Wednesday, May 8, 2024

215th Day. Will America Become An Asterisk? Dispirited Conference Call.


Accuser Gives Lurid Details of Alleged Harassment, Assault by Then-Senator Biden

+++

The 215th Day of War in Israel
By Sherwin Pomerantz                                                                  

 

The IDF said on Tuesday that its tanks had entered Rafah in southern Gaza and had seized control of the city’s critical border crossing with Egypt in what it called a limited operation to eliminate Hamas fighters and infrastructure that had been used to attack and kill four Israeli soldiers on Sunday.  The incursion did not appear to be the long-anticipated full-scale invasion of Rafah, a city crowded with about a million Palestinians, which Israel’s allies have been working to avert by pushing for a cease-fire deal.  International humanitarian officials said the military operation had halted the flow of aid from Egypt into Gaza, exacerbating extreme hunger and privation in the besieged territory.

Israel says Rafah is Hamas’s last bastion, home to several battalions hiding out, and a critical gateway for arms shipments smuggled into Gaza from Egypt. But the city has also become a refuge for Palestinians who have fled Israeli bombardment in other parts of Gaza, and many have squeezed into tents without adequate access to food, water and sanitation.

Rafah is also a main entry point for humanitarian aid flowing into Gaza from Egypt. But Israel closed that entry point on Tuesday, as well as the Kerem Shalom crossing. Hamas had claimed responsibility for killing four Israeli soldiers in a rocket attack that was fired from Rafah toward Kerem Shalom on Sunday.

President Biden on Tuesday condemned a “ferocious surge of antisemitism” in the United States following the Oct. 7 Hamas attack against Israel and said people were already forgetting the deadliest day for Jews since the Holocaust.  Speaking at the U.S. Holocaust Memorial Museum’s Days of Remembrance, Mr. Biden tied the anti-Jewish sentiment that led to the Nazi effort to exterminate Jews directly to Oct. 7.  “This ancient hatred of Jews didn’t begin with the Holocaust,” he said. “It didn’t end with the Holocaust, either.” 

“I have not forgotten, nor have you,” he told the crowd of more than 100, including Holocaust survivors. “And we will not forget.”  Since the outset of the war, Mr. Biden has faced criticism from Arab Americans and Palestinians who have said they don’t hear Mr. Biden talk about the plight of their people with the same empathy and emotion that he uses to describe Israel and the Jewish people.

The Biden administration appeared to signal its initial approval of the operation launched by Israel early Tuesday morning to take over the Palestinian side of the Rafah border crossing with Egypt.  Spokespeople for the administration said the goals of the operation were legitimate, but warned that this assessment could change if the offensive expands in scope and leads to an extended hampering of aid shipments into Gaza.  US officials sought to distinguish between the actions Israel has so far taken and a potential more significant military operation, which they continue to oppose due to fears that the million-plus Palestinians sheltering in Rafah would be put at risk.

The Biden administration on Tuesday night confirmed report that it had recently held up a large shipment of 2,000- and 500-pound bombs that it feared Israel might use in a major ground operation in the densely populated southern Gaza city of Rafah.  This is the first time since the outbreak of the Israel-Hamas war that the US has held up a weapons shipment for the IDF, which it has been supplying on a near-constant basis since October 7.  

The US held a pair of virtual meetings with top Israeli officials in recent months to express concerns regarding a potential Rafah operation and to present alternatives for how Israel could target Hamas in the city without conducting a full-scale invasion.  Those talks will continue, but the White House determined that they were insufficient in getting its concerns across, a senior Biden administration official told The Times of Israel.  “As Israeli leaders seemed to approach a decision point last month on such an operation, we began to carefully review proposed transfers of particular weapons to Israel that might be used in Rafah,” the official said.

Hopefully the negotiators from both sides now in Cairo for talks will find a way out the current morass.   Time will tell.
++++

The Middle East Forum cordially invites you to a podcast series.

Israel Insider

with
Alex Selsky


I listened to a conference call with Alex Selsky today. He was speaking from Jerusalem. It was one of the most dispiriting calls I have listened to in several weeks.

