[NewPacifica] Re: Ambush how? What is a debate? "You decide."



Actually, Nalini, discussion about this transcript made it to the 
Freepers yesterday. I was reading the comments on it yesterday and 
thought of you.

http://www.freerepublic.com/focus/f-news/991229/posts

--Deb

--- In NewPacifica@yahoogroups.com, "asongwithin" <LasiewiczN@a...> 
wrote:
> This transcript of the show under discussion is now featured on 
Amy's 
> website.  
> 
> Ya gotta love that headline too...."Scholar Norman Finkelstein 
Calls 
> Professor Alan Dershowitz's New Book On Israel a "Hoax."  
> 
> I suspect we'll be seeing it duplicated throughout the years on 
right-
> wing blogs, commerical media and liberal-bashing websites.....all 
> because Alan quoted Mark Twain from a source that Finkelstein made 
> his minor claim to fame over bashing.  This petty debate was 
> obviously a personal grudge match, unfairly stacked to give the 
> advantage towards "scholar Finkelstein" over "professor 
Hershowitz."  
> 
> This was not, as some might have hoped for, an intelligent debate 
> over the ideas presented in the book.  This was just a small time 
> street fight.  So this is what our listeners are financing now, a 
> boxing match with Alan Dershowitz?  We've come a long way, Pacifica.
> 
> http://www.democracynow.org/article.pl?sid=03/09/24/1730205
> 
> NL
> =====================================
> September 24, 2003
> RUSHED TRANSCRIPT
> 
> Scholar Norman Finkelstein Calls Professor Alan Dershowitz's New 
Book 
> On Israel a "Hoax"
> 
>  
> AMY GOODMAN:
> Why don't we start with you laying out the thesis of your latest 
> book, The Case for Israel.
>  
> ALAN DERSHOWITZ:
> I wanted to write a progressive liberal case for the two-state 
> solution, which I think that most Israelis favor and have favored 
for 
> a long time. I dedicate the book to professor Aaron Barak, the 
> president of the Israeli Supreme Court and for a reason.  Because I 
> argue in the book that no country in history faced with comparable 
> threats both external and internal has ever tried to hard to comply 
> with the rule of law.  I compare Israel favorably to the United 
> States.  In this regard: its court intervened actively in support 
of 
> Palestinian rights.  Even during fighting in war time during the 
> Jenin events the Israeli courts enjoined the Israeli military from 
> engaging in certain actions which in its view violated the rule of 
> law, The Israeli Supreme Court had banned the kind of rough 
> interrogation techniques that are now being employed by the United 
> Nations in Guantanamo Bay.  Israel is the only country in modern 
> history that has never deliberately and explicitly retaliated 
against 
> those who attack its civilian targets.  For example, during the Six 
> Day war in 1973 war, the 1948 war, it's own residential areas were 
> bombed by Egypt, Syria, Jordan, 1600 shells lobbed into west 
> Jerusalem.  Israel never bombed Aman, Damascus or Cairo, they have 
of 
> course bombed areas of Beirut in the process have killed innocent 
> civilians. That is deliberately targeting civilians and going after 
> the way the United States did in Iraq, which I am very critical, 
but 
> nonetheless with the United States did going after military 
targets, 
> knowing that they're going to kill civilians in the process.  And 
so 
> myself, I oppose the settlements, always opposed the settlement 
since 
> 1967 I opposed the occupation.  I think Israel made in my view a 
> terrible view in my view what it should have done is made border 
> adjustments pursuant to U.N. resolution 242 which I actually 
> consulted with justice Goldburg, he was the ambassador to the U.N. 
> was involved in the process of that 242 resolution, which 
presupposed 
> some territorial adjustments.  The problem is Israel should never 
> have occupied people.  Land is different from people.  And today I 
> think unilaterally what it ought to do eventually is if it can't 
kind 
> the peace partner to make some unilateral changes, small ones.  End 
> the settlements, in fact my peace proposal is that Israel ought to 
> have schedule for ending settlements.  That is a schedule for 
saying 
> on so and so date the settlement ends conditioned on best efforts 
by 
> the Palestinians to end terrorism.  That would create incentive to 
> ending terrorist acts.  By the way you never condition anything on 
> the end of terrorism, that gives terrorists a veto.  What you 
> condition it is on making good faith efforts and if we can get 
Israel 
> to end the settlements and occupation and Palestinian leadership to 
> stop using terrorism as a tactic, I think finally something could 
> have happened in 1917, two-state solution, in 1937 when the 
> commission recommended noncontiguous Jewish homeland and Israelis 
> accepted it and the Arabs rejected it.  In 1947 when the U.N. 
> allocated that portion of Palestine that had majority of Jews in it 
> to a Jewish state, and the portion of Palestine that had 
Palestinian 
> majority in it to an Arab state, could have had a two state 
> solution.  Could have had a two state solution in 2001 and 2000 
when 
> Barak and president Clinton offered to be sure noncontiguous state 
on 
> 90% of the west bank and capital and Jerusalem with the 35 billion 
> dollar refugee package.  When Arafat responded by violence, came 
back 
> to the table maybe we'll negotiate for more.  The two-state 
solution 
> is inevitable.  It's going to happen.  The only question is how 
long 
> it takes to happen.  My hope is that we can have a reasonable 
serious 
> debate about the future; about the rights and wrongs I think the 
> rights and wrongs on both sides.  But I'm nervous because I heard 
> from my debating partner in the beginning what sounded like it was 
> going to be simply an ad homonym attack on me as to whether I'm 
> qualified to teach at Harvard.  I would hope we could elevate the 
> discussion keep it on the merits.  I won't attack Mr. Finkelstein 
on 
> his merits of his position; let people read his book and judge for 
> themselves.  And if he would refrain from personal attacks on me, 
let 
> people judge the book on the merits I think we can move the ball 
> forward have a reasonable serious debate.  I think it would be 
> interesting to know where we agree and disagree.  What facts we 
share 
> in common, what facts we have different views on and whether 
they're 
> empirical and could be subjected to reasonable resolution, where we 
> have moral disagreements, I really think that in the end today you 
> read the news about Israel is other good news.  There is a prisoner 
> exchanges between Hezbollah and Israel which Israel would get back 
> one person, civilian who was captured by Hezbollah in exchange for 
> Israel giving back 400 or so prisoners.  There's movement forward.  
