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Judicial Candidate Joseph Berman, the ADL, and the Armenian Genocide

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  • Judicial Candidate Joseph Berman, the ADL, and the Armenian Genocide

    Judicial Candidate Joseph Berman, the ADL, and the Armenian Genocide

    BY STAFF - POSTED ON MARCH 8, 2014*POSTED IN:



    By David Boyajian

    Background

    The presentation below was given by David Boyajian at a public hearing for
    attorney Joseph S. Berman before the Massachusetts Governor's Council on
    February 26, 2014. The hearing took place at the State House in Boston,
    Massachusetts. Mr. Boyajian is a member of the Armenian American
    community of Massachusetts.

    In 2013, Massachusetts Governor Deval Patrick nominated Mr. Berman, a
    long-time member and National Commissioner of the Anti-Defamation League
    (ADL), to be a Superior Court judge. The Massachusetts Constitution
    empowers the eight elected members of the Governor's Council to confirm or
    reject all judicial nominations.

    Following Mr. Berman's first Governor's Council hearing on November 13,
    2013, a three-month long public controversy ensued over his suitability to
    be a judge.

    The Councilors had several reasons, beside his ADL leadership post, for
    doubting Mr. Berman's suitability: his lack of truthfulness as to whether
    he had asked elected officials to lobby the Councilors on his behalf; a
    lack of criminal trial experience; poor demeanor; over $100,000 in
    political campaign contributions, including to Governor Patrick, since
    being rejected for a judgeship in 2004; and more.

    On February 26, the Governor's Council vote was a 4-4 tie, which means that
    Mr. Berman's candidacy for a judgeship failed.

    Presentation by David Boyajian

    Councilors, thank you for the opportunity to address you today.

    I know that a majority of you have previously indicated they will not
    confirm Joseph Berman to be a Superior Court judge, and that you have a
    variety of reasons for that.

    I've listened to the tape of Mr. Berman's first hearing in November, and
    I'm aware of those reasons.

    Mr. Berman's position as a National Commissioner of the Anti-Defamation
    League, which has engaged in inexcusable activities against an ethnic group
    - Armenian Americans - is one reason that has been expressed by some.

    I must note that in his questionnaire in November of 2013, Mr. Berman
    listed himself as being on both the National and Regional ADL boards.

    I'll be providing factual context to what I will be saying about Mr.
    Berman's nomination and the ADL so that the Council, those present, and the
    media, understand my remarks. This is especially important because the
    media has often misrepresented some essential facts.

    I'm going to talk about the credibility of Mr. Berman and, because New
    England (N.E.) ADL officials have publicly supported him, the credibility
    of the N.E. ADL.

    During his November 2013 hearing, Mr. Berman did himself no favors when,
    during questioning by Councilor Jubinville, he repeatedly denied having
    called any official or candidate to lobby the Councilors. He later had to
    admit to Councilor Caissie that that morning he had phoned a State Senator
    - now a Congresswoman - to lobby some of you. Credibility and truthfulness
    are, of course, essential qualities in a judge.

    Mr. Berman has been a member of the ADL for about 19 years, and an ADL
    National Commissioner since 2006.

    For 20 years - and probably even longer - the ADL has been denying the
    factuality of the Armenian genocide committed by Turkey against Armenian
    Christians from 1915 to 1923. The ADL, consciously and deliberately, went
    out of its way to engage in anti-human rights activities directed against a
    particular ethnic group, namely Armenian Americans, who had never given the
    ADL any reason to do so.

    All those years, surely the New England ADL, including Mr. Berman, knew
    what the ADL was doing. Did they speak out? No.

    The ADL, which claims to be a universal human rights organization, not just
    a Jewish one, has also actively worked with Turke, a major human rights
    violator, to defeat Armenian genocide resolutions in the US Congress. Can
    you imagine any genuine human rights group, such as Amnesty International,
    actively working against recognition of a proven genocide?

    Just imagine the ADL's reaction if some organization which claimed to
    uphold human rights were trying to stop the scores of Holocaust resolutions
    in the U.S. Congress, the United Nations, and other countries.

    Would the Governor even be nominating Mr. Berman if the ADL was trying to
    defeat a Congressional resolution recognizing the evils of Black Slavery?

    What would your reaction be if the ADL made a deal with the British
    Government to defeat a resolution on the Irish Famine?

    At his November 2013 hearing, Mr. Berman was asked what he'd do if he were
    a member of an organization which opposed recognition of the Holocaust. He
    said only that he would oppose the policy. I don't believe him. I
    believe that he would resign from such an organization. Yet he never
    resigned from the ADL.