He made the following comments.

Many in Israel believe they have been abandoned while they are fighting for the entire world's benefit.

He described the feeling as Israel's "Chamberlain Period."

He said Israel was trying to prevent another 10/7 and it's closest ally had done more for Hamas and made it very difficult, if not impossible, for Israel to rid itself of the recurring  threat from Hamas.

Israel does not know where Biden stands since he speaks out of both sides of his mouth and has made it difficult to plan for a "victory."

He spoke about the need for Israel to make it's own weaponry etc.

Because Biden has made the war prolonged the stress within Israel between hostage families has risen and that was adding to Israel's disunity.

He also mentioned it was critical to close Egypt's Philadelphia Corridor to stop the weapon  trafficking's  which would also benefit Egypt.

Finally, he spoke about how the aid to Palestinian Gazan's was falling into the hands of Hamas and they were selling it on the black market at enormous up-pricing.  He said it was as if America supplied the Nazis during WW 2 while fighting them at the same time.

Everything Biden does, everything he touches turns into a disaster.  The man must be defeated, his party must be smashed and made to reconstitute itself or this nation will be come an asterisk.
+++
Consul Update (Edited.)
+++
Operational Updates

Entire Gaza Strip

Throughout the past day, IAF fighter jets and aircraft struck over 100 terror targets throughout the Gaza Strip, including military structures, observation posts, launch posts and additional military infrastructure.

Northern Gaza Strip

In a joint IDF and ISA activity based on Israeli Navy and ISA intelligence, an IAF aircraft eliminated the terrorist Ahmed Ali, the Commander of Hamas's Naval Unit in Gaza City. Over the last few years, Ali had been involved in managing projects of Hamas's Naval Unit in the Gaza Strip. 

During the war, Ali was responsible for attacks on Israeli territory and against IDF ground troops operating in the Gaza Strip. Over the past week, Ahmed advanced terrorist activities against IDF troops operating in central Gaza.
Southern Gaza Strip

IDF ground troops are continuing the precise counterterrorism operation based on IDF and ISA intelligence to eliminate Hamas terrorists and dismantle Hamas terrorist infrastructure within specific areas of eastern Rafah. 

During several encounters over the past day, IDF troops eliminated terrorists and uncovered terrorist infrastructure, as well as underground shafts in several locations in the eastern Rafah area. The troops have started the process of dismantling the terrorist infrastructure and underground shafts. 

In one incident, IDF troops identified and eliminated a terrorist armed with an RPG.

Simultaneously, based on intelligence about terrorists operating in the area, IDF troops are conducting targeted raids on the Gazan side of the Rafah Crossing in the eastern part of Rafah.
Northern Arena

Today, IDF artillery and fighter jets struck over 20 Hezbollah terror targets in the area of Ramyeh in southern Lebanon, including military structures and terrorist infrastructure. During the strikes, secondary explosions were identified, indicating the presence of weapon storage facilities in the area.  

In addition, IAF fighter jets struck a Hezbollah military structure and terrorist infrastructure in the areas of Marwahin and Kfarkela in southern Lebanon. Below is footage of the strikes in Ramyeh:


Israel Re-Opens Humanitarian Aid Crossing After Hamas Rocket Attack Against It


Today, the Coordinator of Government Activities in the Territories (COGAT) announced the re-opening of the Kerem Shalom Crossing for the entry of humanitarian aid into the Gaza Strip. This follows its closure due to the rocket attack on the crossing launched by Hamas terrorists earlier this week. Below is an infographic showing the location of the launches:



Trucks from Egypt carrying humanitarian aid, including food, water, shelter equipment, medicine, and medical equipment donated by the international community are already arriving at the crossing. After a thorough security inspection by the security personnel of the Ministry of Defense Crossing Authority, the equipment will be transferred to the Gazan side of the crossing.

In parallel to the re-opening of the Kerem Shalom Crossing, the Erez Crossing is continuing to operate to facilitate the entry of humanitarian aid into the Gaza Strip following security checks in Israel, as it did while the Kerem Shalom Crossing was closed due to attacks by the Hamas terror organization.