> Let's not destroy that movement forward by getting involved in 
> meaningless ad homonym discussion, let's see if we can elevate the 
> debate see if we can really move forward to the two state solution 
> that I think virtually everybody in the world today wants.
>  
> AMY GOODMAN:
> Professor Alan Dershowitz author of The Case for Israel Norman 
> Finkelstein, your response.
>  
> NORMAN FINKELSTEIN:
> I appreciate Alan Dershowitz's seriousness at least in these 
> remarks.  I have no intention whatsoever of getting involved in an 
ad 
> homonym debate with Mr. Dershowitz.  I'm interesting in the facts.  
I 
> was asked to come in and discuss his new book.  I went home, 
> purchased one copy, in fact I purchased two copies.  I read the 
book 
> very carefully.  I did what someone serious does with a book.  I 
read 
> the text, I went through the footnotes.  I went through it very 
> carefully.  There's only one conclusion one can reach having read 
the 
> book.  This is a scholarly judgment, not an ad homonym attack.  Mr. 
> Dershowitz has concocted a fraud.  In fact Mr. Dershowitz has 
> concocted a fraud which amazingly in large parts, he plagiarized 
from 
> another fraud.  I found that pretty shocking, shocking coming from 
a 
> Harvard professor.  I find it shocking coming from any professor.
>  
> ALAN DERSHOWITZ:
> We have to cut off I just want to warn everybody here that although 
> I'm not a litigious person when you make allegations . . .
>  
> NORMAN FINKELSTEIN:
> I'm proceeded to . . .
>  
> ALAN DERSHOWITZ:
> When you make allegations of plagiarism that's a . . . It has great 
> legal implications.  And I can't obviously sit quietly by and . . .
>  
> NORMAN FINKELSTEIN:
> You shouldn't. I agree.  Well that's Let's look at the evidence.
>  
> ALAN DERSHOWITZ:
> . . . of plagiarism . . .
>  
> NORMAN FINKELSTEIN:
> Let's look at the evidence.  In the first two chapters of your book 
> you extensively reproduce all of Joan Peters' pages in her book.  I 
> read it carefully.  In 1984 . . .
>  
> ALAN DERSHOWITZ:
> Show me one sentence.
>  
> NORMAN FINKELSTEIN:
> I am going to show you I think I have . . .I made available the 
> charts to you.
>  
> ALAN DERSHOWITZ:
> You've shown me nothing.  Let's start with that.  That's a 
> categorical lie.  What you're hearing now on radio is a claim that 
> Mr. Finkelstein made available to me certain charts.  That is a lie.
>  
> NORMAN FINKELSTEIN:
> Mr. Dershowitz, I think you had about five minutes' time I wasn't 
> looking at the clock.  If we're going to have a civil debate you're 
> going to have to remain . . .
>  
> ALAN DERSHOWITZ:
> It's not going to be about me let me be very clear about that.
>  
> NORMAN FINKELSTEIN:
> I have no interest in you, Mr. Dershowitz.  None at all.  I'm 
> interested in the scholarship, I'm interested in the facts, I'm 
> interested in your book.  In 1984 one Joan Peters published a book 
> called From Time Immemorial the book was universally recognized by 
> serious scholars to be a fraud.  Without wanting to toot my own 
horn 
> I'm widely recognized as the person who exposed the fraud.  I know 
> that book inside out.  I read it at least four times, I went 
through 
> all 1854 footnotes.  I started to read your book, Mr. Dershowitz, I 
> then came to chapter one footnotes 10, footnote 11, footnote 12, 
> footnote 13, footnote 14, footnote 15, footnote 16, all of the 
quotes 
> are from Joan Peters.  They're so from Joan Peters that you have a 
> long quote here from Mark Twain on pages 23 to 24.  I turned to 
Joan 
> Peters page 159 to 60, identical quote from Twain with the ellipses 
> in the . . .
>  
> ALAN DERSHOWITZ:
> Is the Twain quote wrong? 
>  
> NORMAN FINKELSTEIN:
> . . . with the ellipses . . . let me finish sir.  They're in the 
same 
> places.  The identical quote from Twain with the ellipses in the 
same 
> places.
>  
> ALAN DERSHOWITZ:
> It's been quoted, as you know.
>  
> NORMAN FINKELSTEIN:
> Mr. Dershowitz I . . .
>  
> ALAN DERSHOWITZ:
> What's your point?
>  
> NORMAN FINKELSTEIN:
> Let me finish . . .
>  
> ALAN DERSHOWITZ:
> I would ask you a question.  Is it a direct quote? Is it an 
accurate 
> quote of Twain?  Did Twain say . . .
>  
> AMY GOODMAN:
> Professor Dershowitz the way we can have a civilized discussion 
here 
> is that each person will get a chance to make their point and won't 
> be cut off.  
>  
> NORMAN FINKELSTEIN:
> You have a nearly full page quote from one William Young a British 
> consul from May 1839.
>  
> ALAN DERSHOWITZ:
> Is it an accurate quote?
>  
> NORMAN FINKELSTEIN:
> I'm going to finish, sir.  On page 18 of your book.  I turn to Joan 
> Peters page 184, the identical quote with the ellipses I'm holding 
it 
> up for the camera perhaps they can see this is the length of the 
> quote.
>  
> ALAN DERSHOWITZ:
> Is it an accurate quote?
>  
> NORMAN FINKELSTEIN:
> It's in the identical place.  Last point.  I'm not going to go 
> through chapter two where there are 29 plagiarisms from Joan Peters.
>  
> ALAN DERSHOWITZ:
> To be very clear, it's not plagiarism to quote Mark Twain correctly.
>  
> NORMAN FINKELSTEIN:
> Except that you cite Mark Twain not Joan Peters.  I'm a professor, 
> sir.  I know what plagiarism is.
