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RESPONSE from ERETZ HAKODESH BEFORE the TRIBUNAL of the AMERICAN ZIONIST MOVEMENT MERCAZ USA, Complainant, V. the COORDINATING C

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RESPONSE from ERETZ HAKODESH BEFORE the TRIBUNAL of the AMERICAN ZIONIST MOVEMENT MERCAZ USA, Complainant, V. the COORDINATING C RESPONSE FROM ERETZ HAKODESH BEFORE THE TRIBUNAL OF THE AMERICAN ZIONIST MOVEMENT MERCAZ USA, Complainant, v. THE COORDINATING COUNCIL FOR THE JEWISH HOMELAND/ERETZ HAKODESH, Respondent. TO THE CHAIR AND JUDGES OF THE TRIBUNAL: The Coordinating Council for the Jewish Homeland (“Eretz Hakodesh” or “EHK”) hereby submits its Reply Brief (“Reply”) to the Mercaz USA Complaint (“Complaint”) seeking to bar the certification of delegates to and discard the over 20,000 paid and registered votes in favor of the Eretz Hakodesh slate. We respectfully request that the American Zionist Movement (“AZM”) Tribunal dismiss the Mercaz USA Complaint, and consider the enclosed Counterclaim regarding rules violations by Mercaz USA. Mercaz USA, in its Complaint, makes three overarching claims against Eretz Hakodesh: 1. That the vision for Zionism offered by Eretz HaKodesh is illegitimate, and not acceptable for a slate of delegates for the World Zionist Congress under the Jerusalem Program; 2. That Eretz Hakodesh and its leadership made false and misleading statements, declarations and submissions to the Area Election Committee (“AEC”) and AZM itself; and 3. That Eretz Hakodesh and its leadership made false and misleading statements in articles, interviews and advertising materials targeting its potential delegates and voter base. First of all, the Mercaz Complaint is entirely baseless, as we will explore in detail herein. The initial application of Eretz HaKodesh for a slate in this election, and the endorsement of the Jerusalem Program, were entirely truthful and accurate. The advertising, public relations, and voting were as well. But even besides the fact that the Complaint was false, it was also futile: Mercaz USA took upon itself an impossible mission. There has already been a case in this election cycle in which it was proven that two slates had endorsed a vision of Zionism less than fully compatible with the Jerusalem Program, and further, had told potential voters they need not truly endorse the ​ ​ Jerusalem Program, but are “simply acknowledging that it is the platform of the WZO” (see “Second Supplement to Complaint Against Hatikvah for Urging Ineligible Persons to Vote” from the ZOA, attached hereto as Ex. V). The head of one of those slates responded that given that the Jerusalem Program is the result of a “negotiated compromise,” “it is not surprising that people are uncomfortable with the specific wording of the Jerusalem Program and the framing of Zionism” (see “Hatikvah response to ZOA complaint re voter ineligibility,” attached hereto as Ex. W). This meant that a person could in theory disagree with each and every detail of the Jerusalem Program, and still, according to that slate, vote legitimately. And yet the AZM Tribunal ruled, even in that extreme case, that “The Tribunal cannot determine the personal thinking behind any individual’s acceptance of the Jerusalem Program. Therefore, absent any clear statement that a registrant does not accept the Jerusalem Program, there is a presumption that those who indicate on the registration form they accept the Jerusalem Program have done so properly” (see “AZM Tribunal Report 2.24.2020,” attached hereto as Ex. X). The applicability of that ruling to the accusation of Mercaz USA against Eretz HaKodesh is obvious. Mercaz USA’s false claim against EHK of a “deliberate campaign to seek proposed delegates and voters by stating, repeatedly, that participation… was not really an affirmation of Zionism” is precisely that which was acknowledged to be true by the other slate — and ​ ​ nonetheless the Tribunal stated that it cannot invalidate votes on that basis. So what, then, is the difference? Mercaz USA argues that in this case, seeking a slate itself was based upon a “blatantly false and misleading statement,” and that “the false and misleading statement of Eretz HaKodesh in its application to submit a slate” is what “precludes application of the assumption that the bona fides of those participating should generally be accepted.” This is a ridiculous and baseless assertion. If a slate nominated candidates and encouraged voters to vote without approving the Jerusalem Program, as the other slate surely did, then whether the original application was fully sincere is irrelevant. And conversely, it is extremely difficult to argue that simply because the person who filed the original application was not fully sincere, an entire slate of truly sincere candidates and voters should be invalidated. It is more logical to regard the mindset of the head of the slate as consistent throughout — if the encouragement to vote was based upon a false premise, then the application likely was as well, and vice-versa. And this returns immediately to the pre-existing determination by the Tribunal that it will not engage in mindreading. Thus the Tribunal should have thrown out the Mercaz USA Complaint at first reading. And finally, it is