COGAT updated the U.S. government and international organizations regarding the re-opening of the Kerem Shalom Crossing.

Below is footage of aid trucks moving through the re-opened crossing:


IDF Chief:

"We Will Ensure Our Existence Here in This Country"

Today, the Chief of the General Staff of the IDF, LTG. Herzi Halevi, delivered a message of unity and remembrance while visiting the graves of fallen IDF soldiers on Mount Herzl, Israel's national cemetery. To read LTG. Halevi's speech, click .HERE.

Israeli Journalist Discusses the Importance of the IDF's Operation in Rafah



Recently, Israeli journalist Amit Segal was interviewed by CNN's Christiane Amanpour. During the interview, Segal shared his view of the importance of the IDF's counterterrorism operation in Rafah, outlining the three main goals which the operation is meant to achieve. To watch Segal's remarks, click HERE.

Operation: Swords of Iron Humanitarian Update


Click HERE for today's updates regarding the IDF's humanitarian efforts during Operation: Swords of Iron.

Bereaved Mother Whose Son Was Murdered During Second Intifada Rebukes Pro-Terror Demonstrators


In THIS ARTICLE, Sherri Mandrell, a bereaved mother whose 13 year-old son, Koby, was murdered during the Second Intifada, rebukes pro-terror demonstrators who call for an "intifada revolution" against the State of Israel. Mandrell explains the true meaning of the word "intifada," and why it is a call to murder Israelis and Jews.

13 Year-Old Oct. 7th Survivor Shares Her Story

Recently, Renana Botzer Swissa, a 13 year-old Israeli who survived Hamas's murderous terror attack on Oct. 7th, was interviewed by the Jersualem Post. During the interview, Swissa shared her story of survival. To learn more, click HERE. .

Consul General Sultan-Dadon Discusses Israel-Hamas War During Radio Interview

This morning, Consul General Sultan-Dadon was interviewed by Martha Zoller, host of The Martha Zoller Show. During the interview, the Consul General spoke about the IDF's ongoing efforts to defeat the Hamas terror organization, and the importance of calling for the immediate and unconditional release of all of the remaining hostages held by Hamas. Click  HERE to listen to the interview.
++++
++++++++++++++++++++++







+++++++++++++++++++++++++++
Biden knows this, he just does not care because he only decides what is best for him.
+++
HOOVER DAILY

Why A Gaza Truce Would Settle Nothing

by Richard A. Epstein via Defining Ideas

A cease-fire is not an armistice—and temporary “peace” is no peace.

++++

While Biden is busy destroying America he has also thrown in the military for some Biden treatment.

+++

West Point 'Wokeness': More Problems with America's Colleges | Bobby Eberle Ep. 603

The United State Military Academy at West Point is under fire for a new set of classes that has nothing to do with military readiness or training. Instead, the classes focus on leftist indoctrination on topics such as colonialism and transgender studies.

Click here to watch the show!

Show Thumbnail

Click here to subscribe to my YouTube channel



With the ongoing antisemitic protests or the class curriculum at West Point, it's clear that America's colleges and universities have been taken over by radical leftists bent on brining down this country and spreading the woke mind virus.

>> WATCH IT HERE! <<

A January 6th prisoner has now passed 1,200 days without a trial. Plus, Joe Biden continues to lose a major demographic group.

Please check out the show and let me know your comments!

Thanks!

Bobby Signature
Bobby Eberle

+++

The Blessing of the College Riots: Part 1 How to fix the college rot.

Dov Fischer

How to fix the college rot.


The glorious eight-day festival of Pesach (Passover) ended Tuesday night. It coincided with the end of a challenging four-week recovery period from a surgery that was followed by severe post-op complications. I am 80 percent recovered, and I finally now can write. The enforced separation from the outside world and everyday activity allowed me time to cogitate. I now am bursting with thoughts about the campus riots, and I have prepared a five-part series that offers specific and unique proposals to take back our universities and stop the rot.