>  
> ALAN DERSHOWITZ:
> And plagiarism is . . .  What is your definition of plagiarism?
>  
> NORMAN FINKELSTEIN:
> We're not going to get involved dash in that now.
>  
> ALAN DERSHOWITZ:
> You're using a word you're not going to tell us what you mean by 
it?  
>  
> NORMAN FINKELSTEIN:
> The documentation, you know what we'll let everybody else decide 
for 
> themselves because documentation one last example.  I want to make 
it 
> very clear, in Joan Peters' book From Time Immemorial she coins a 
> phrase.  The phrase is "turn speak".
>  
> ALAN DERSHOWITZ:
> She borrows it from . . .
>  
> NORMAN FINKELSTEIN:
> Sir, I'm sorry she coins the phrase, you see you don't know what 
> you're talking about that's pretty terrible.  She coins the 
> phrase, "turn speak," she says she's using it as a play off of 
George 
> Orwell which is all listeners know used the phrase "news speak".  
She 
> coined her own phrase, "turn speak".  You go to Mr. Dershowitz's 
book 
> he got so confused in his massive borrowings from Joan Peters that 
on 
> two occasions I'll cite them for those who have a copy of the book, 
> on page 57 and on page 153 he uses the phrase, quote, George 
Orwell's 
> turn speak.  Turn speak is not Orwell, Mr. Dershowitz, you're the 
> Felix Frankfurt chair at Harvard, you must know that Orwell would 
> never use such a clunky phrase as turn speak.
>  
> ALAN DERSHOWITZ:
> I like it.
>  
> NORMAN FINKELSTEIN:
> Well, maybe you like it.  Evidently Joan Peters liked it.  But 
George 
> Orwell never heard of it to the best of my knowledge.
>  
> AMY GOODMAN:
> We have to break for stations to identify themselves.  60 seconds.  
> When we come back professor Dershowitz can respond.  We're talking 
to 
> professor Alan Dershowitz author of a new book it's called The Case 
> for Israel and debate with Norman Finkelstein.  You're listening to 
> Democracy Now!  Stay with us. [Music Break]
> 
> More music here from the late Frank Lowe as we continue our debate 
on 
> Alan Dershowitz's new book called The Case for Israel.  Alan 
> Dershowitz is professor of law at Harvard law school.  In 
discussion 
> with Norman Finkelstein who teaches at De paul University in 
> Chicago.  His book Image and Reality: Israel Palestinian Conflict 
and 
> The Holocaust Industry professor Dershowitz your response to this 
> very serious charge of plagiarism.
>  
> ALAN DERSHOWITZ:
> It's a frivolous charge, of course.  What happened was this.  Of 
> course I read the Peters book, anybody writing a book on the Middle 
> East anybody would.  I also read The Myths and Facts a book put out 
> originally by APAC then published separately and independently 
> probably 30 or 40 other books which use the same quotes, they're 
very 
> extensively used quotes by Mark Twain because Mark Twain traveled 
to 
> Palestine, Mark Twain is a very prominent American writer.  What he 
> saw in Palestine is very relevant to the debate.  He saw barren 
> lands, didn't see a Palestinian community.  He saw empty roads and 
he 
> writes extremely vividly and one scholar is entitled to read a book 
> as I did, Peters' book and to find quotes in the book and check 
them 
> against the original quotes.  And find them to be accurate and then 
> do what I did, I don't know whether or not Mr. Finkelstein read 
> footnote 31 that appears on page 246 which says, the research of 
> French Cartographer Vital "Cuinct" relied on for the I may of 
> mispronounced it.
>  
> NORMAN FINKELSTEIN:
> No, you misspelled it.
>  
> ALAN DERSHOWITZ:
> See Joan Peters from Time Immemorial then Peters' conclusions and 
> data have been challenged and then I quote from Said and Hutchins, 
I 
> do not in any way rely on them in this book.  In other words, what 
I 
> did, and it's very common for scholars to do that.  Is I read her 
> books, I read Mr. Finkelstein's criticism of them I came away from 
> enough doubt about the conclusions that although I don't regard the 
> Peters' book in any way as a fraud, I think it was well intentioned 
> effort to recreate and very difficult to recreate the very 
difficult 
> to recreate events that existed in 1890 and 1900.  Did I find her 
> quotes which have been as I said used extensively by Facts and 
Myths 
> and other publications, to be quite compelling.  This book and none 
> of my writing, I don't purport to be independent historian who goes 
> back to the Middle East and reads original documents.  I am making 
a 
> case. I'm doing what a lawyer would do and what lawyers do is they 
> find sources, they check the sources, I had a research staff that 
> obviously checked the sources.  I haven't heard a word from Mr. 
> Finkelstein suggesting that the quote from Mark Twain is not an 
> accurate quote.  If Peters had made up a quote that hadn't 
existed.  
> Mark Twain had never written and then somebody borrowed the quote 
> without going to check back on whether Mark Twain had said that, 
> obviously that would be a serious charge.  I've done nothing like 
> that.  The vast majority of my book deals with current situations.  
> In fact I start my book by saying there has to be a statute of 
> limitations on grievances.  I don't try to base the case for Israel 
> on the fact that Jews lived in Palestine before the birth of Jesus 
or 
> the fact that Jews were expelled from what is now Israel in 72 A.D. 
> and I argue that Palestinians can't really make the case against 
the 
> two-state solution based on historic claims that go back 100 years 
> but first couple of chapters which are quite brief, I recount never 
> purporting to be creative or original in the recounting, I recount 
> what has been accepted as traditional history.  That includes the 
> fact that the land particularly what is now what would be western 
> Palestine, what was the part of Palestinian allocated to Israel in 
> the 1947 division was land that before the Jews got there in the 
> first aliyah in1880 in the beginning of the 20th century was land 
> that was coming into disuse.  Now these are controversial, by the 
> way, there are some Palestinians who say you shouldn't trust Mark 
> Twain.  Some Palestinians say you shouldn't trust the various 
English 
> travelers.  Reasonable people could disagree about that.  I quote 
> those sources, I lay them out there for people to read so that they 
> can evaluate the claims that Israel was established on the basis of 
> colonialism.  I make the following argument which I'd love to hear 
> Finkelstein rebut.  You can't be a colonialist country unless 
another 
> country sent people there as soldiers to take over that country.  
