Karsenty Wins Court Decision!!

More details to follow. But word from Paris is that the court dismissed charges against Philippe Karsenty today. Now we get to see how the French (and Western) MSM handle this. It’s a stunning victory for Karsenty and loss for Enderlin and France2 who initiated this case when they didn’t have to.

In order for an appeals court to reverse a decision, they must have strong evidence to the contrary.

The fact that they did indicates that their written decision will be very critical of France2. The implications of this decision are immense. We’ll be following up in the days, weeks and months to come.

In the Emperor’s New Clothes when the boy (Shahaf, Juffa, Poller, me, Karsenty) said the emperor (France2, MSM) is naked, the father turned on his son and tried to hush him. But someone else then says, “Listen to the boy!” That happened today in Paris.

UPDATES:

AP in Nouvel Observateur

Juffa in MENA

Israel Matsav

Franceinfo in which Maitre Amblard, the lawyer for France2 suggests that her clients are seriously considering appealing the decision to the “cour de cassation.” Those whom the gods would destroy, first they drive mad.

Breath of the Beast: brilliant analysis by a man I’m proud to call my associate.

Noah Pollack at Commentary’s blog, Contentions.

Ed Lasky at American Thinker.

Haviv Rettig at the Jerusalem Post: Rettig’s is the most informative item out so far, with responses from both Karsenty and Enderlin/France2 (who seem like they’ll take this to the supreme court).

Phyllis Chesler, an interview at Pajamas Media.

Tom Gross at the Media Blog of NRO

AP, typically about six steps behind the curve (still discussing who killed the boy).

Liberation: which has some of the language of the court decision including the observation that, athough the claims of Karsenty were indeed defamatory in that they struck at the honor and reputation of the “information professionals”, given the impact of the images, it was nonetheless legitimate for an agency of media critique to to call into question the manner in which the footage was filmed and diffused, and that the court’s close examination of the rushes has led it to believe that they cannot dismiss the claims of professionals heard in the course of the hearings who had put the original report in doubt. Promising.

Le Point: good article, extremely interesting comments including one from someone who started out supporting Enderlin and then saw the evidence… shades of Dreyfus.

IsraelValley: French, short, refers to Karsenty’s interview on Radio J.

Enderlin’s blog: where he promises to take this to the highest court.

Véronique Chemla at Guysen: the most extensive and annotated discussion (as usual).

Gérard Huber on his own blog: characteristically enigmatic (he refers to the “Al Durah Enigma” rather than “Affair”). I’ll try my hand at translating one passage:

Cette fuite devant le traumatisme de la réalité qui a été préalablement remplacée par un cauchemar éveillé est un des phénomènes les plus inquiétants de la morale civilisée dans une société de culture mondialisée comme la nôtre.

[This flight from the trauma of reality which had been previously replaced by a waking nightmare is one of the most disquieting phenomena of civilized morality in a society of globalized culture like ours.]

64 Responses to Karsenty Wins Court Decision!!

  1. Wonderful news. Just heard it over Kol Yisrael. Waiting for details.

  2. Hershel (Heshy) Ginsburg says:

    Mazal Tov!!! You have worked long and hard for this. Aside from the MSM, even more interesting will be how the Israeli media handle this. The Palestinian apologists (e.g. Gid’on Levy) will argue it doesn’t make a difference since Israel is inherently evil and kills Palestinian kids daily. The rest of the media establishment here will be in a quandary since Enderlein is “one of ours” (theirs, not mine).

    And if I understood Adv. Nitzana Darshan Leitner correctly, this could open the door to some very serious damages suits against France-2, and may get Enderlein kicked out of the Israel Foreign Press Association.

    HG

  3. Anat says:

    Congratulations Philippe; congratulations Richard. What you have both done for truth, justice and peace is immeasurable.

    Richard is right. The implications are immense. Among other things, can France2 be now sued for incitement to murder?

  4. [...] has been no blogger who has followed this as closely as my friend Richard Landes. This is what he had to say after the decision: Now we get to see how the French (and Western) MSM handle [...]