Why do I write and propose if I know that Biden and Kamala will not implement these proposals? Because, maybe, if G-d smiles on America and if America is worthy, there will be a change in government in only six more months. And even if not — G-d forbid — maybe brave and courageous governors like Ron DeSantis and Greg Abbott will consider creating state equivalents to these federal proposals I offer.

I begin with a bit of background. I graduated from Columbia University in 1976 with a B.A. in political science. During my last two years, I had the extraordinary honor to be elected by the entire undergraduate body — thousands of freshmen, sophomores, juniors, and seniors — to represent all of them, the entire college student body, as their chosen representative in the University Senate, Columbia’s highest deliberative body. Why would a left-wing student body elect one of the most right-wing students in the college? Because I was known campus wide as a fighter who does not take “no.” My primary cause then was freedom from communism for Soviet Jewry, but the concern of the collegiates was rising tuition. I campaigned on a promise to fight tuition hikes as I fought for Soviet Jewry, and I won. And, wow, did I ever fight as one voice among more than 100 University Senators to stop or at least reduce tuition hikes.

So I know Columbia University. I met my first wife, a Barnard student, on campus. I sent children to Columbia University. My first wife earned her doctorate at Columbia University.

I also know UCLA. I attended for law school, and I have wonderful law school memories. I was selected by my peers to be the No. 2 on law review, chief articles editor. I later was told in confidence by two of those who had been in the inside circle that voted that I had lost by a single vote in the decision to name the editor-in-chief because three of those voting expressed doubt that an Orthodox Jew with four children could do the job effectively while taking off one day every week to observe the Sabbath. So, I came in second and became chief articles editor. I loved my role, and it has stood me well even these 30 years later.

In four years at Columbia, I never once met a professor with conservative values. They all were leftist, many outright communist, or at best apolitical. I majored in political science and never heard of William F. Buckley Jr. or Ayn Rand. I took an introductory course in economics and never heard of Adam Smith or Milton Friedman. I took a course on the History of Judaism, and it was taught by an atheist who devoted the entire term to propounding his theories that the Torah is not the word of G-d but a compilation of texts written by nomads. I once challenged him in class respectfully with a compelling question. After class, he told me not to do that again, or he would reduce my grade.

At UCLA School of Law, each and every professor was a leftist except for two blessed souls: Wesley Liebler, who taught mergers and acquisitions, and Grant Nelson, who taught real estate and property law. It was non-stop leftist indoctrination, like a Mao Zedong reeducation camp. Class after class, term after term, year after year.

In the past 30 years in particular, these and all the other universities like them have become cesspools of intellectual toxicity and rot. Students are presented with only one distorted worldview. Each professor professes the same. They literally tell students how to vote: vote for McGovern over Nixon, vote for Carter over Ford, vote for Carter over Reagan, vote for Mondale over Reagan, vote for Dukakis over Bush I, vote for Clinton over Bush I, vote for Clinton over Dole, vote for Gore over Bush II, vote for Kerry over Bush II, vote for Obama over McCain, vote for Obama over Romney, vote for Hillary over Trump, vote for Biden over Trump. They indoctrinate and hammer the lesson in.

To seal the deal, they create curricula, syllabi, and reading lists that seem scholarly enough. But they all are of one perspective. There is no balance. Students spend 15 or so weeks each semester reading Marx and Engels and Fanon, and they never read anything else. So, as naïve innocents out of high school, they think they now are gaining a broad-spectrum education, but they are not. They are being indoctrinated. They are being brainwashed.

I am a rabbi of more than 40 years and am engaged in the broader society. Thus, I am close not only to Jews but also to Christians. I hear the same plaint over and over again: “Rabbi Fischer, we reared our child to be a good, honest, decent kid. She never opened a mouth, never uttered a curse word, and none were spoken around her at home. She attended church with us every Sunday and loved it. Sometimes, if we awoke lazily, she pressed us to hurry to get to church on time. We recited grace at the table before eating. Our home was wholesome. Her friends were wholesome. She attended a Catholic parochial school (or a Protestant church Sunday school, or a yeshiva), loved G-d, loved America. We invested 12 years educating her at the finest schools through high school. And then we sent her to XYZ College because we wanted the best for her: to gain a broad worldly education to make her competitive in the modern world and to expand her horizons and make her even brighter and more interesting.