For 
> example, France sent its settlers to Algeria.  England sent 
settlers 
> to India.  Dutch and other countries sent their settlers to parts 
of 
> Africa with guns to take over.  What did the Jews do during the 
first 
> and second aliyah.  They escaped from countries that were 
persecuting 
> them.  They escaped from Russia and Poland, Lithuania.  They didn't 
> come at the request of those countries, if you claim people were 
> colonialist you have to say on whose behalf they were working.  The 
> Jews weren't working on behalf of Russia or Poland or Lithuania.  
> They came as refugees.  Much like American Jews came as refugees to 
> America.  The ones who went to Palestine went with rakes and hoes 
to 
> try to build the land, to try to join collectively with the local 
> population.  They did in fact improve the land as the result of 
work 
> projects in western Palestine many Arabs from eastern Palestine 
moved 
> there, I cite statistics, Peters cites the same statistics in fact 
> showing that in various the fact that I can't remember the exact 
> numbers, Jews moved there attracted 300 or 400, you may disagree 
with 
> it.  But those are the data that I presented and we can reasonably 
> disagree with that.  Now I just want to make one point about Mr. 
> Finkelstein's research.  I don't want to get ad homonym I don't 
want 
> to get into this debate.  But for example I do quote Mr. 
Finkelstein 
> at one point I think only once in the book. That is he makes an 
> argument in Edward Said's collection that to judge the 1947 
partition 
> the only fairway to do it is to look at either all of Palestine, 
> which I don't know whether he needs to include what became Jordan, 
> trans-Jordan or not or you have to look at what became of Israel 
> after the 1948 war.  I disagree with that.  What I say respectfully 
> in the book is that when you look at the fairness of the 1947 
> petition, you only look at the land that was allocated to the state 
> of Israel.  In that land Jews were clearly a majority according to 
> the U.N. census to be sure once the Arab nations attacked Israel, 
> once the Palestinians attacked Israel there was a war and Israel 
> secured more land which was regularized by a crease fire in 1949.  
> What Mr. Finkelstein does is he counts that land and says, look how 
> much they got and look at the proportion of Jews and Palestinians 
> that's not the correct demographic to look at.  So we can have 
> reasonable . . .
>  
> AMY GOODMAN:
> Let's get the response to that.
>  
> ALAN DERSHOWITZ:
> Stay away from the ad homonyms and get to the merit of the case.
>  
> NORMAN FINKELSTEIN:
> Professor Dershowitz, I'm not a professor at Harvard but I do . . .
>  
> ALAN DERSHOWITZ:
> You seem to resent that a lot.
>  
> NORMAN FINKELSTEIN:
> I do teach elsewhere.  And when we discuss issues like falsifying 
> information, plagiarizing, lifting whole cloth from other books 
I've 
> never heard that called ad homonym for a serious scholar and a 
> serious academic, those are very fundamental issues.
>  
> ALAN DERSHOWITZ:
> But when they're false . . . 
>  
> NORMAN FINKELSTEIN:
> If they're false then you dispute them.  To characterize them as ad 
> homonym seems really out of court for a professor . . .
>  
> ALAN DERSHOWITZ:
> You said I don't deserve to teach at Harvard that sounds 
pretty . . .
>  
> AMY GOODMAN:
> Professor Dershowitz let Norman make his case.
>  
> NORMAN FINKELSTEIN:
> You raise that issue then I'll address it then returning to the 
> substantive issues of your book.
>  
> ALAN DERSHOWITZ:
> First tell me why I shouldn't be teaching at Harvard.
>  
> NORMAN FINKELSTEIN:
> On page 207 of your book you say that to deliberately misinform, 
> miseducate, and misdirect students is a particularly nasty form of 
> educational malpractice.
>  
> ALAN DERSHOWITZ:
> Of which I accuse Noam Chomsky and others.
>  
> NORMAN FINKELSTEIN:
> I consider what you have done in the book to be a paradigmatic 
> example of misinforming, miseducating and misdirecting.  Allow me 
to 
> finish.
>  
> AMY GOODMAN:
> Let him make his point.
>  
> NORMAN FINKELSTEIN:
> Allow me to finish Mr. Dershowitz I've with very respectful of your 
> time.  On page 213 you discussed Holocaust fraud by Robert 
Faurisson 
> and you write, quote, "There was no extensive historical research" 
> referring to his book.
>  
> ALAN DERSHOWITZ:
> That's right. 
>  
> NORMAN FINKELSTEIN:
> "Instead there was the fraudulent manufacturing of false anti 
> history".
>  
> ALAN DERSHOWITZ:
> That's right.  And Chomsky wrote as you . . .
>  
> NORMAN FINKELSTEIN:
> Please don't bring in Mr. Chomsky.  He can defend himself.  We're 
> talking about you and your book.  It was the kind of deception 
> referring to Faurisson's book that let me quote clearly, "for which 
> professors are rightly fired".
>  
> ALAN DERSHOWITZ:
> I stand by that. 
>  
> NORMAN FINKELSTEIN:
> Not because their views are controversial, let me underline this 
> again, but because they are violating the most basic canons of 
> historical scholarship. 
>  
> ALAN DERSHOWITZ:
> Let me respond to that.  You compare me to Faurisson . . .
>  
> NORMAN FINKELSTEIN:
> I didn't ask . . . 
>  
> ALAN DERSHOWITZ:
> You made up the story that the Holocaust . . . 
> 
> NORMAN FINKELSTEIN:
> I'm referring to your standards.  I have no interested in Faurisson 
> now I'm talking about your standards.  To miseducate, misinform and 
> misdirect to violate the standards of historical scholarship are 
> grounds for expulsion.
>  
> ALAN DERSHOWITZ:
> Absolutely.
>  
> NORMAN FINKELSTEIN:
> It's not an ad homonym argument it's using your standards.