  5. Eliyahu says:

    I suppose Americans wouldn’t want to agree, but it seems to me that there’s as much rationality and factual fairness in France as in the US. And the academic world in the US impresses me with “politically correct” mediocrity in the humanities and social sciences [or just plain mediocrity] whereas in France I see people like Taguieff and the late Jacques Ellul in sociology. RL, you’ve probably read Taguieff’s article on the history of Jewish conspiracy theories which go back to Barruel and the reaction to the French revolution. Taguieff is certainly worth reading, although I could trace the Jewish conspiracy notion back to the NT and Eusebios. Carlo Panella points out that a Jewish conspiracy notion existed in Islam going back to Muhammad’s time when the Jews of Medina were seen as plotting against Muhammad. This was followed by seeing Jews as inspiring the Shi`ite split. Etc.

  6. Eliyahu says:

    To continue, if your info is right, RL, that the court reversed the conviction of Philippe K, this shows a measure of reasonableness and fairness and common sense that is not always found in the American judicial system.

  7. andrew says:

    I am overjoyed with this decision. We should probably not expect anything, in the “attendus” (considering
    that…), going beyond the reasons why Philippe Karsenty is not guilty of defamation. Most efforts from the French (not only !) press will tend toward
    minimizing the meaning of this decision. One should expect, too, that a major part of the press will simply
    not report about the case at all. Allow me to say how much I admire both Philippe Karsenty and Richard Landes: Philippe for the incredible courage with which he faced hostile media (last week, for instance, the French-German channel Canal Plus had a virulent piece against him), Richard for his thorough analyses and for having made it clear that the case was being followed abroad. Thank you to you both.

  8. “The implications of this decision are immense.”

    That has to be the understatement of the year.

    With all the ferocity, might and bullying it could muster, France2 has been exposed for what it is- nothing more than a self serving serving and aggrandizing institution caught playing with the truth without regard for who got hurt.

    The repercussions of this decision will play out for a long time.

    It is ironic that it was Mohammed al Dura who sank what was thought to be the unsinkable France2.

  9. haim says:

    bonjour c une bonne nouvelle pour tt le peuple juif qui voit un petit peu de lumiere au fond du tunnel, mais faut pas se rejouir trop vite j ai essayer de voir les titres sur la plupart des journaux francais a3.30 hr de paris et pas un seul ne parle de cette bonne nouvelle pour nous . et je ne m attenda

  10. haim says:

    ne m attendais pas a autre chose de la part des ces connards la shalom

  11. E.G. says:

    Good news! Well done “Empire boys & girl”!

  12. Joel Pollak says:

    This is the best news in years. Philippe is a hero. And never again can we allow the media to demonize Israel and Jews in this way. Tell the world, shout it from the world: truth will not be a casualty of hatred!

  13. Joanne says:

    Congrats to Karsenty, and to you, RL, for your unwavering support for him. I wonder if the French press will cover the decision at all. I wonder if the American media will.

  14. Sissy Willis says:

    Congratulations, Richard. The minute I first heard about it on PJM, I hurried over here to see if it was really true. The truth will out!

  15. AT says:

    Unbelievable …the mouse has roared!

  16. Lorenz Gude says:

    Bravo – better than I had hoped. For me it is like another children’s story – the Wizard of Oz – which unmasks a little old man manipulating a dramatic illusion. Karsenty is Dorothy who in the end stands up to Enderlin’s flummery and bluster and reveals him for what he is. And thank you RL for using the new medium of the Net to bring this story to public attention.

  17. Rob says:

    This is brilliant news. To be truthful I never expected it. Huge kudos to Karsenty and to RL for having dragged this murky business into the light.

  18. Bill says:

    I was convinced that the court would side against Karsenty knowing that the imagery was likely doctored and faked only. The joy of being a pessimist is when you get it wrong!

  19. Solomonia says:

    Karsenty Wins!…

    The French Appeals Court has come down on the side of Philippe Karsenty and against France 2 and Charles Enderlin in the Muhammed al-Dura fraud case. Details of the decision won’t be known until the written decision is seen, but……

  20. [...] intifada and one that has come to symbolize, in the Arab and European world, Israel’s crimes. Richard Landes, who has been intensely covering this most famous instance of what he calls Pallywood, notes that [...]

  21. Steph says:

    Congratulations! Philippe Karsenty is a man of courage and conviction who, even though he was neither Israeli nor Jewish, saw an injustice and was determined to rectify it. He is a modern Emile Zola. And you Richard Landes, and the other individuals who analyzed the France 2 data and demonstrated and publicized its inauthenticity, are in that same tradition. You never gave up. Your analyses and your fortitude made this victory possible. Ultimately, Charles Enderlin has been defeated by his own dishonest hubris and it is well deserved. But the Israeli government deserves blame too for ignoring this France 2 libel and not extinguishing it before it grew to such toxic proportions that, sadly, the damage it has caused can never be completely undone.