“And she came back destroyed. We don’t recognize her. Rabbi, we literally don’t recognize her. Everything we did from the day she was born through age 18 was destroyed in a mere four years at college. Now she sleeps with boys. She mocks religion. Won’t go to church. Hates America. Criticizes us as vapid materialistic ogres. She went to a campus therapist who convinced her that her mother had been a monster and that her father had engaged in ‘emotional incest,’ whatever that means. The therapist told her she must never again communicate with her father. She has tattoos all over her body. A small ring on her tongue. Rabbi, where did we go wrong?”

I have been writing in these pages throughout the eight years I have had this column about the peril to our young people posed by most of America’s colleges and universities. (There are a few discrete exceptions.) People read my words and warnings, nod their heads in agreement, and shrug that there is nothing that can be done about it. That as long as ego-driven billionaires keep donating to see their names on buildings or endowed professorial chairs, the rot cannot be stopped.

That is the hidden blessing in this month’s campus riots. Forget about the fiction of “Palestine.” There never was an “Arab Palestine,” and there never — ever — will be. And don’t worry about Israel. There will not be a third Churban (“catastrophe,” as with the Babylonian destruction of the First Holy Temple in 586 B.C.E. and the Roman destruction of the second in 70 C.E.). Long after Columbia and UCLA are torn and turned to ashes, Israel will stand strong with brides and grooms dancing and singing in the cities of Judea and the outskirts of Jerusalem. So forget about the cause du jour, the excuse of the day to riot.

Here is the blessing. Finally — finally, finally — all of America is taking notice that the colleges and universities have gotten out of hand. It is no longer about the ideological brainwashing of kids but about insurrection. Thank G-d! Thank G-d people finally are talking about what must be done.

I am not a prophet of G-d, and I very well may be wrong, but I expect the riots to end in one month, even if nothing is done to stop them. We now are in May, the last weeks of the spring term. Final exams are coming soon, and term paper deadlines are due. Either the schools will close down and cancel finals and term papers, or they won’t. But the campuses will empty in four weeks. I may be wrong, but remember you heard it here first. And, honestly, when was the last time I was wrong these past eight years on a prediction?

As the spring term ends, the rich New York kids will return to their wealthy parents’ lavish estates in Long Island, Longer Island, Longest Island, and Great Neck, Greater Neck, and Greatest Neck, where they will denounce their parents’ materialism, even as they expect their African American maids to pick up their socks and launder their dirty underwear, while they await their Hispanic gardeners and pool cleaners to clean up after them.

And the dreck on campus from Malaysia and Indonesia and Pakistan and Saudi Arabia will return to the dirt holes they come from to ride camels and mash garbanzo beans into hummus.

And what of the others? The ones without rich estates and Arab Muslim dictatorships to go home to? They will regather on TikTok, on Facebook and X (Twitter), and will reunite shortly in Chicago for the Democrat National Convention to fight with the Chicago police and chant, “The Whole World Is Watching! The Whole World Is Watching!” as they get clubbed in their heads. It will be 1968 all over again. That one made heroes of Abbie Hoffman, Jerry Rubin, and Tom Hayden — and elected Richard M. Nixon. So may it be again.

All a blessing.


To receive Rav Fischer’s Weekly Extensive Torah Commentaries or to attend any or all of Rav Fischer’s weekly 60-minute live Zoom classes on the Weekly Torah Portion, the biblical Prophets, the Mishnah, Rambam Mishneh Torah, or Advanced Judaic Texts, send an email to: shulstuff@yioc.org.

