People Hate Mourning Jews

It is hard for me to see a picture of Kfir Bibas and not see my baby.

The news that Kfir Bibas and his family were murdered by Hamas is, of course, wrenching. And for me, at least, it intersected with two of my greatest fears. Of course, there is the fear of harm befalling my son or another a loved one. But there is also the more specific worry, which I've discussed before, of having a loved one die "politically" -- that is, in a context where their death inevitably becomes part of a broader political dispute. It is both unavoidable and unspeakably cruel that Kfir Bibas' death are part of politics now -- the politics of Hamas' depravity, the politics of the horrors of the Israel/Gaza War, the politics of the future of Israel and Palestine where, God willing, nobody will have to experience what the Bibas family has endured.

And it is not just the Bibas family, but the entire Jewish world, who is mourning Kfir's death. And, because we are Jews, that means that some people -- sometimes other Jews -- will tell us we are mourning Kfir wrong.

One way we might be "wrong" is if we have the temerity to focus, for even a short spell, just on the Bibas family. Don't we know others have suffered too? Are you saying that Jewish lives matter more? How tribal, how cloistered, how gauche, to not use this moment to make a statement about the universal value of all human life.

But another way we might be "wrong" is if we do mourn Kfir Bibas by reference to the universal value of all human life -- and in particular, of both Israeli and Palestinian life.

The New Jewish Narrative's statement mourning the deaths of Oded Lifschitz and Ariel, Kfir, and Shiri Bibas spoke in this register. It described the Bibas family as "distinct symbols of the human cost of this conflict," and averred that their "tragic deaths are a painful reminder of the unspeakable loss that this war has wrought." They juxtaposed Ariel and Kfir alongside Hind Rajab and infants in Al-Nasr Hospital. They concluded by renewing their commitment to "a future where children on both sides of the fence grow up safe, free from the horrors of war."

I am not the Bibas family, and I do not purport to speak for them. I can only speak for my own grief, and for me this was a message that spoke to my grief. But I've seen other Jews who were aghast by this statement, who were furious that NJN would use such universalist tones rather than concentrate solely and exclusively on the Bibas children.

Their complaint styles itself as one objecting to "All Lives Mattering", but notice that this isn't quite right. The NJN did not, anywhere in its statement, reproach those who decided this week to speak specifically and distinctively about the Bibases. They did not say that there was something improper or tribal or provincial about having that focus, or that Jews have some unique obligation to transcend their Jewishness and speak solely in universalist tones. They just chose, as an expression of its own Jewish voice, that they would make this universal connection. For them, the way to mourn Jewishly is to draw out this more expansive desire that Jewish children and Palestinian children be free from the horrors of war. If that is "All Lives Mattering", then any project of political solidarity and fellowship is, and I can hardly imagine a more short-sighted and self-destructive commitment than that.

When choosing that framing is presented not as a choice at all but as an implacable obligation, there is a problem. But when choosing that framing is presented as an impermissible option that betrays Jewish peoplehood, there is a problem as well. That Jews (or anyone else) are not obligated to always frame their suffering in universal tones does not mean that Jews should be forbidden from electing, of our own volition, to draw out those connections. The latter move is just as stifling as the former.

When I see a picture of Kfir Bibas, I see my baby, whom I love and cherish and would be shattered if he came into any danger or peril. And I know that every baby has parents who feel the exact same way, who would be shattered in the same way -- and how could I wish such a horrible fate upon any parent? When I imagine how horrible it would be for me, I imagine how horrible it would be for them, and my instinct is to think on ways to avert the horrors for us. If, God forbid, something did happen to my family, I hope nobody would begrudge me for concentrating specifically on my family. But I also hope that if I chose to rededicate myself to trying to prevent similar tragedies from befalling other families and other communities not mine, that that choice would not be begrudged either.

Falling on the Reputational Grenade, Part II

The other day, I had the thought that, sometime in the next four years, we will likely see the first legal filing by a government lawyer that will include some AI-hallucinated citations. Leaving aside that this is already happening with private firms (including sizeable ones) and so it only seems a matter of time, we also are entering the realm of overconfident and underqualified tech bros ransacking their way through Washington. AI-generated legal briefs are exactly the sort of "optimization" I can imagine Musk and his DOGE youth pushing out onto the bureaucracy, with predictably farcical results.

Generally, courts have responded rather mercilessly to lawyers who've submitted AI-generated hallucinated cases. Their reputations are ruined, and the underlying case is permanently discredited. And that thought got me thinking -- what would happen if an enterprising government lawyer decided to sabotage their own case by deliberately inserting AI-hallucinations into it?

Imagine the birthright citizenship case -- already viewed as a legal non-starter, with the usual conservative guns-for-hire flailing about trying and failing to whip up an even halfway plausible mechanism for circumventing the constitution's clear text and history. In court, the DOJ files a brief citing some late 19th century caselaw that seems to endorse a narrower view of the citizenship clause than currently prevails ... but it turns out that the citations are all made up.

Such a move would detonate the Department's credibility. As a form of internal sabotage, it would be devastatingly effective -- but (in here's the rub) only if the public didn't know it was sabotage. If the ruse was revealed, the plan doesn't work (having one's own attorney deliberately sabotage your case is not the sort of thing held against the client). But if the public remains unaware, the attorney who made the "mistake" would have committed career suicide twice over -- first, in putting his name on a defense of whatever neo-fascist Trump policy is before the court, and then second being a public laughingstock by "defending" it via inept use of generative AI.

During the first Trump administration, I wrote about actors who were knowingly wrecking their reputation by working in the Oval Office on the (probably correct) theory that if they didn't do it, someone worse would. They knew that history would view them as a villain, and accepted that judgment in order to avert greater evil. The above example is a perhaps even more extreme case -- a sort of reputational suicide bomber. The attorney would sabotage some great evil, but at the cost of everyone for all time thinking of him as Trump's most incompetent lickspittle.

We saw recently a longtime DOJ attorney, Ed Sullivan, agree to file a motion to dismiss the Eric Adams indictment, reportedly to avert a complete and total purge of the Public Integrity Unit by one of Trump's cronies. The order to dismiss the Adams case had already led to widespread resignations over what was transparent quid-pro-quo corruption -- trading non-prosecution in exchange for Adams' cooperation in enforcing Trumpist immigration policies. Sullivan reportedly agreed to fall on the grenade so as to spare his colleagues; this has in turn generated a roaring debate over whether Sullivan was right to do so or should have forced Trump's lackey to fully reenact the Saturday Night Massacre. I don't here make any judgment on which side of that debate got things right. But we're going to see more difficult questions as those on the inside consider how to resist abuse and forestall catastrophe. And while we like to imagine that the "right" choice at least comes with the perk of being viewed heroically, the more interesting choices may be ones where it is precisely one's reputation that must be sacrificed in order to truly avert the greatest evil.