  22. Solomon says:

    Desperate for the formal decision!!

  23. Excellent: Phillipe Karsenty wins the al Durah cas…

    Finally, some justice has been found in this most notorious blood libel. As Richard Landes now reports at the Augean Stables, Phillipe Karsenty has won the case. If you can read French, here’s something about this from Nouvel Observateur….

  24. David M says:

    The Thunder Run has linked to this post in the – Web Reconnaissance for 05/21/2008 A short recon of what’s out there that might draw your attention, updated throughout the day…so check back often.

  25. Soccer Dad says:

    Al-Dura Case Is Overturned!…

    From Augean Stables: Karsenty Wins Court Decision!! More details to follow. But word from Paris is that the court dismissed charges against Philippe Karsenty today. Now we get to see how the French (and Western) MSM handle this. It’s a stunning victor…

  26. fay says:

    kol hakavod
    fay

  27. Nannette says:

    France 2 should compensate all the Israeli families who lost relatives during the Intifada that followed the incitement brought about by Enderlins film.

  28. Adina Kutnicki says:

    This is absolutely wonderful news. In a world where truth is turned upside its head it is a miracle when truth does see the light of day.
    Nevertheless, the pursuit for justice has only just begun. Not to denigrate conservative blogs (which just happen to keep me from going insane), but most people will not even hear about this without it being pushed into the forefront of mainstream media.
    In the same manner in which the Al-Dura blood libel made world headlines overnight, surely there MUST be a way to get this verdict widely published, in tandem with highlighting its profound implications.
    Richard, Mr. Karsenty, take a much deserved bow!!

  29. Al-Dura Fraud: France2′s Suit Dismissed…

    Little Green Footballs

    Good news from Paris, where the suit against whistleblower Philip Karsenty by France2 television (over the Mohammed al-Dura fraud) has been dismissed.
    URL: Little Green Footballs…

  30. Adina Kutnicki says:

    Another thing – get this news into Michele Malkin’s hot little hands. She will make sure to get this onto FOX News.

  31. Mazal Tov! Good things come to those who wait.

  32. Wm T Sherman says:

    Eliyahu:

    I suppose Americans wouldn’t want to agree, but it seems to me that there’s as much rationality and factual fairness in France as in the US.”

    “To continue, if your info is right, RL, that the court reversed the conviction of Philippe K, this shows a measure of reasonableness and fairness and common sense that is not always found in the American judicial system.”

    In the United States this suit would never have been brought in the first place.

    A libel suit brought by a media corporation against an individual, whether a government-affiliated corporation or not, would be laughed out of court, and they know it.

    Find one example of an analogous case in the US, if you can.

    Congratulations on the outcome. The world has become slightly less mad as a result.

  33. Doron Gonen says:

    Yishar Koach!!!!
    G-od bless you!

  34. oao says:

    while congratulations are in order for all those who fought this issue, I am not as convinced of the effects that everybody seems to assume here.

    1. the court did NOT say that channel2 report was fake. rather, it said that karsenty was sincere in accusing it of fakery. enderlin is already stressing this point and it’s probably what the MSM will emphasize.

    2. the damage was already done. we actually have a much older example of this: the protocols of the elders of zion. it was proved a fake, yet it is still used by the arabs and some in the west.

    3. between the images on tv and the legalese of the trial, the former had a much stronger impact and the latter won’t change many minds.

    4. the current dogma and fashion is that israel is the villain and the palestinians are victims, and that evidence counter to the dogma is ignored or distorted to fit it (“this case may have not happened, but so many others happened”, “there is a ‘higher truth’” etc).

    There have been plenty of articles by authors much more knowledgeable and smart than I who have concluded that the west has decided to sacrifice israel to appease the islamists. if that is so, then this decision won’t matter much.

    oao
    http://fallofknowledgeandreason.blogspot.com/

  35. E.G. says:

    see:
    http://www.haaretz.com/hasen/spages/985830.html

    “Francis Szpiner, France 2′s lead lawyer, said he was disappointed with the decision but pointed to nuances in the ruling and said his clients would take the case to France’s highest appeals court.

