Miranda wasn’t a hero What his case represented was heroic

Have you informed him of his Miranda Rights?

It’s deeply embedded in our understanding of the system.

“You have the right to remain silent; anything you say can and will be used against you…” Many of us can even repeat the words quoted at every arrest and in every cop show we watch on TV.

Miranda was somewhat of a lowlife.  He confessed to rape, but that conviction was overturned because the Supreme Court determined his confession was improper.  Miranda was tried without his confession and subsequently convicted.

Protection from self-incrimination is regarded as a fundamental right under our principle of innocent until proven guilty. This right is enshrined in the 5th Amendment, which explicitly safeguards individuals against self-incrimination.  Additional protections also exist, including the right to counsel and due process as established in the 6th and 14th Amendments, respectively. It is the responsibility of the government to prove guilt, not the obligation of the defendant to prove innocence. This distinction makes our system unique and enviable.

We are willing to let a guilty person go free rather than wrongfully convict an innocent individual. This means that sometimes bad guys “get away with it” because we want to protect the innocent. The system is flawed and abused. However, this sets us apart from many other legal systems and is the envy of the free world, limiting the government’s power from steamrolling over whoever it decides to target.  These rights were denied to Abrego Garcia when he was abruptly taken to a maximum-security prison in El Salvador.

It is not that Abrego Garcia is a good guy or a bad guy. He has never had access to the protections our system offers. Bring him back into the legal system for proper adjudication. Present the evidence, make the arguments, and let the chips fall where they may. We cannot risk the implications of denying Abrego Garcia his rights; we could only ask, Who’s Next?

Why is this Passover different from all others?

As we gather around the Seder table, we find ourselves in a moment that feels uniquely challenging. While previous generations have confronted serious issues, the current landscape is unlike anything we’ve encountered in recent memory. The ongoing war is relentless, with no end in sight and no plan for what follows. Hostages remain trapped, seemingly without hope for redemption. Furthermore, we are witnessing a rise in anti-Israel sentiment, along with a resurgence of Antisemitism not just abroad but right here in the United States. Fear and anxiety permeate our lives, and rather than coming together to confront these threats, we often find ourselves at odds with each other. This moment in time is fraught with tension.

However, we have the power to respond constructively, with unity and compassion.

By gathering at the Seder table, we embody the spirit of inclusion with our declaration: “Whoever is hungry, come and eat!” This Passover, our hunger for spiritual and emotional support is palpable. Let us set aside our differences to share and celebrate the profound story of our people’s redemption, recognizing that each of us connects to this narrative in our own distinctive way. Our tradition highlights four individuals asking different questions—a reflection of our diverse perspectives. We ought to welcome one another, fostering an environment of understanding even amidst spirited discussions. The Shalom Bayit, the peace of the Seder table, and our unity must prevail. Now, more than ever, we need each other. This Passover, let us cherish our time with family and community, share the powerful story of redemption and freedom, and be grateful that we have one another in these trying times.

Wishing you a Zissen Pesach!

 

Free Palestine

AP Photo/ Jehad Alshrafi

We are witnessing the most extraordinary acts of courage.  Thousands of Palestinians are in the streets demanding an end to the war and an end to the brutal Hamas regime.  Knowing the severe punishment for this act of defiance by tyrants, they are protesting the horrors they endure.

Such bravery is rarely displayed; we must move quickly to bolster this movement before it is brutally repressed and these leaders killed.

These individuals are the ones with whom peace can be achieved.  These Palestinians are ready to fight for their rights with a passion that recognizes the longing for a future for their children and surpasses the ideology that exploits them as instruments of war in support of a distorted Hobson’s choice of endless death and destruction.

We have a vested interest in helping these people by strengthening their voices through aid and security, providing them with a foothold and a respectful path to self-rule with dignity and safety alongside their neighbor, Israel.

Palestinians have been victimized for far too long.  The perpetuation of their refugee status on their land is unacceptable.  These people have been subject to the manipulation of outside powers seeking political regional hegemony and the destruction of the State of Israel.  It must come to an end.  Now.

The United States and countries in the region all recognize the value of peace.  There are Palestinians courageous enough to advocate for peace, even in these incredibly difficult times.  We must support them.

A Statement of Jewish Beliefs

Reform Rabbis and Cantors are signing this statement of Jewish Beliefs.  I am proud to be among them.

