Rabbis Without Borders
Rabbis Without Borders is a dynamic forum for exploring contemporary issues in the Jewish world and beyond. Written by rabbis of different denominations, viewpoints, and parts of the country, Rabbis Without Borders is a project of Clal – The National Jewish Center for Learning and Leadership.
If we fail to treat others, even the worst among them, humanely, than it is we who ceed the ‘moral high ground’, and the greatest values of our country will be undermined.
California Prison Blues (Johnny Cash is dead and he ain’t comin’ to play at Folsom)
I woke up this morning feeling empathy for an imprisoned, convicted killer, an Aryan Brotherhood member, Todd Ashker of Pelican Bay State Prison in California. What the hell is wrong with me! He’s a killer. He’s an anti-semite. And, he’s joined three other gang leaders in the prison to start a second hunger strike against conditions in the California prison system. 600 inmates have joined them. These are men who have tried in court and found guilty of killing innocent people – they shouldn’t get to dictate terms.
Still, the conditions in solitary confinement have long been under the scrutiny of our legal system. “Conditions in [solitary] may well hover on the edge of what is humanly tolerable,” wrote U.S. District Judge Thelton Henderson in 1995.
Recently, Israel approved the transfer of 104 Palestinian prisoners as a gesture of good-will before renewed peace talks begin. To be sure, these are some of the worst of the worst. Some have been imprisoned for more than 20 years. It must be painful for families to watch the killers of loved ones go free. How can we let them go?
To this Netanyahu said, “There are moments in which tough decisions must be made for the good of the country, and this is one of them.”
Guantanamo Bay opened way back in 2002. It became an international symbol for America’s failure to exercise due process, a bedrock of it’s own legal system. Five years later candidate Obama said we needed to shut it down. Then in January 22, 2009, soon after his first inauguration, he signed an Executive Order that was to begin the shut down of the prison. He said, “We think that it is precisely our ideals that give us the strength and the moral high ground to be able to effectively deal with the unthinking violence that we see emanating from terrorist organizations around the world. We intend to win this fight. We’re going to win it on our terms.”
By his account, we have not reached the ‘moral high ground.’
A Guiding Tale: In the worst cities that ever were, the cities of Sodom and Gemorah, there was murder, rape, theft – and those were good days. Of the inhabitants of these two cities there was only one, just one righteous man who did not murder, rape or steal.
“Stop what you are doing. Don’t do that,” He would say to his townsmen. They would just laugh. Still, every day, he would go out and plead with them to stop the evil, and end the pain they were causing each other. Every day they would laugh at him.
After years and years of his appeals to their better selves and their laughing at this lonely morally grounded man, one brute asked the man, “Old man, why do you come out here and tell us to stop every day, when you must know by now that we never listen to you?”
“At first,” said the man, “ I kept repeating my message to try and change your ways. I continued to say them so that you would not change me.”
The President said of closing Guantanamo, that we would ‘win it on our terms.’ I understand that to mean that the United States of America would not be cowed by terror, that the hideous acts of terrorists would not change the character of our country. Twelve years after 9/11, we are still a country that is unsure of the balance of security and privacy that we are comfortable with.
The President said that we would “win on our terms,” but without due process, and without humane care – even in prisons for the hardest killers in the system – “We may be human beings, but we cease to be humans.”
In every case, perhaps especially those cases that draw on our anger and desires for revenge, let us not become what we despise.