    “One cannot make the ruling say what it did not – because the court states that Karsenty did not provide proof of his allegations,” he said.”

  36. Sarah says:

    The truth will out. Whatever the nuances in the ruling, the facts speak for themselves:

    That Enderlin set out wilfully to mislead
    That Enderlin lied and was complicit in doctoring film
    That Enderlin distorted facts in the service of “if it bleeds it leads” to disastrous effect for the whole area.

  37. Cynic says:

    Good news indeed. It has been a hard slog for RL to get this out and into the public sphere and may The Augean Stables go from strength to strength.

  38. [...] the excellent Professor Richard Landes notes in his ongoing coverage of this case on his blogsite Augean Stables: “Those whom the gods would destroy, first they drive [...]

  39. igout says:

    Adina is right. FOX news. They have a lot of hot lawyer chicks who’d explain this somewhat obscure case (here in the US) to the American public.

  40. [...] dieser Fall ausgeschlachtet wurde.  Aussie Dave freut sich, daß es noch Gerechtigkeit gibt.  Bei Richard Landes, der diesem Fall sorgfältig nachgegangen ist und auf dessen Blog sich alle Fakten finden, [...]

  41. Congratulations! This could be a milestone in the effort to clean up the stables.

  42. [...] Augean Stables Breath of the Beast Meryl Yourish Soccer Dad Solomonia Israel Matsav [...]

  43. Sophia says:

    Thank you.

  44. E.G. says:

    Most French newspapers (with the notable exception of “Le Figaro” and “Le Monde”) put on their sites Reuters’ article titled “Relaxe pour le détracteur de l’image-choc de l’Intifada” (Intifada shock-image’s detractor acquitted). http://today.reuters.fr/news/newsArticle.aspx?type=topNews&storyID=2008-05-21T163209Z_01_DEC159499_RTRIDST_0_OFRTP-FRANCE-JUSTICE-PO-INTIFADA-20080521.XML&archived=False

    Another newspaper, Liberation (“Progressive”) compiled its own report with AFP’s. http://www.liberation.fr/actualite/ecrans/327461.FR.php
    Interestingly, it states that the AFP reporter got access to the ruling and consulted it – access so far denied to other reporters. However, the paper tells about the same story as here http://www.reuters.com/article/middleeastCrisis/idUSL21033039

    Not sure this coverage, albeit larger than for the preceding episodes, will stir much interest. Reading them, one concludes that some marginal made weired allegations concerning the widely-shared knowledge of IDF’s violent brutality, was not able to prove them, and was discharged of defamation because he’s just another conspiracy theorist.

  45. Chana says:

    “The truth stands up, a lie does not.”
    Talmud

  46. Chana says:

    Excellent news, Richard!

  47. Here it is translated into German, including articles in German about Mohammed al-Dura, beginning in 2005:

    Mohammed al-Dura: Freispruch für Philippe Karsenty

  48. Joel says:

    Congratulations. However, there will not be true justice until French prosecuters investigate Enderlin for possible indictment.

  49. snapped shot says:

    A Pallywood Victory…

    Ok, this post may not actually be photojournalism related, but its results speak volumes for exposing fraudulent photojournalism like what goes on in Pallywood and specifically, the al-Dura event that lead many Palestinians to riot and attack Israel ou…

  50. Hurray for (being able to call it) Pallywood…

    Power Line

    The Jerusalem Post reports that the French Court of Appeals has found in favor of Philippe Karsenty, overturning a lower court decision that Karsenty had libeled France 2 and its Jerusalem correspondent Charles Enderlin when he accused them…

  51. [...] [snapped shot] A Pallywood Victory Ok, this post may not actually be photojournalism related, but its results speak volumes for exposing fraudulent photojournalism like what goes on in Pallywood and specifically, the al-Dura event that lead many Palestinians to riot and attack Israel out of anger. From Scott at the Power Line blog comes the news: …the French Court of Appeals has found in favor of Philippe Karsenty, overturning a lower court decision that Karsenty had libeled France 2 and its Jerusalem correspondent Charles Enderlin when he accused them of knowingly broadcasting a false report on the death of Muhammad al-Dura in the Gaza Strip in 2000. Professor Richard Landes has relentlessly sought to expose the al-Dura affair as a hoax. If you don’t know what Pallywood is or have a clue what is meant by the al-Dura affair, then head on over here and watch the movies and see the pics of how a stage is set up like a massive Hollywood backstage. As Scott points out, you can read the full article summarizing the case’s results here. [...]