In this time of swirling events and governmental chaos, it is important to remind ourselves of our core beliefs as American Jews.  These are some of the values we hold dear and which guide our lives and our actions.

  1. We believe that all people are the children of God, endowed with holiness, all equal in value. (Gen. 1:27)
  2. We believe in welcoming the stranger, the alien in our midst, the one who lives with us. (Lev. 19:33) We are commanded to love the stranger as ourselves.  We are a people of repeated migrations, descended from strangers in Egypt.
  3. We believe in honesty, commanded not to bear false witness (Ex. 20:13, Lev. 19:11)
  4. We believe in listening respectfully, valuing the ideas of those who disagree, and seeking peace. (Avot 1:12, 1:18)
  5. We believe in fairness in business and all transactions: not engaging in fraud, paying workers promptly, honestly representing what is offered. (Lev.19:13; 19:35-6)
  6. We believe in respect for others, especially for the strangers among us, for elders and those less fortunate, and all who struggle. We are commanded not to take advantage of the weakness of others, not to place a stumbling block before the blind. (Lev. 19:32; 19:14)  We feel it is important to engage in acts of kindness and believe that we are in relationship with all people and should behave with compassion and empathy. (Avot 1:2)
  7. We call what we give to others tzedakah, giving based on justice. We believe in the importance of compassion, but what we give to others in need is based on seeking justice in society.
  8. We believe in knowledge and the exchange of ideas, including minority viewpoints. We value learning and the advancement of knowledge, in science, in literature, sacred and secular. (Avot 1:16)
  9. We believe in respecting and caring for our world, for tending the land and acting as dedicated stewards. (Gen 1:29-30 and Lev. 19:23 ff.)
  • We cherish the religious freedom in the United States and celebrate the diversity of beliefs and practices in our country. We deeply value the American Constitutional guarantees separating religion and state that have made possible the flourishing of all religions in our country.

 

How do you deal with an enemy that won’t capitulate?

The end of World War 2 came at a significant human cost.  Eisenhower continued to bomb cities in Germany so that the Germans knew with certainty they had lost.  Not one, but two atomic bombs were dropped on Japanese cities, unleashing their death and destruction.  And yet many did not put down their arms.  5,000 Japanese soldiers refused to surrender at the war’s conclusion, remaining loyal to their oath to the Emperor, the deeply ingrained values of Bushido, emphasis on honor, and self-sacrifice at their core.

Shouichi Yokoi courtesy of Wikipedia

The most famous among them was Shoichi Yokoi, who returned to Japan from Guam in 1972, 27 years after the war’s end.  He is quoted as saying, “It is with much embarrassment that I return.” (Smithsonian Magazine; https://www.smithsonianmag.com/history/the-japanese-wwii-soldier-who-refused-to-surrender-for-27-years-180979431/)

There may be invaluable lessons from the Japanese fighters who held out even after the war ended when dealing with Hamas.

To understand the fighters loyal to Hamas, we must understand the profound philosophical, existential commitment to the idea of fighting to regain the land perceived as stolen.  Leaders with bona fides that these Hamas fighters will respect must arise and offer a different path forward.  This can initiate a process where, eventually, those committed to Israel’s obliteration will be overcome by those committed to a peace wherein both sides live in safety and security, side by side.

The sheer brutality of the current war in Gaza would, under normal circumstances, make any leader want to stop the suffering of the people and compromise in the name of peace.  However, Hamas is not normal circumstances.  The human suffering they use in the service of their ideology is perfectly acceptable to them and is, in point of fact, one of the weapons they have employed in dealing with the Palestinians and the hostages.

Similarly, the hatred on the Israeli side of the equation is equally brutal.  The invasion of October 7 was viscerally felt as an existential moment.  Hatred and the desire for revenge only build with the cynical bargaining chip that is the hostages.  As those lives hang in the balance, Israelis must also find courageous leaders to lead their people to peace.

One of the few things made clear is the current situation is a meat grinder consuming human victims with impunity.  This is morally and ethically reprehensible.  Moderating voices must arise to quell this war machine and find a better path forward.