    Some essential background if I may: Jewish political analysts and the
    Jewish media have acknowledged that the ADL's anti-Armenian activities came
    about as part of a three-way deal many years ago among Turkey, Israel, and
    a few of the leading Jewish American lobbying groups, including the ADL,
    the American Jewish Committee, AIPAC, the Jewish Institute for National
    Security Affairs, and B'nai B'rith.

    I know this personally because 10 years ago a fine man, William Parsons,
    the then-Chief of Staff at the US Holocaust Museum in Washington, DC, gave
    a public lecture at Tufts. He told me afterwards that the ADL was indeed
    lobbying against Armenian Americans. Has it never occurred to the National
    ADL and its Commissioners that they cannot credibly ask us to commemorate
    the Holocaust while they simultaneously work to cover up a Christian
    genocide?

    Again, surely the New England ADL, and its National Commissioners,
    including Mr. Berman, knew what the ADL was up to. Did they ever speak
    out? No.

    I must mention that scores of American organizations, of various
    orientations and ethnic groups, and many well-known Jewish American
    organizations, historians, authors, human rights advocates, and elected
    officials, have openly supported the Armenian genocide resolution. Such
    groups include the American Jewish World Service, the Jewish War Veterans
    of the USA, and Jewish World Watch.

    Those Jewish organizations spoke out. Did the New England ADL, and Mr.
    Berman? No.

    In July of 2007, the ADL's Armenian genocide denials and lobbying for
    Turkey against Armenian Americans began to make headlines. It started
    locally with a letter I wrote to the Watertown Tab newspaper pointing out
    that Watertown was one of many municipalities that had adopted the ADL's
    alleged anti-bias program known as "No Place for Hate."
    [image: OLYMPUS DIGITAL
    CAMERA]

    It quickly became a national and international issue. Frantic diplomatic
    activity took place between Turkey and Israel. There are hundreds of
    articles about this archived on the Armenian American activists' website
    known as NoPlaceForDenial.com.

    On NoPlaceforDenial.com, please look particularly at the section titled
    "The History of Lobbying Against Genocide Recognition", which contains
    revealing articles from the Jewish and non-Jewish press. You will be
    shocked and repulsed.

    So, what did the N.E. ADL and Joseph Berman say or do before this issue
    erupted in 2007? Apparently, nothing.

    In August of 2007, Andrew Tarsy, head of the N.E. ADL, after initially not
    acknowledging the Armenian genocide, then spoke out publicly, and
    acknowledged the Armenian genocide. He was fired by ADL National Director
    Abraham Foxman. Did Mr. Berman ever speak out publicly? No.

    Mike Ross, the Boston City Councilor, and Stewart Cohen, former chairman of
    Polaroid, immediately resigned from the ADL. Did Joseph Berman resign?
    No. In his first Governor's Council hearing, in November, Mr. Berman was
    asked about this. He replied that he wrote a resignation "in his head",
    but never acted on it. I am sorry, but "in his head" is not good enough.

    Mr. Berman says that he and some other New England ADL members went to New
    York City in November of 2007 to the ADL's national conclave. They said
    they wanted the ADL to change its stance against Armenians. First, even
    assuming that they did so, at that point it was too little, too late.

    You see, three months earlier, soon after this issue broke, the National
    ADL, on August 21, 2007, issued a statement that purported to be an
    acknowledgment of the Armenian genocide, but was not.

    The ADL's full statement implied that the Armenian genocide - it also used
    the phrase "tantamount to genocide" - was simply a "consequence" of wartime
    conditions. But the 1948 United Nations Genocide Convention, the
    grandfather of all international law on genocide, specifically requires
    intent by the perpetrator to legally be "genocide".

    Now, that legalistically dishonest ADL statement was implicitly rejected
    not just by Armenian Americans and human rights advocates. It was also
    rejected by the Massachusetts Municipal Association, which represents all
    the Commonwealth's cities and towns. The MMA cut ties with the ADL's "No
    Place for Hate" even after the ADL statement. The following municipalities
    also cut ties after the ADL statement: Arlington, Bedford, Belmont,
    Lexington, Medford, Needham, Newburyport, Newton, Northampton, Peabody,
    Somerville, and Westwood.

    Many top members of the N.E. ADL, including Mr. Berman, are lawyers.
    Surely, if laymen can understand the dishonest wording in the National
    ADL's statement in August of 2007, so can lawyers in the N.E. ADL. A
    judge should have knowledge and integrity when it comes to civil and human
    rights law.

    Yet now - and only now- are we hearing publicly from Mr. Berman on the
    Armenian genocide issue, just when he wishes to become a judge.