>  
> ALAN DERSHOWITZ:
> No, it's an ad homonym. . .
>  
> AMY GOODMAN:
> I'm going to interrupt here because I want to get to some of the 
main 
> points of your book.  Also we were intrigued on watching 
Scarborough 
> Country when you debated Sam Husseini, the offer that you made just 
> play it for a moment.
>  
> 
> Play clip from Scarborough Country:
> ALAN DERSHOWITZ:
> Tell you what I will give $10,000 to the P.L.O. in your name if you 
> can find historical fact in my book that you can prove to be 
false.  
> I issue that challenge, I issue it to you, I issue it to the 
> Palestinian Authority, I issue it to Noam Chomsky to Edward Said, 
> every word in my book is accurate and you can't just simply say 
it's 
> false without documenting it.  Tell me one thing in the book now 
that 
> is false?
>  
> AMY GOODMAN:
> Okay.  Let's go to the book.  The Case for Israel $10,000.
>  
> ALAN DERSHOWITZ:
> Let me tell you what he came up with this is really fascinating if 
> you show the rest of the clip.  He came up he said on television, I 
> saw a photograph or a videotape of Israeli soldiers aiming their 
guns 
> at that, whatever 12-year-old boy who was caught in the cross fire 
> and killed and I actually upped the offer to $25,000 if he could 
> produce a photograph or if he could produce proof that he had seen 
> that.  Why was I so confident?  Because German television did a 
very 
> thorough study of that one particular incident.  Let's just spend 
one 
> minute on that.  What happened is when that child was killed in his 
> father's arms, the nation of Israel went into almost universal 
> mourning, it was as if they were sitting Chiva on one of their own 
> children.  A child had died it looked as if possibly Israeli 
soldier 
> might have shot him.  When you contrast that to how Palestinians 
> respond to a child dying in Israel from terrorism dancing in the 
> streets, it's a very striking comparison.  Then German television 
did 
> a study they found out that the Israeli soldiers were positioned in 
a 
> way that it was physically impossible for the bullet from Israeli 
> soldier to have hit that Palestinian child and it was virtually 
> certain that the bullet had come from a Palestinian gun.  In my 
view 
> that's not particularly relevant when a child is caught in cross 
fire 
> it's a tragic death resulting from the crossfire.  Which bullet 
> actually hit I am was not relevant.  But that was the answer that 
he 
> came up with.
>  
> AMY GOODMAN:
> Norman Finkelstein. 
>  
> NORMAN FINKELSTEIN:
> Well, first of all I want to clarify the monetary issue.  Is it now 
> $25,000?
>  
> ALAN DERSHOWITZ:
> $25,000 on that issue.  
>  
> NORMAN FINKELSTEIN:
> Just on that issue.  In general $10,000.
>  
> ALAN DERSHOWITZ:
> Let me be clear...
>  
> NORMAN FINKELSTEIN:
> We just saw the tape.  I think it's clear.
>  
> ALAN DERSHOWITZ:
> I made it very clear I said afterward a material willful 
> distortion. . .
>  
> NORMAN FINKELSTEIN:
> I don't want afterwards.  Professor Dershowitz it's on tape.  We 
just 
> saw it.
> We're not talking about a spelling mistake.  We're not talking 
about 
> a minor . . .
>  
> AMY GOODMAN:
> All right.  Let's talk about . . . 
>  
> NORMAN FINKELSTEIN:
> Serious material.  Let's start.  Number one, I'm going to first 
deal 
> with just concrete facts which are not particularly controversial, 
> which can easily be confirmed.  On page 80 of your book you write, 
> according to Benny Morris between April and June. . .
>  
> AMY GOODMAN:
> Benny Morris is an Israeli historian. 
>   
> NORMAN FINKELSTEIN:
> I have a copy of his book here, which I'll hold up.  2,000 to 3,000 
> Palestinians were made refugees during the second stage of the 
> flight.  Here is the book in front of you.  Page 256, can you read 
> what the sentence says.
>  
> ALAN DERSHOWITZ:
> Let me read you what I say in my book, in some areas Arab . . .
>  
> NORMAN FINKELSTEIN:
> Please don't read the whole paragraph.
>  
> ALAN DERSHOWITZ:
> Let me put in the context.  Chomsky says that Morris does not 
believe 
> that any Arab leaders told the Palestinians to leave.  I say, in 
some 
> areas I quote from Morris," in some areas Arab commanders 
> ordered . . .
>  
> NORMAN FINKELSTEIN:
> I'm not disputing that.
>  
> ALAN DERSHOWITZ:
> . . . to clear the ground for military purposes to prevent 
> surrender.  More than half dozen villages, et cetera, were 
abandoned 
> during these months as result of such orders.  Elsewhere in east 
> Jerusalem in many villages around the country, the Arab commanders 
> ordered women, old people and children to be sent away out of 
harm's 
> way.  Indeed psychological preparation for the removal of the 
> dependents had begin in 1947-48 when the Arab high command and Arab 
> League periodically endorsed such a move in contemplating the 
future 
> of Palestine."  And I say therefore, Chomsky is simply wrong when 
he 
> says that there's no evidence, he says again in another point, 
nobody 
> today believes that any of the refugees were told to leave.  And so 
I 
> dispute that by quoting Morris himself.
>  
> NORMAN FINKELSTEIN:
> You seem to have an obsession with Mr. Chomsky but he's not here.  
> I'm here.  Let's look at the next sentence. . . 
>  
> ALAN DERSHOWITZ:
> Actually, I thought I was going to be debating Chomsky today. I was 
> surprised . . . 
>  
> NORMAN FINKELSTEIN:
> Let's be serious. 
>  
> ALAN DERSHOWITZ:
> I agree with you.
>  
> NORMAN FINKELSTEIN:
> Read the next sentence. Morris estimates in your book I have right 
in 
> front of me.  Next sentence.
>  
> ALAN DERSHOWITZ:
> "Morris estimates that between 2,000 and 3,000 Arabs fled their 
homes 
> during this phase of the Arab initiated fighting."