His 10-part exciting and fact-based series of one-hour classes on the Jewish Underground liberation movement (Irgun, Lechi, and Haganah) and the rise of modern Israel can be found .here. In it, he uses historic video clips of Irgun, Lechi, and Haganah actions, decades of past Arab terrorist atrocities, as well as stirring musical selections from the Underground and videoed interviews of participants, to augment data, statistics, maps, and additional historical records to create a fascinating, often gripping, and scholarly enriching educational experience about issues that remain deeply relevant today as Israel engages in an existential war in Gaza against Hamas terrorism.

His latest deeply moving weekly series of informational and inspirational programs on the Hamas Gaza war may be found here.

His 40-part Bible study series covering all of I Samuel (First Samuel) intensively with Talmudic and Midrashic commentaries, and now into II Samuel, is up here.

And

Blessings of the College Riots:Part 2

Sue Members of the Boards

Trustees have a fiduciary responsibility to see that students receive a safe, unimpeded education.

By DOV FISCHER


If you have not done so, I urge you to read Part One of this series here.


For years we have been urging billionaire donors to stop donating their billions to universities that stand in opposition to everything they believe in. They are successful capitalists who donate to institutions teaching their students to be socialists and communists, to hate them. For example, Jewish donors are big givers, supporting universities whose professors teach their students that Israel is illegal and must be destroyed entirely from the Jordan River to the Mediterranean Sea and that Jews who support Israel — Zionists — need to be extinguished, too. The Final Solution.

Yes, they are behind the scenes. No one knows them, sees them, or thinks of them. But they are the power.

There is no stopping or persuading these idiot billionaires. They became billionaires because they would not stop as multi-millionaires. They had egos and needed to have more. Three hundred million.  Seven hundred million. A billion. Two billion. Three Billion. Five billion. No amount ever was enough to sate their egos. And so be it. If that is what they needed, so be it. To each his own. I need to learn more Torah and to write more articles and books. It never is enough. For me, I am always driven to more Torah learning and writing. For billionaires, making money is never enough. Okay by me.

The problem is that they are partly driven by insatiable ego. I happen to know a few billionaires personally, from fundraising for my synagogue, so I know. They need to see their names on buildings, on classroom doors, in endowed chairs, in kitchens, on everything but toilet bowls. They must see their names on walls. And, again, really, that is basically O.K. by me. Some guy named Keck, whoever he is, made it possible for USC to have a magnificent medical center.  A guy named Hoag gave Orange County a premium medical center that has saved countless lives. A lawyer named William Shea gave money to help bring National League baseball back to New York after the Dodgers and Giants left for California, so the Mets named their original playing field (READ MORE from Dov Fischer: A Rabbi, a Pastor, and a Bishop Defend a Shared Goal)

The problem with these egomaniacal billionaires is that, for all intents and purposes, they will not stop donating to the universities whose students despise them. We have tried for years to persuade them, and with only a very few exceptions, they are useless. Vladimir Ilyich Lenin once said that a capitalist will even sell you the rope to hang him. A contemplation of billionaire donors to American universities confirms that Lenin got that one right. Even a broken clock is right twice each day.

So who can be pressured to change the campus climate. Yes, that is what we desperately need: climate change — on campuses.

The next step was to pressure college and university presidents. Time has taught us that that, too, is useless. In Judaism, we have an expression: a “brakhah l’vatalah” — a wasted blessing, uttered for no purpose. Just as I hyphenate “G-d” because the Creator’s Name is holy and should not be spelled out completely other than in prayer or in Torah study, so it is forbidden to recite G-d’s name in vain in a purposeless blessing. Therefore, whenever someone suggests even a secular action that is pointless, a waste of time, and will lead to nothing, we say “Don’t bother. It’s a brakhah l’vatalah.” A waste.

We have learned the hard way, from experience, that appealing to university presidents for justice and fairness and an end to the rot in university life is a brakhah l’vatalah, useless, a waste.  They are not part of the solution because they are essential components of the problem.

So who on G-d’s earth has the power to change things, and whom can we pressure? :Here is a novel proposal:

In 1992, I published a landmark law review article on FIRREA (David B. Fischer, Comment, Bank Director Liability Under FIRREA: A New Defense for Directors and Officers of Insolvent Depository Institutions — Or a Tighter Noose?, 39 UCLA L. Rev. 1703 (1992)). It may be called “landmark” because it was cited in at least 13 separate federal court opinions, several state court opinions, and dozens of law review articles.