There will be those who see victory only as the destruction and capitulation of the enemy. It is an unrealistic goal.  The price is astronomically high in lives lost and is ultimately unachievable.  These ideologues and zealots must be marginalized.  It may take generations for this view of the world to fade away, and only with perseverance and strength can we support those seeking a way forward that can permit a peaceful coexistence to form.

 

The Masks We Wear

Courtesy of Vlad Hilitanu

As we approach Purim, I began thinking about our holiday and our celebration, which includes costumes.

I’ve always thought that Reform Jews needed better uniforms.

In our desire to embrace modernity, we’ve adopted the clothing commonly worn by others, rendering us indistinguishable as we blend into the broader culture.

Our more traditional brethren have uniforms—items that set them apart and make them easily recognizable: payot, kippot, shtreimel, sheitels, long black coats, and other garments depending on the particular denomination. Many of us will dress in costumes to celebrate Purim, but we wear masks as part of a wardrobe that reflects aspects of who we are all the time.

The truth is, we all wear uniforms.  It is easy to identify a firefighter, a police officer, or a member of the military; their uniforms indicate that they are part of an elite group with a specific purpose. Those of us who are slaves to fashion publicly claim we are au courant, while those of us who deliberately choose to rebel against such norms wear uniforms that proclaim we are iconoclasts.  These public displays of identity convey that we are part of a group motivated by pride, belonging, or sometimes even fear.  Are these masks, reflections, or projections?

Does our outward appearance reflect who we are inside, who we aspire to be, or how we want the world to perceive us?  When these aspects do not align, it’s essential to pause and reflect on why.  Why do we present ourselves in ways that do not match our true selves?  Sometimes this discrepancy is aspirational, while at other times it may stem from feelings of inadequacy or a fear of revealing our authentic selves to the world.

I hope my mask is revealing. It shares my identity and signals that I am approachable, an authority, and a source of comfort in whatever way my intended audience needs to see me, while remaining authentic to my true self on Purim and every day.  May we all find the space to be the best version of ourselves.  May we be unafraid to be who we are and grateful for that, even if we aspire to more.

 

 

 

 

#StandWithUkraine

Kippah

THE SUNFLOWER KIPPAH FOR UKRAINE

We are trying to raise critical funds for Ukrainian relief.  As Jews, we have a complex relationship with this region of the world and a vital role to play.

Thank you for supporting the humanitarian efforts of the JDC, “the Joint,” and the JCC Krakow, which provide services to Ukrainian refugees.

With your generous donation of $54, you will help feed, clothe, and shelter refugees who have escaped a brutal war.  We want to offer our thanks with a gift of this handcrafted knit kippah, designed as a sunflower in the Ukrainian colors of blue and yellow.

Please help us help them and #StandWithUkraine

 

 

Select up to 3 Kippot

This is available to anyone in the domestic United States.  If we need to ship elsewhere, email me at RabbiDavidLevin@gmail.com, and we will figure it out.

This is all about supporting the victims of the war against Ukraine.  Thank you for your generosity.

Rabbi David Levin

#StandwithUkraine

Parshah Terumah- A deeper timely meaning

Yoram RanaanThe key to a deeper message in Terumah, or Offering, is the phrase:

“They shall make for me a sanctuary that I shall dwell among them.”

The people bring contributions, or offerings, of precious items, Gold, Silver, copper, spices and gems, wool, animal skins, olive wood- precious materials- they bring so much that Moses needs to ask them to stop bringing any more.  And then, they proceed to build an elaborate Mishkan, a Home for God to dwell amongst the people.  This comes after two previous Parshiot discussions on the Ten Commandments and the Mishpatim, the details of the laws, and notably the application of Law without bias, that create a civil society as the people coalesce into a nation.

This has modern implications—not that any of you need to bring some olive wood to work or offer your wedding bands for ornamentation.

It IS about embracing the idea that this was to be a nation of Laws sanctified by God’s presence. People actively accepted this covenantal relationship with God and the law’s central importance so they could live together.  The idea that the Mishkan could be readily moved from one location to another– that there was portability means that the law went wherever the people were.  And it was the same law whether they lived in the desert of the Midbar or the Promised Land.