>  
> NORMAN FINKELSTEIN:
> Can you please read what Mr. Morris wrote?
>  
> ALAN DERSHOWITZ:
> You're talking about . . . 
>  
> NORMAN FINKELSTEIN:
> Please read what he wrote?
>  
> ALAN DERSHOWITZ:
> If I have the whole book I will find for you if you want to take 
time.
> 
> NORMAN FINKELSTEIN:
> Can you read the sentence?
>  
> AMY GOODMAN:
> I'm looking at page 256 of Benny Morris book, Righteous Victims: A 
> History of the Zionist-Arab Conflict.
>  
> NORMAN FINKELSTEIN:
> He is referring to phase two now same one as you.  Go ahead. 
>  
> AMY GOODMAN:
> "Altogether about 200,000 to 300,000 Arabs fled their homes".
>  
> NORMAN FINKELSTEIN:
> There is a big difference between 2,000 and 3,000 and 200,000 and 
> 300,000.  You could check this many times, Mr. Dershowitz.  But you 
> are really going to have to pay the $10,000.  I hope you allow me 
to 
> earmark it for Jenin. I would like to give it to Jenin.
>  
> ALAN DERSHOWITZ:
> We're talking about a variety of . . .
>  
> NORMAN FINKELSTEIN:
> This is not the O.J. trial.  This is not the O.J. trial.  We're not 
> going to play a game.
>  
> AMY GOODMAN:
> Is your point... what you are saying Norm Finkelstein is that in 
Alan 
> Dershowitz's book The case for Israel he says 2,000 to 3,000?
>  
> NORMAN FINKELSTEIN:
> It's 200,000 to 300,000. 
>  
> AMY GOODMAN:
> Your response to that?
>  
> ALAN DERSHOWITZ:
> I argue that 700,000 Arabs . . . 
>  
> NORMAN FINKELSTEIN:
> Don't change the subject, Mr. Dershowitz. 
>  
> ALAN DERSHOWITZ:
> I'm not changing the subject.  
> 
> NORMAN FINKELSTEIN:
> We're talking about phase two.  April through June.  Please don't 
> play this game.
>  
> ALAN DERSHOWITZ:
> Obviously, the phrase 2,000 to 3,000 Arabs refers either to a sub-
> phase or is a typographical error.
>  
> NORMAN FINKELSTEIN:
> This is why lawyers have a bad reputation.  Because you are playing 
a 
> game now. I've read the book twice.  In fact I've read the book six 
> times because I've read Peters four times and yours twice that 
makes 
> six times.
>  
> ALAN DERSHOWITZ:
> Did she make this point?
>  
> NORMAN FINKELSTEIN:
> Of course. 
>  
> AMY GOODMAN:
> I'm going to interrupt a second because stations have to make their 
> point which is they have to identify themselves.  We'll come back 
if 
> you can stay with us for the show, we will continue this discussion 
> our next guest will ask him to wait we'll do interview after the 
> program I think this is too important.  We're talking to Alan 
> Dershowitz his new book is called The Case for Israel he is 
debating 
> Norm Finkelstein his books are the the Holocaust Industry and the 
> Israel-Palestine Conflict. Stay with us. [MUSIC BREAK]
>  
> AMY GOODMAN::  I'm Amy Goodman and we're talking with Professor 
Alan 
> Dershowitz his new book is called The Case for Israel. Mario Cuomo 
> writes, "Alan Dershowitz detailed and penetrating analysis of the 
> issues that fuel the continuing war in Israel should be read by 
> everyone".
> 
> Norman Finkelstein's book The Holocaust Industry has a 
recommendation 
> on the back by Raul Hilberg who is the leading Holocaust historian 
in 
> this country. And he says, "when I read Finkelstein's book at the 
> time of the appearance I was in the middle of my own 
investigations. 
> I came to the conclusion he was on the right track I refer now to 
the 
> part of the book that deals with the claims against Swiss banks." 
I'm 
> jumping ahead. He says, "I am by no means the only one who in the 
> coming months or years will totally agree with Finkelstein's 
> breakthrough."
>  
> ALAN DERSHOWITZ::  Let me focus on the 2,000 or 3,000. This is such 
> an obvious point. What is the context I'm arguing. I'm arguing that 
> lots and lots of Arabs in distinction to what Chomsky said were 
told 
> to leave by their Arab commanders. Obviously it's in the interest 
of 
> that argument to maximize the number who would leave. Only an idiot 
> would deliberately minimize the number who'd leave 
>  
> AMY GOODMAN: Let's refrain from ad homonym attacks.
>  
> ALAN DERSHOWITZ:: I'm talking about myself now. I would have been 
an 
> idiot had I used 2,000 when actual number was 2 to 300. If you 
wanted 
> to make an accusation you would say instead of saying 2 to 300. He 
> said 4-500,000. Remember the argument, the argument I'm making is 
> that lots of the Palestinian refugees left, left as the result of 
> orders from their leaders during this period of time. So my 
incentive 
> if we take Mr. Finkelstein would be to exaggerate the number. Now 
he 
> accuses me of reducing the number by 100 fold. Obviously there are 
> only two possible explanations.
>  
> NORMAN FINKELSTEIN: You asked me for factual errors.
>  
> ALAN DERSHOWITZ: Why would anyone make a factual error...
>  
> NORMAN FINKELSTEIN:  I don't know.
>  
> ALAN DERSHOWITZ:: That would hurt their position. It's the 
stupidest 
> allegation.
>  
> NORMAN FINKELSTEIN: Mr. Dershowitz with all due respect with all 
due 
> respect I cannot understand for the life of me why someone with 
your 
> reputation and with your accomplishments would cobble together a 
> fraud. That to me is the most perplexing question.
>  
> ALAN DERSHOWITZ:  Let me ask you a direct question.
>  
> AMY GOODMAN:  We only have ten minutes. We want to go to content.
>  
> ALAN DERSHOWITZ: Am I right or am I wrong that it would serve the 
> interests of my argument to over state rather than to under state 
> that figure?
>  
> NORMAN FINKELSTEIN: Mr. Dershowitz there is no argument there. 