  52. Hulkamaniac says:

    Outstanding, RL! Interesting that CNN, BBC, etc.. haven’t covered this yet after at least 10 hours, but Reuters and AP, surprisingly enough, did. I have a feeling, however, that covering this up (like the BBC Balen report) will not be easy. Too many lawsuits against France2 may prevent this from fading away.

  53. Are the Post-Modernists Right?…

    Post-Modernism and its offspring, Political Correctness and Multiculturalism, hold that there is no such thing as objective reality. In their view all reality is constructed, imposed by the dominant narrative upon the victims of that narrative. There i…

  54. Lynne T says:

    Funny how the media loved to accuse Bush and Blair of “sexing up” the Iraq file to justify a war. Enderlin and France 2 been caught “sexing up” the al-Dura file by withholding tapes that showed the full story. This and other instances of the 5th estate “sexing up the news” to the point of turning the truth upside down since have created greater cynicism against the media as well as government agencies.

  55. Max Emsallem says:

    I am very impressed with the work accomplished by Philippe Karsenty. His efforts finally paid off. There is a lesson to learn here….Congratulations Philippe!

  56. expat says:

    As an American living in Paris I have been following this story closely, now that (finally!)Philippe Karsenty has (sort of) won, I am trying to track the local media reaction – so far not a whole hell of a lot. I find this unbelievable, when you think of the ENORMITY of the case. I just wish ONE major French media outlet would come out with a full, detailed account of this story (which I have found elsewhere, on blogs, on smaller news sites). But where are the big guys? It’s making me feel desperate about the news/journalistic situation over here.. and the article in Le Point that you pointed out actually was a Reuters news feed, the comments were more interesting than the article! Well I’m going to keep trolling the media web sites, see if SOMEONE is courageous to get it all out…In any case congratulations to Philippe Karsenty, well done for sticking to it!
    ps I posted a pro-Karsenty remark on Enderlin’s blog, funny, it’s not been published…

  57. Eliyahu says:

    Wm t sherman,
    yes, such a case could not be brought in an American court, I agree. The UK and France have much tighter restrictions on freedom of speech, press, etc. I was talking about something else. There have been some very trials, prosecutions, failures to prosecute, unfair sentences [i.e., Jonathan Pollard, Terry Schiavo, etc] and unfair acquittals or too soft sentences in the US. This includes cases of which I had personal knowledge.

    Pollard’s sentence, essentially life in jail, is a violation of the 8th amendment ban on “cruel and unusual punishments.” Other spies sentenced around the same time as Pollard received just a few years in jail, including one Egyptian.

  58. Eliyahu says:

    correction:
    … There have been some very UNFAIR trials,…

  59. [...] 文章出处:http://www.theaugeanstables.com/ 2008/ 05/ 21/ karsenty-wins-court-decision/ More details to follow. But word from Paris is that the court dismissed charges against Philippe Karsenty today. Now we get to see how the French (and Western) MSM handle this. It’s a stunning victory for Karsenty and loss for Enderlin and France2 who initiated this case when they didn’t have to. In order for an appeals court to reverse a decision, they must have strong evidence to the contrary. The fact that they did indicates that their written decision will be very critical of France2. The implications of this decision are immense. We’ll be following up in the days, weeks and months to come. [...]

  60. [...] Augean Stables Breath of the Beast Meryl Yourish Bookworm Room Soccer Dad Solomonia Israel Matsav I Israel Matsav II Ed Lasky Phyllis Chesler [...]

  61. [...] through the barrel—could be confirmed independently from news footage.Then in 2008, media critic Philippe Karsenty won a dismissal of his conviction for defamation of Charles Enderlin and Channel 2 for their false report on [...]

  62. [...] in 2008, media critic Philippe Karsenty won a dismissal of his conviction for defamation of Charles Enderlin and Channel 2 for their false report on Mohammed al-Dura. More details to [...]

  63. [...] in 2008, media critic Philippe Karsenty won a dismissal of his conviction for defamation of Charles Enderlin and Channel 2 for their false report on Mohammed [...]

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