We are currently struggling with the notion that we are a nation of laws.  For some, the law is just only when it rules favorably for them and unjust when it does not or even limits what they want to do.  Trust in the system has been the bedrock of the national and local judiciary. The dedication to the ideal of serving justice, although not always lived up to it, was still the notion that kept our faith in the judicial institutions.   This is evidenced by the enforcement of rulings of law by another branch of government operating in support of this institution.  The erosion of trust, the questioning of authority, and the attack on judges and institutions all seriously undermine the capacity of the courts to hold civil society together.  The other branches of government have been held in check in a system expressly set up to keep guardrails in place when other branches of government step too far outside their lanes.

The system is flawed and has much room for improvement. Equitable application of the law for all is not a practical reality. An overwhelmed court system struggles to seek and deliver justice. Although “efficient,” Plea deals often deny justice for the poor, and outcomes are too frequently based on the accused’s ability to hire the best legal representation. The jury system is under pressure since serving is often seen as a burden rather than a responsibility and privilege of citizenship.

As Lady Justice depicts, the court should be a special and sacred place where justice is dispensed based on the merits. However, the system seems to be abused by the wealthy and against the poor. A lack of civics education contributes to a population that is unappreciative of its importance in maintaining civil society.

We need capable courts that enjoy the full support of the people. Although our system is resilient, it can only tolerate so much stress. As the new nation birthed at Sinai, our nation and government require its people from which to derive its legitimacy and also shine as a beacon to the world.  Our challenge is to imbue society with the embrace of the courts as a foundation for our way of life.  We must ensure jurists are seen as above reproach and incorruptible and that the dispensing of justice and the enforcement of the court’s rulings is done so that a nation of laws believes in this sacred covenant, maintaining a vibrant, healthy society.

 

Throwing the Baby Out with the Bathwater

A colleague shared ideas in a forum, ending with the words “unrepentantly Zionist and Politically Incorrect.”

He proudly resisted, and while I value his essential work and support as a rabbi, I wonder if he, like many of us, is “throwing the baby out with the bathwater.” Now is the time for nuance, to stand up for our core values, and to eliminate much of the noise that makes those values challenging to embrace. Backlash often lacks focus; now, focus on our values is needed more than ever.

I am a Zionist.  But my Zionism is a belief in identity and rights to a safe and secure place to call one’s own.  It is precisely my Zionism that compels me to understand this same need for the Palestinian people.  Both are true; I must accept the other to validate the one.  Before railing against this, let me reiterate that this modern Zionism is premised on both people having the right to safety and security.  That requires people to be committed to peaceful coexistence, which requires serious and difficult compromises from each side.

Another colleague, friend, and teacher commented on the so-called Black Lives Matter movement. He is appalled by their alliance with radical pro-Palestinian groups that are also anti-Israel. I agree that they have betrayed their righteous cause of equality under the law. This is another instance where a core idea is co-opted, diluted, and ultimately betrayed by those with different political agendas. However, we cannot allow these individuals to deter us from our core belief in equality for everyone and our commitment to working with others to realize the promise of our nation’s founding principles.

Navigating through the fog is a significant challenge, but it is what we are trained to do. Our tradition of Makhloket l’Shem Shamayim, argument for the sake of Heaven,  revolves around how our values are understood when tested under various circumstances. This is precisely the challenge we face today. Whether we agree with our government’s current policies and procedures is an essential but separate conversation; how these impact our cherished beliefs should be our focus.  Our fundamental values of caring, including feeding the hungry, clothing the naked, housing the homeless, and caring for the widow and orphan, are constantly threatened, now evermore so.  Therefore, the need to champion our beliefs has never been more crucial.

 

 

Two questions to each of us

 

What do you stand for?

What are you willing to do about it?

Knowing who we are and the values we believe in is the first part of a critical two-step process.  The second step is knowing what you will do to realize them.

Sadly, we have grown accustomed to thinking we have done our part by voicing our opinions in public spaces. We have also shifted responsibility to the government without demanding accountability. However, only by engaging in the work can our opinions become a constructive force.

If you believe in feeding the hungry, for example, giving to a food bank in both time and money will help bring food to those in need.  Advocating for them by reaching out to those in power over the public funds is another.  Merely Saying you are against hunger on social media is a hollow gesture and a waste of time.

Decide what issues are significant enough that you will engage.  Most of us only have enough time to work on one or maybe two.  But in focusing and doing the work, you become a change agent. We are empowered to champion the values we believe in only if we are willing to commit in tangible ways to them.