There 
> are no arguments in your book. Your book is a collection of fraud, 
> falsification, plagiarism and nonsense. 
>  
> AMY GOODMAN:  We're going to close both microphones.
> We're going to go through this in a civilized way over the next ten 
> minutes. You have laid out a challenge professor Dershowitz on 
> Scarborough country the program on MSNBC you said if anyone can 
find 
> factual error in the book we're not talking spelling errors, that 
you 
> will give $10,000. Sorry?
>  
> ALAN DERSHOWITZ: I'm prepared to do that.
>  
> AMY GOODMAN: Now I'm going to interrupt. This is a major challenge 
> You put it out on television. Norman Finkelstein you have laid out 
> one error.
> Whoever is interest it served you did respond. You said 2 to 3,000 
> quoting /citing Benny Morris, Israeli historian in fact he said two 
> to 300,000 Arabs.
>  
> ALAN DERSHOWITZ:  Let me make the point that I do make an argument
> Here is the argument I make. I make the argument that the issue is 
a 
> complex one of the refugees that in fact many of the refugees of 
the 
> 700,000. 
>  
> AMY GOODMAN: But, you're citing Benny Morris. He made a different 
> point than you did.
>  
> ALAN DERSHOWITZ: He made a point that strengthens my argument.
>  
> AMY GOODMAN:: But it's wrong in your book. Whether or not it 
> strengthens.
>  
> ALAN DERSHOWITZ: Let me be very clear.
> If you make- I do make an argument. My argument it's very serious, 
> that many of the Palestinians were told to leave by the commanders. 
> If in fact 200,000 were told to leave instead of 2,000, that 
> strengthens my argument. That is argument that I make. If the book 
> says 2,000 to 3,000 there were only two explanations. Either it is 
a 
> typographical error or I have to check the book obviously, I was 
> referring to a smaller phase. But it would be ridiculous for 
anybody 
> to understate when the purpose would be to overstate.
>  
> AMY GOODMAN: Okay. Let's leave that and go to another point.
>  
> NORMAN FINKELSTEIN: What I'm going to do for the interest of time 
and 
> trying to be respectful of Professor Dershowitz is I'll simply 
quote 
> your statements in the book one after another slowly. You can 
simply 
> stop me and say, I can prove that or I have the evidence. Okay? 
> Simple. Page 206 you write, "Israel is the only country in the 
Middle 
> East to have abolished any kind of torture in fact as well as in 
law."
>  
> ALAN DERSHOWITZ: Absolutely.
>  
> NORMAN FINKELSTEIN:   Let's start with that one. Israeli Center for 
> Human Rights in the Occupied Territories has a website. I follow it 
> quite closely. I went to the website and I checked under the 
heading 
> for torture. I would ask again Amy Goodman rather than myself to 
> simply read the first sentence for the latest issue of that and if 
> she wants to continue down.
>  
> AMY GOODMAN:: It's called B'Tselem Israeli Information Center for 
> Human Rights in Occupied Territories.
>  
> NORMAN FINKELSTEIN:   Please keep in mind he said, Mr. Dershowitz 
> said "in fact as well as in law".
>  
> AMY GOODMAN:: The first headline says, "torture. Interrogation by 
> torture is absolutely prohibited by Israeli and international law. 
> Despite this, Israeli security forces breached the prohibition and 
> torture Palestinians during the interrogation."
>  
> ALAN DERSHOWITZ: I would disagree with that. We have a reasonable 
> dispute about that. What Israel does and what Israel did until 1999 
> was what the United States is now doing on Guantanamo Bay. That is 
> they put people in uncomfortable "shabach" positions, they put 
hoods 
> over their head, often foul smelling hoods, they play loud music, 
> there's a cover story in the Atlantic Monthly this month which 
talks 
> about rough interrogation techniques. It describes what the United 
> States is doing and it says that Israel used to do that, some 
> possibility it continues to do it. That's simply not the kind of 
> torture that international law prohibits and in fact my point is, 
in 
> Jordan torture is routine, in Egypt it's routine.
>  
> NORMAN FINKELSTEIN:   Definitely.
>  
> ALAN DERSHOWITZ: The Israeli Supreme Court already took an 
> extraordinarily courageous decision in 1999, it's online, in which 
> Justice Barak said that as democracy we must try terrorism with one 
> hand tied behind our back but in the end we have the upper hand. 
> Because we comply with the rule of law. Israel is to be commended 
for 
> its attempt to regulate and control the torture of ticking bomb 
> terrorists.
>  
> AMY GOODMAN: You stand by your statement that they do not torture, 
> Norman Finkelstein.
>  
> ALAN DERSHOWITZ: And that the Supreme Court has abolished it and if 
> anyone were to engage in an act that gave the possibility of 
torture 
> they would be in contempt of court
>  
> NORMAN FINKELSTEIN: Mr. Dershowitz.
>  
> AMY GOODMAN:You have six minutes. Less than six minutes to go.
>  
> NORMAN FINKELSTEIN: Amnesty International, whom I know you think is 
> an untrustworthy source, Human Rights Watch, B'Tselem they all 
reach 
> the same conclusion.
>  
> ALAN DERSHOWITZ:  and they're wrong.
>  
> NORMAN FINKELSTEIN: Israel still continues to practice law.
> You can say they're wrong but let's be clear. Sir, I'm not going to 
> debate- 
>  
> ALAN DERSHOWITZ: What do you define as torture?
>  
> NORMAN FINKELSTEIN: I'm not an an expert in the topic.
>  
> ALAN DERSHOWITZ:  certainly not. Yet you're making accusation.
>  
> NORMAN FINKELSTEIN:   I don't make the accusation, Mr. Dershowitz 
> you're confusing things. I go to the mainstream respected human 
> rights organizations and I look at what they say.
>  
> ALAN DERSHOWITZ: Let me talk about amnesty 
>  
> AMY GOODMAN:  You have a number of points here. We have five 
minutes 
> to go.
>  
> ALAN DERSHOWITZ: I need to respond
>  
> AMY GOODMAN:: You did respond. You have 30 seconds to respond.