profoundly offensive for Mercaz USA to demean CCJH/Eretz HaKodesh and its Chairman with this particular accusation. After over twenty years of involvement with the AZM elections as the Executive Vice President of the National Council of Young Israel, Rabbi Pesach Lerner provided an application that fully and honestly detailed the reasons why he was applying to create a new slate. This application was accepted unanimously by the AZM’s Area Election Committee. If, as the Tribunal has already stated, it is impossible to second-guess a person’s sincerity when simply checking a box, this is all the more true when presented with a detailed essay that clearly explains that individual’s position. So the entire Complaint against Eretz HaKodesh is not merely categorically false and libelous, but also requires a clear and compelling double standard to even entertain. And as we will see, this same obvious lack of objectivity lies behind the details of the Complaint as well. Mercaz USA has offered untenable new interpretations and invented new rules which, if applied uniformly, would genuinely invalidate several of its allied slates, yet not that of Eretz HaKodesh. So what is really happening here? Mercaz USA has unmasked its own anger and intolerance towards Eretz HaKodesh and our voter base, contrary to the “mutual respect for the multi-faceted Jewish people” mandated by the Jerusalem Program. This is not merely true of the Complaint before the Tribunal. We learned the following while researching our response: 1. A core element of Mercaz USA’s appeal to its own voters was to call for participation “if you object to the ultra-Orthodox’s monopoly on religious life” (see Mercaz Two-Pager, ​ ​ attached hereto as Ex. D). Common Halachic standards shared by all Orthodox Jews, whether charedi or Modern Orthodox, as well as traditional and tradition-minded Jews from Sephardic countries and elsewhere, were depicted as “ultra,” extremist, and this was used to denigrate and demean Eretz HaKodesh and our voter base, and an entire vibrant, identifiable segment of the global Jewish community. 2. Mercaz USA even expressed the belief that charedi Jews do not belong in the democratic process. 3. Despite all of their efforts to convince followers that these elections were absolutely crucial, nearly 99% of the 1.35 million Jews purportedly impacted by their movement (per ​ ​ ​ the home page of the United Synagogue, uscj.org) simply didn’t vote. Meanwhile, Eretz HaKodesh, a new, all-volunteer slate with no organizational backing, created by those same charedi/“ultra-Orthodox,” garnered over 20,000 votes and the 3rd-largest block of delegates – 36% larger than the tally for Mercaz USA. This is why Mercaz has now filed a complaint against Eretz HaKodesh, appealing to the AZM Tribunal to turn back the clock and reject a slate that has done nothing more nor less than conform precisely to the vision initially shared with the AZM in May of 2019, when our application to join – including our version of the “unique Zionist philosophy” requested of each slate – was accepted, along with the requisite application fee, without the least qualm or concern. Our response, then, will consist of four components: 1. Reply Part I - Demonstrating that Eretz HaKodesh made true and accurate statements and certifications to the AZM, the Area Election Committee, and to voters, offering a vision for historical, traditional Zionism that unifies Jewish supporters of Israel and comports with the Jerusalem Program. 2. Reply Part II - Illustrating how other slates engaged in precisely the behaviors that Mercaz USA now wishes to assert are prohibited, and in very obvious fashion. This is true in particular of both the ARZA and HaTikvah slates, which have shared goals and frequently collaborate with Mercaz USA. 3. Reply Part III - Addressing the Complaint allegations filed by Mercaz USA in detail. 4. Filing our Counterclaim against Mercaz USA for clear violations of the rules for this election, that were discovered while performing necessary research in preparation for this Reply brief. It is important that all sections, especially I through III, be read sequentially, as they build upon each other and reference each other. We attach, as well, a collection of Exhibits referenced in the above sections, as well as an Addendum, a collection of letters submitted by individual candidates expressing their personal attachment to Israel and the Jerusalem Program. Section I: Eretz HaKodesh made true and accurate statements and certifications to the ​ AZM, the Area Election Committee, and to voters, in compliance with the Jerusalem Program. 1. There are many definitions of Zionism. The oldest is found in Torah. The Jerusalem Program specifically references the Jewish People’s extraordinary “bond to its historic homeland Eretz Yisrael.” Whence this particular bond, if not the Torah and the Jewish Bible? The Jerusalem Program says this explicitly as well, stating that Israel’s “unique moral and spiritual character” should be “rooted in the vision of the prophets.” It is true that many secular Zionists envisioned their beliefs as something apart from traditional Judaism, and certain of them were extremely hostile to traditional Judaism.
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