52
THE DETROIT JEWISH NEWS
Friday, February 1, 1985
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I
I
protect his country from what he
portrayed as the semi-fascist ex-
cesses of Sharon.
According to Halevy, "My Is-
rael is not the Israel of Arik
Sharon. I believe in a just and
democratic state which will be a
safe home for all Jews. I believe
that Mr. Sharon stands in contra-
diction to all three values."
In his testimony, Halevy spoke
proudly of his service in the 1973
war and how he had returned to
the front against orders after be-
ing,wounded in the neck. He said
the thing that angered him most
about the summation by Gould
was that the lawyer seemed to
suggest that he had exaggerated
his account of his war record.
Said Halevy of Gould, "I felt
ashamed for him to see how some-
one who pretends to be fighting
this case on behalf of the Jewish
people would launch this kind of
personal attack on an Israeli boy
who fought for his country."
Yet, Halevy, the ultimate Is-
raeli insider who knew everyone of
consequence in the country's poli-
tical and military elites, who was
rumored to have been in the Mos-
sad, and who had acted for a time
as an advisor to Shimon Peres,
seemed to harbor some ambi-
guous feelings about the country
he loved. In a letter to Richard
Duncan, Time's chief of cor-
respondents,- written in May 1984,
_ Halevy deplored the "vindication
of Arik Sharon" along with "other
signs of mysticism, fascism, and
radicalism" in Israel and said that
he had ceased to be "part of this
country and its people."
Halevy requested in the letter
to Duncan that he be reassigned
by Time outside Israel because he
felt that he had lost his objectivi-
ty due to intense personal involve-
ment with the fate of Israel. Last
week Time announced that
Halevy would be reassigned to
Time's Washington bureau after
he takes a short vacation.
Both Sharon and Halevy ap-
peared at times during the trial to
be idealists, witkeach impelled by
sharply differing visions of what
Israel should be. Yet both men
also revealed themselves as stand-
ing upon feet of clay.
Sharon came across as Sharon
a brusque, dominating and in-
tensely ambitious powerhouse of
a man who has clearly convinced
himself that he is destined to run
Israel and to mold the country in
his image. While Sharon was suc-
cessful in proving that Timc had
erred in reporting that he had dis-
cussed revenge with the Gemayels
; the day before the massacres at
Sabra and Shatilla, he did nothing -
to dispel the conclusion of the
Kahan Commission that he ought
to have known that widespread
killings of civilians would take
place if he ordered into the camps
the grief stricken and infuriated
cohort of Bashir Gemayel.
Halevy's credibility was com-
promised, even for those sym-
pathetic to his ideals, by his evi-
dent failure as a journalist. Ha-
levy was revealed as a reporter
willing to publish an assertion
that the Defense Minister of
Israel had given the green light 11
for a massacre based, he later ad-
mitted, on little more than "my
analysis based on 42 years of liv- I
ing in Israel."
Halevy's evident willingness to
cut corners in his reporting, to
write that Appendix B contained
Sharon's supposed discussion of
revenge, without any conclusive.
evidence that the discussion was
really in the document fatally I
damaged his case.
In the end. desp:;A: the verdict
in favor of I imf there is little
doubt that it was Ariel Sharon
A
who benefitted the most from the
, trial. Sharon was successful in
achieving his aims because it was
he who set the agenda.
Sharon knew from the day in
February 1983 when he first filed
suit that Time's paragraph was in-
correct — that there was nothing
about him discussing revenge
with Phalangists in Appendix
or any other document in the
hands of the Kahan Commission.
Thus Sharon was able to focus
the courtroom proceedings almost
entirely on the truth or falsity of
Time's reporting and to ensure
from the beginning that the trial,
would not become an inquest in-
to the wisdom of his decision to
send the Phalangists into the
camps or, for that matter, to
launch the Israel Defense Force
on an open-ended expedition into
Lebanon that has led to the
deaths of more than 600 Israeli
soldiers and only now appears
drawing toward a close.
Two years ago next week, when
the Kahan Commission reporte
that he was indirectly responsible
for the murder of an estimated
600-800 civilians in the Sabra and
Shatilla refugee camps, many in
Israel and abroad were quick to
write the political obituary of
Ariel Sharon. But Sharon's im-
pressive performance in a cour-
troom 6,000 miles from home has
put the finishing touches on an
even more impressive overall com-
eback, and today it is obvious that
this self-described 'old soldier' is
-.going to play a leading role in de-
termining the future course of thej
country for which he had foughfl
so long and so passionately.
MEDIA MONITOR
Fallacy In The Law
BY BERL FALBAUM
Special to The Jewish News
The fallacy of the U.S. Supreme
Court decision which established
a malice doctrine for libel cases
involving public officials was
never more evident than in the
suit filed by former Israeli Gen-
eral Ariel Sharon against Time
magazine.
In that case, the jury last week
decided that the story involving
Sharon was defamatory and in-
accurate but it did not find Tim
guilty of malice as required under
the court decision and thus Sha-
ron lost his libel case.
He lost despite the fact that the
jury, in a very unusual statement,
pointed out that the Time reporter