    Indeed, I do not recall any member of the N.E. ADL publicly pointing out
    that the National ADL's August 21, 2007 statement was worded so as to not
    meet the U.N's official definition of genocide. Many of the persons who
    signed a recent petition supporting Mr. Berman - including former Attorney
    General Scott Harshbarger and former Governor William Weld - are also
    attorneys.

    Have any of them ever publicly pointed out the legal problems with the
    ADL's August 2007 statement? Not to my knowledge.

    In late 2007, the N.E. ADL did request the National ADL to reverse its
    anti-Armenian policies.

    But that was many years, even decades, after it had to have known of those
    policies. And only after Massachusetts Armenians Americans forced the
    issue in the summer of 2007.

    And what have the N.E ADL and Mr. Berman done since 2007 on the Armenian
    issue? Apparently, nothing at all, and worse.

    You see, in 2008, Mr. Derek Shulman became the N.E. ADL's new director. He
    served until last month. Who is Derek Shulman? He was a "political
    director" in AIPAC, the American Israel Political Affairs Committee. It is
    a matter of public record that AIPAC, since at least the early 1990's, has
    worked directly with Turks to defeat Armenian genocide resolutions in the
    U.S. Congress. If, in 2008, the N.E. ADL and Mr. Berman were truly sincere
    in the wake of being criticized over the Armenian genocide issue, why would
    they allow themselves to be led by a person from an organization, AIPAC,
    that has an anti-Armenian record?

    Indeed, even though the N.E. ADL claims to have told the national ADL that
    it should favor the Armenian genocide resolution, in a presentation he gave
    in Falmouth, Massachusetts in 2012, Derek Shulman told his audience that
    "we" - implying the N.E. and the national ADL - oppose the Armenian
    genocide resolution.

    In other words, the N.E. ADL and its leaders, including Mr. Berman, are not
    credible.

    And where were the leaders of the N.E. ADL in 2007, including Mr. Berman,
    when the Armenian Heritage Park, which had been designated by a state law
    passed by the legislature for the Rose Kennedy Greenway, was under attack,
    for specious reasons, by a top member of the New England ADL, namely Peter
    Meade, head of the Greenway Conservancy?

    Mr. Meade, though Catholic, was and is a board member of the N.E. ADL. In
    an article I wrote for area newspapers, titled "The Greenway is No Place
    for the ADL", I disproved the specious reasons being cited by the Boston
    Globe, such as that there were supposedly no memorials or ethnic content
    slated for the Greenway. As a member of the anti-Armenian ADL, Mr. Meade
    had a clear conflict of interest vis-a-vis the Armenian Park.

    Why didn't the leaders of N.E. ADL 2007, including Mr. Berman, speak out
    publicly against Mr. Meade's conflict of interest?

    I will conclude with some facts regarding what this nomination is not about.

    First, I know that no Governor's Councilor is making a decision on this
    nomination on the basis of ethnicity or religion.

    Moreover, the ADL and Armenian genocide issue is not even remotely a matter
    of Armenian Americans versus Jewish Americans. The two peoples are, in
    fact, very friendly. Over the years, probably hundreds of joint community
    and academic events and programs on genocide have been held by the two
    communities. For example, the American Jewish University in Los Angeles
    will hold just such an event on March 10th.

    In the year 2000, 126 Holocaust Scholars signed a petition appearing in the
    New York Times that acknowledged the Armenian genocide.

    A renowned Polish Jewish lawyer, Raphael Lemkin, actually coined the word
    "genocide" in the 1940's and was the primary author of the United Nations
    Genocide Convention of 1948. In a CBS-TV interview in 1949, which can be
    seen on YouTube, Lemkin said that the principal reason he became interested
    in genocide was because "it happened to the Armenians". Nearly 20
    countries, including Canada, France, the Netherlands, and Argentina, as
    well as the International Association of Genocide Scholars, the European
    Union Parliament, the Parliament of the Council of Europe, a U.N.
    Subcommittee, the Vatican, and many more institutions have officially
    recognized the Armenian genocide specifically as "genocide."

    Finally, the ADL, and its National Commissioners, and similar groups, owe
    Armenian American reparations. They must apologize to Armenian Americans,
    they must unambiguously recognize the Armenian genocide, and they must work
    affirmatively for passage of the Armenian genocide resolution.

    The ADL claims it is a universal human rights organization that defends the
    rights of all ethnic groups. At this time, that claim is false.

    The ADL, led by its National Commissioners, owe it to the Jewish American
    community and others to reform so that the ADL truly supports universal
    human rights.

    For all the above reasons, I respectfully ask that the Governor's Council
    not confirm ADL National Commissioner Joseph Berman as a judge. Thank you.

    http://www.armenianlife.com/2014/03/08/judicial-candidate-joseph-berman-the-adl-and-the-armenian-genocide/

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