

Susan Schneider said the actor “was not yet ready to share publicly” his struggles with Parkinson's Disease.

“It is our hope in the wake of Robin's tragic passing, that others will find the strength to seek the care and support they need to treat whatever battles they are facing so they may feel less afraid,” Schneider said in the statement.

The 63-year-old Oscar-winning star of such films as “Mrs. Doubtfire” and “Good Will Hunting” was found hanged at his San Francisco-area home by his personal assistant on Monday.

Williams had been open about his struggles with alcohol and had recently gone to a Minnesota rehabilitation center this summer to “fine-tune” his sobriety, his publicist said.

The death of Williams, who shot to prominence in the 1970s with his groundbreaking hyperactive comedic style, shook Hollywood as tributes poured out from actors, directors, politicians and generations of fans.

Reporting by Eric Kelsey and Piya Sinha-Roy; Editing by Meredith Mazzilli and Jonathan Oatis

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Breaking point: Time for Israel and the US to start seeing other people

The US administration has halted a shipment of Hellfire aerial anti-armor missiles to Israel, the Wall Street Journal reported on Wednesday, citing government sources.

Not since the early 1980s, when the Reagan administration withheld delivery of promised F-16 fighter planes, as a response to Israel's bombing of Iraq's nuclear plant in Osirak, has the US acted in such a brazen, reckless manner.

Effectively, President Barack Obama made Israel weaker today.

Coincidentally, Washington recently signed a $4 billion arms deal with Turkey. This agreement comes on the heels of the $11 billion deal that was finalized a few weeks ago between the US and Qatar, a country described by former Israeli President Shimon Peres as “the world’s largest funder of terror.”

With Barack Obama outsourcing Washington's Middle East policy to two of Hamas's primary benefactors, Israel may want to consider a trial separation from its 'special relationship' with the United States.

After all, being America's faithful and acquiescent life partner has left Israel divided internally and isolated internationally.

What is a country to do when it is feeling neglected, trapped, unappreciated, or generally underwhelmed with its current relationship?

Play the field.

While the sun may not be setting on the greatest free empire the world has ever known, the Israeli government should consider developing mutually beneficial relationships with countries that are united by common concerns.

For in reality, Barack Obama's intended policy of benign neglect vis-a-vis the Middle East has actually proven to be one of malignant neglect, weaking traditional allies while emboldening foes.

Iran, the Muslim Brotherhood and the spillover effect in Syria on the rest of the region are three problems that Israel shares with Saudi Arabia and the moderate states in the Persian Gulf.

Regarding the Gaza War, Saudi Arabia and the United Arab Emirates, along with Egypt and the Palestinian Authority, would like to see an end to Hamas's rule over the Gaza Strip. Moreover, they seem to support the idea of disarming Hamas as part of any agreement to end the current crisis.

In contrast, the US Administration is working to prevent the collapse of Hamas.

By siding with Qatar and Turkey, the Obama Administration is effectively expressing its opposition to the demilitarization of the Gaza Strip.

Moreover, the Obama Administration now finds itself on the same side with Iran, which is also vehemently opposed to disarming Hamas.

Further east, another potential suitor for Israel is China. Faced with its worst terror attacks in decades in Xinjiang and elsewhere, China is seeking Israeli help in counter-terrorism. Beijing increasingly values Israel as a rock of stability in a sea of Islamic upheaval in the Middle East.

Untethered by lingering feelings of guilt, misplaced fidelity or fear, Israel should consider not one, insufferable, domineering sugar daddy, but several potentially promising prospects.

Perhaps Israel's move towards independence will actually strengthen the currently frayed bonds with Washington. There are numerous benefits of this bilateral relationship. Israel is an important partner in dealing with evolving terrorist and military threats as well as preserving the competitiveness of the US defense-industrial base through joint development efforts and cutting-edge technology.

Furthermore, Israel has facilitated US efforts to deal with emerging soft security challenges related to economic competitiveness, the information technology revolution, resource sustainability, and public health.