>  
> ALAN DERSHOWITZ: Amnesty international- 
>  
> NORMAN FINKELSTEIN:   I am quoting B'Tselem 
>  
> ALAN DERSHOWITZ: ...recently said that Aharon Barak should not 
> receive an international prize because he doesn't believe in human 
> rights.
> He is one of the greatest advocated of human rights, they also-
>  
> AMY GOODMAN:  Alan Dershowitz let me ask you a question.
> I'm going to interrupt because you're on another point. B'TSELEM, 
you 
> just think it's wrong.  Norman Finkelstein, next point. We have 
four 
> minutes to go.
>  
> NORMAN FINKELSTEIN: Number two, you write on page 126 "there is no 
> evidence that Israeli soldiers deliberately killed even a single 
> civilian in Jenin."
>  
> ALAN DERSHOWITZ:  Absolutely.
>  
> NORMAN FINKELSTEIN: Now, Mr. Dershowitz, I looked carefully at your 
> book. You don't like Amnesty International.
>  
> ALAN DERSHOWITZ: I'm a member and contributor to Amnesty 
> International.
>  
> NORMAN FINKELSTEIN: and you don't particularly like B'TSELEM
>  
> ALAN DERSHOWITZ: If I were an Israeli I'd belong to B'TSELEM. So 
> don't characterize my views, you don't know my views.
>  
> NORMAN FINKELSTEIN: I read your book. Or the book you purport to 
have 
> written.
>  
> ALAN DERSHOWITZ:Now you claim somebody else wrote it?
>  
> NORMAN FINKELSTEIN:   I hope so. For your sake I truly hope you did 
> not write this book.
>  
> ALAN DERSHOWITZ: I proudly wrote it.
>  
> NORMAN FINKELSTEIN: I think the honorable thing for you to do would 
> be to say I didn't write the book, I had no time to read it. I'm 
> sorry.
>  
> ALAN DERSHOWITZ: I wrote every word of it.
>  
> AMY GOODMAN: Okay, you made the point about Jenin and whether or 
not 
> the Israeli soldiers-
>  
> ALAN DERSHOWITZ: Deliberately shot a civilian. 
>  
> NORMAN FINKELSTEIN: Let's quote Human Rights Watch. They put out an 
> extensive report on Jenin. Now, Human Rights Watch, you no where in 
> the book mention, no where - Let's see what Human Rights Watch 
> concludes, quote, "there's prime facie evidence that Israel 
> committed, quote, war crimes in Jenin." Further, quote, "I want 
> everyone to listen carefully, many of the civilian killings 
> documented by Human Rights Watch are mounted to unlawful or willful 
> killings by the IDF." Please listen to the words. Willful killings. 
> And then 
>  
> ALAN DERSHOWITZ:I've listened to the words and I deal with this 
very 
> directly in my book.
>  
> NORMAN FINKELSTEIN: Then Human Rights Watch copiously documents 
> multiple cases of willful killings by Israel. What did Mr. 
Dershowitz 
> write? There's not a single case of-
>  
> ALAN DERSHOWITZ:  There's not a single case of- Not only in Jenin 
> Let me tell you why I make my point. Because there is absolutely no 
> incentive for the United States or Israel or for any other 
democracy 
> ever willfully to kill an innocent civilian. Every time an innocent 
> civilian is killed it hurts Israel, hurts it domestically and- 
>  
> Let me finish my point, every country engaged in urban guerilla 
> warfare will inadvertently kill civilians. But the very idea that 
an 
> Israeli soldier who are trained in the idea of the holiness of 
arms, 
> who get better training about avoiding- 
>  
> AMY GOODMAN:  We have one minute.
>  
> ALAN DERSHOWITZ: Who are punished for... 
>  
> AMY GOODMAN: Let Norman Finkelstein respond, you are making the 
point 
> that  in general you wouldn't think they would- 
>  
> NORMAN FINKELSTEIN:   A very lovely bar mitzvah speech.
>  
> ALAN DERSHOWITZ: That's a little ad homonym, I would think.
>  
> NORMAN FINKELSTEIN:   Human Rights Watch wrote, quote, "among the 
> civilian deaths were those of Kamal Zgheir" listen carefully "a 57-
> year-old wheelchair bound man who was shot and run over by a tank 
on 
> a major road outside the camp on April 10 even though he had a 
white 
> flag attached to his wheelchair." That sounds pretty deliberate to 
> me, Mr. Dershowitz.
>  
> ALAN DERSHOWITZ: If it's true.
>  
> NORMAN FINKELSTEIN: The whole world is lying only Joan Peters tells 
> the truth.
>  
> ALAN DERSHOWITZ: First of all, Joan Peters has never written about 
> this issue. This issue is one where not only Israeli military but 
> United States has investigated Jenin, the United Nations has 
> investigated Jenin.
> Some of the-
>  
> NORMAN FINKELSTEIN:   Did they make up that example? Let's get this 
> clear. Did Human Rights Watch make up that example?
>  
> ALAN DERSHOWITZ: No, that was- 
>  
> NORMAN FINKELSTEIN: Mr. Dershowitz this is disgraceful. You're 
> shaming the institution.
>  
> ALAN DERSHOWITZ:
> Not a single one!
>  
> NORMAN FINKELSTEIN:   Did Human Rights Watch make that up?
> Did it make it up!
>  
> ALAN DERSHOWITZ: Let me continue.
>  
> AMY GOODMAN:  On that note, we're wrapping up the program. 
Professor 
> Dershowitz let me ask this question.
> Did you investigate the human rights watch report?
>  
> ALAN DERSHOWITZ:  Of course I did. I read it. 
>  
> AMY GOODMAN: You found that to be incorrect.
>  
> ALAN DERSHOWITZ:  Not only that the United States government found 
> that to be incorrect.
>  
> AMY GOODMAN:: On that note we have to wrap up the show.
> Thank you both for being with us. Alan Dershowitz The Case for 
Israel 
> Norman Finkelstein, The Holocaust Industry. You decide. Our website 
> www.democracynow.org. I'm Amy Goodman, thanks for joining us.


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