FIRREA was the Financial Institutions Reform, Recovery, and Enforcement Act. (In its initial form, the proposed first word of the law’s title was “Depository,” not “Financial.” Honest to goodness. You figure out why they changed the word.)

Back in the 1980’s, America had a widespread network of independent financial institutions that were very similar to banks, called “Savings and Loans,” or “S&Ls.” S&Ls were so similar to “banks” that most Americans did not even notice a difference. But there were important technical differences that lie outside the scope of this article. I refer you to my law review article.

If a bank ever goes “insolvent” (the technical term for when a financial institution goes “bankrupt”), depositors may line up to be reimbursed by the FDIC, the Federal Deposit Insurance Corporation. Similarly, if an S&L would go insolvent, its depositors would be reimbursed by the FSLIC, the Federal Savings and Loan Insurance Corporation, a body separate from the FDIC. In the 1980’s, there were a spate of S&L insolvencies. It was a national financial catastrophe. S&Ls were dropping like flies. Perhaps you may remember the name of Charles Keating, a   central figure in the mess. Depositors throughout the country demanded recompense from the FSLIC, and the feds had to cough up the cash.  And then

 Bupkes. the Feds, in turn, through the Resolution Trust Corporation (RTC), looked for ways to recoup some of the lost millions.

But whom could they sue? The S&Ls that failed? Pointless — they had no money left. The bank managers? How much could be collected from them? . So whom could the Feds sue to collect?

The federal government landed on a terrific idea: let’s sue all members of all boards of directors and boards of trustees at any and every failed S&L. Sue them for recklessness, gross negligence, and even simple (or “ordinary”) negligence. As directors of the S&Ls, they were the governing body of the financial institutions, and that meant they had a “fiduciary duty” to oversee administration of the Savings and Loans. They could be liable for damages. And even if they could not fork over all the money awarded in a court judgment, most such people are covered by “D&O” (Director and Officer) insurance policies that cover that kind of liability. So the Feds sued away, like crazy.  (READ MORE: A Queen, Two Bishops, Jews, and Muslim Madmen in Turbans)

I worked at a prominent law firm that represented such a defendant. He was no financial wizard. Rather, on an S&L Board of millionaires and billionaires, he was added because he was locally prominent, a very successful local entrepreneur, owner of several auto dealerships. So they invited him onto the Board, and he gladly accepted the honor. Now he was being sued for millions. I still remember, thirty years later, the meeting with the client in which he beamed: “I’m the easiest guy to defend on the whole Board. While they were making and approving crazy things — toilets made of gold, windmills that produced no electricity — I never voted for any of that garbage.”

The partner in charge of our team asked: “So you voted against those things?”

And our client boastfully responded: “Even better: I never attended a single Board Meeting!”

We attorneys looked at each other. This guy was finished, kaput. He had utterly violated his fiduciary duties. Not malfeasance. Not misfeasance. But major league non-feasance. We had to settle with the RTC for a boatload of money, within the limits of his D&O policy. He went back to selling cherries and lemons, and he never sat on another board again.

And that got me thinking, When Rep. Elise Stefanik conducted the  Congressional Hearing heard ‘round the world, a spotlight on three decayed worms, the presidents of Harvard, University of Pennsylvania, and MIT. It became clear that all needed to be fired. The Board of Directors at Penn rapidly fired their decayed worm, Liz Magill. The board of directors at MIT refused to fire their decayed worm. And the board of directors at Harvard initially refused to fire their decayed worm, Claudine Gay, until Christopher Rufo broke the story that Claudine was a mega plagiarist. The story grew like kudzu and got uglier until students at the Harvard Crimson called for her resignation. And finally the Board of Directors at Harvard put a boot in her derriere and showed her the door.

So who indeed has the power? Not the billionaire donors. Not the professors. Not the university presidents. But the Boards of Directors, the Boards of Trustees.