Will Israel's absence make America's heart grow fonder?

Since this would be a trial separation, not a divorce, Doomsday prognosticators who cannot imagine Israel remaining viable without its annual $3 billion infusion can exhale.

To paraphrase the acclaimed self-help guru Stuart Smalley with regards to Israel: 'you're good, you're smart enough, and doggone it, people like you.' Or at least value you…

 

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Statement from Moment Magazine on the passing of Moment founder Leonard Fein

It is with great sadness that we announce that Moment Magazine founder and founding editor Leonard “Leibel” Fein passed away at the age of 80 yesterday. Leibel was the visionary behind the creation of Moment, and his passion inspired every page from the inaugural issue in 1975 through 1986.

“Leibel was a man of chesed—deep kindness—who dedicated his life to the Jewish community, State of Israel and the world, and never lost that abiding passion,” says Moment editor and publisher Nadine Epstein. “Not only was he a great man of letters, he was a true activist, and that is a rare combination. Whatever he did, whether it was found a magazine, write columns and books at a prolific rate, found MAZON; A Jewish Response to Jewish Hunger and the National Council of Jewish Literacy, and fight on behalf of causes such as Americans for Peace Now, he gave his mind and his heart. Leibel’s passing is a great loss for me personally, for Moment, and for all of us.”

All of us here at Moment are grateful for Leibel’s support over the years and are are proud to continue to publish the magazine he founded.

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Social media fights my Gaza war

As a feature journalism teacher for 21 years, I’ve helped students of all backgrounds craft and publish powerful personal pieces that often rallied against racism, homophobia and Islamophobia. So during the month-long Israel/Gaza war, when an Egyptian-American guy who’d aced my class a few years ago tweeted the picture of a swastika next to the Israeli flag, I felt hurt, shocked –  and betrayed.

Although I was a Jewish  liberal who’d taught in  Michigan, Manhattan and L.A., I’d  lost family members to real Nazis in Eastern Europe.  I had close relatives in Israel who’d been terrified by the continued  missile attacks against civilians.   My 18-year-old cousin was a soldier stationed in Gaza, fighting  a battle we didn’t start or want.   Late to social media,  this was the first Israeli war  I’d been wired  for.   I felt like instantly  slamming  my Egyptian pupil’s hateful propaganda. But  I tried to calm down, unplug, avoid instant gratification.  Everyone I knew wanted peace.    I did not send  an  incendiary response to fuel the complex  controversy.  Travelling  nationally for book events, I loved the internet’s wide  reach.  As an author and educator,  I had so far intentionally kept  my public personae neutral. 

Then a Kashmiri poet from my old  writing workshop posted on Facebook:   “Stocks rise for Israeli drone maker as Gaza Slaughter Continues,”  which started,  “As Israel ruthlessly destroys the besieged Gaza Strip, its largest developer of military technologies, Elbit Systems, is benefitting from the bloodshed.”   I took deep breaths as  my  newsfeed  showed a Turkish protégée’s post calling Israel immoral.   Next,  a  Facebook friend from the Balkans shared:  “Israel was killing children long before Hamas was created.  Stop the Gaza Genocide.”  

Now my blood was boiling.   This last post felt especially  galling since  I’d recently coauthored a memoir with Kenan, my Bosnian physical therapist, exposing  the ethnic cleansing campaign against Muslims in the 1992 Balkan War.  When Kenan told me  his neighbors  had  turned on him overnight,  I thought: he’s the male Muslim Anne Frank who lived to tell the story.    Since he fixed my damaged  back while I helped him understand his childhood trauma, we’d called it “a Jewish/Muslim story of healing,” predicated on respecting each other’s pain.   But  we’d collaborated in America, in peacetime, 20 years post-war.  Balkanites I’d connected with were suddenly sharing vociferously anti-Israel tirades on Instagram, Twitter, Tumblr and Facebook that hurt me.  Anguished,  I started to de-friend and un-follow those whose opinions I abhorred.

Then a Jewish  girlfriend,  mortified by public displays of  anti-Semitism,   deactivated her  account altogether. That troubled me  more.  Someone  giving  voice to the disenfranchised shouldn’t be  silenced by fear.   I  wasn’t a Middle Eastern department chair  or a dean representing a public college.  I taught writing  in Greenwich Village  at a place  called The New School for Social Engagement –which had  founded a University in Exile in 1933 as a haven for scholars who’d fled Nazi  Germany.  Indeed, the six-million Jews  in Israel settled there as a response to  6 million Jews massacred by Hitler  in World War II with one mantra: Never Again.

I was a humanist who’d opposed  hard line  Israeli policies on  settlements and the occupation, praying for wise leaders to institute a  two-state solution.  Yet we needed a partner for peace.   I  vividly recalled mourning  the  11 innocent Israeli Olympics  athletes  murdered by Palestinians in Munich in 1972,  when I was 11, years of suicide bombings,  P.L.O. and Hamas proclamations that  “The liberation of Palestine can only be achieved through the annihilation  of Israel,”  and Palestinian celebrations of  9/11.   After publishing a book condemning  prejudice against  Bosnian Muslims,   I could not  cower from defending my own people.

When a  student of Syrian heritage posted “Free Gaza”  pictures of slaughtered  Arabs on Facebook, I couldn’t not engage.  I  private messaged:  “180,000 Syrians were killed by Bashar al-Assad in the last two years with no provocation.  Why  didn’t you once post  about that?” I called the Turkish protégée  on his anti-Semitism, asking what he would do if 1000 missiles were fired on civilians in his country, sharing  President Obama’s quote “Israel has a right to defend itself against what I consider inexcusable attacks from Hamas.”

“Disagreeing with Israel doesn’t make me anti-Semitic,” he messaged.

I shot back  Jeffrey Goldberg’s  Alantic.com analysis of how the so-called “powerful Jewish lobby” was  dwarfed by  54 Muslim-majority states in the United Nations  shaping a global anti-Israel narrative. They  focused on Gaza, excluding conflicts where Muslims  killed other Arabs in much greater numbers.  He felt the internet  was illuminating  the “open, unabashed  expression of vitriolic Jew-hatred,”  pointing out that the reaction of the Gaza  war – from the Turkish prime minister, who compared Israel’s behavior to Hitler’s, to the Lebanese journalist who demanded the nuclear eradication of Israel, to the anti-Jewish riots in  France – is a reminder that much of the world “is not opposed to Israel because of its settlement  policy, but because it is a Jewish country.”

My Turkish  protégée returned fire with a Huffington Post piece by a Pakistani-Canadian, Ali Rizvi,  “7 Things to Consider  Before Choosing Sides in the Middle East  Conflict.” Before raging and overreacting,  I  forced myself to read it.  I was surprised that it wound up being  an olive branch. Asking whether Hamas  used its own civilians as human shields, the author shared Hamas spokesman Sami Abu Zuhi admission  on Gazan national television that the human shield  strategy has been “very effective.” If you support  democracy and a two-state solution,  Rizvi concluded you could be anti-Hamas,  Pro-Israel and Pro-Palestine.  That worked for me,  and also  my coauthor Kenan. With the truce, we prayed the rest of the Middle East could compromise too.

Ultimately,  the  battle of links  with my  Turkish  protégée   led to an agreement –on at least one article.  I then  posted and tweeted  “Instead of spreading hate, let’s focus on our common hope for peace” attaching Buzzfeed’s photo essay of  “Jewish and Arab People Posing Together In Inspiring Photos Saying We Refuse To Be Enemies.” Miraculously it garnered  many likes, shares and retweets – from all sides.  I decided I wouldn’t  back down from verbal sparring.  Words  had always been my weapon  and my shield.  That’s why I taught the power of the press, encouraged first person stories,  believing the personal is political.  With more tact and less extreme rhetoric,  social media could be a bridge, not a blockade.

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