Until the publication of this article today, I don’t think anyone else has figured out the ramifications of this.

It is time to enact a law like FIRREA that empowers the federal government — and private citizens, too — to sue university and college directors and trustees, not only collectively but also individuallyThey have the millions and the billions, and they have the D&O policies. They — and no one else — decide whom to hire as university president and whom to fire. They run the universities.

Yes, they are behind the scenes. No one knows them, sees them, or thinks of them. But they are the power. It’s like in baseball: the all mighty manager on the field and in the dugout makes the lineup, decides when and whom to pinch-hit, and when and whom to bring in as a reliever. And then, with the flick of a pen, the front office will fire the manager and bring in a new one. That’s where the power lies.

Yes, like that hapless car dealer, many university directors and trustees have no grasp of the entirety of responsibilities they have accepted and assumed when they became directors and trustees, but they bear those fiduciary duties nonetheless.

What fiduciary duties do they have to the federal (and state) government? The Feds allocate millions of dollars to the universities for research. They allocate millions in Pell Grants and other federal financial grants to students so that the kids get a full unhindered education. They extend loans at advantaged interest rates and often end up writing off those loans, at the expense of the national budget and American taxpayer, when it becomes clear that the students cannot or will not pay the loans back. They grant the universities tax exemptions that waive millions in federal tax revenue so that donors will give more to the colleges and universities. Any single federal expenditure for a college entitles the federal government to subject matter jurisdiction and standing in any lawsuit brought over Director or Trustee malfeasance, misfeasance, or non-feasance in the conduct of fiduciary duties. (READ MORE: Catching Up on More Infuriating Things in the Past Month’s News)

Most students’ parents also would have legal standing to sue. If their kids pay all the tuition and dorm rent, or borrow it all, then such parents may not have standing. But if a parent has paid even one dollar, not to mention tens of thousands, or borrowed tens of thousands in Parent PLUS loans, toward paying tuition or dorm fees, then they have paid for their child to receive a full, unhindered education on a safe and peaceful campus. Any extended rioting or other insurrection on campus distorts the very purpose for which that money has been spent. It comprises, at the very least, a breach of contract. The failure of the directors or trustees to impose solutions, fire ineffective university presidents, demand the removal of toxic professors, and implement all steps necessary to secure the campus for reasoned and calm learning legally exposes them to great individual liability. And what a fabulous class action that lawsuit would be! One thousand parents suing Columbia University for $60,000 apiece, a winning class action for $60 million. I am almost tempted to return to practicing law.

All that is needed is a federal law like FIRREA and similar state laws, since states also finance educational institutions within their borders. Overnight, you will see one Claudine Gay after another, like that evil woman now at the helm of Columbia University, fired; students expelled and a great many deported back to the dirt holes whence they came, and a return to proper, reasoned, and respectful learning.

To receive Rav Fischer’s Weekly Extensive Torah Commentaries or to attend any or all of Rav Fischer’s weekly 60-minute live Zoom classes on the Weekly Torah Portion, the Biblical Prophets, the Mishnah, Rambam Mishneh Torah, or Advanced Judaic Texts, send an email to: shulstuff@yioc.org

His 10-part exciting and fact-based series of one-hour classes on the Jewish Underground liberation movement (Irgun, Lechi, and Haganah) and the Rise of Modern Israel can be found here. In it, he uses historic video clips of Irgun, Lechi, and Haganah actions, decades of past Arab terrorist atrocities, as well as stirring musical selections from the Underground and video’d interviews of participants, to augment data, statistics, maps, and additional historical records to create a fascinating, often gripping, and scholarly enriching educational experience about issues that remain deeply relevant today as Israel engages in an existential war in Gaza against Hamas terrorism.

His latest deeply moving weekly series of informational and inspirational programs on the Hamas Gaza war may be found here.

His 40-part Bible Study series covering all of I Samuel (First Samuel) intensively with Talmudic and Midrashic commentaries, and now into II Samuel is now up here.

++++




No comments: