Dershowitz-Finkelstein affair
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2008-07-14T10:49:14Z
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'''The Dershowitz-Finkelstein affair''' was a public controversy involving [[Alan Dershowitz]] and [[Norman Finkelstein]] in 2005.
Shortly after the publication of the book ''[[The Case for Israel]]'', by [[Alan Dershowitz]], [[Norman Finkelstein]] alleged that it was "a collection of fraud, falsification, plagiarism and nonsense".<ref name=Goodman>[[Amy Goodman]], [http://www.democracynow.org/article.pl?sid=03/09/24/1730205 "Scholar Norman Finkelstein Calls Professor Alan Dershowitz's New Book On Israel a 'Hoax',"] ''[[Democracy Now!]]'' [[24 September]], [[2003]], accessed [[February 10]], [[2007]]. (Incl. links to full transcript and audio clip and [[MP3]] podcast.)</ref> Finkelstein charged that Dershowitz had engaged in [[plagiarism]] in his use of [[Joan Peters]]' controversial book ''[[From Time Immemorial]]''.<ref name=Finkelstein>[[Norman Finkelstein|Norman G. Finkelstein]], [http://www.normanfinkelstein.com/article.php?pg=4&ar=1 The Dershowitz Hoax], ''normanfinkelstein.com'' (passim), accessed [[11 February]], [[2007]].</ref> Finkelstein expanded his claims in a book entitled ''[[Beyond Chutzpah]]'' and has received support from some other academics. Dershowitz has denied the charges. Former [[Harvard University|Harvard]] president [[Derek Bok]], following a review requested by [[Harvard Law School]] Dean [[Elena Kagan]], determined that no plagiarism had occurred.<ref name=Bombardieri>Marcella Bombardieri, [http://www.boston.com/news/local/articles/2005/07/09/academic_fight_heads_to_print/ "Academic Fight Heads to Print: Authorship Challenge Dropped from Text,"] ''[[Boston Globe]]'' [[9 July]], [[2005]], accessed [[12 February]], [[2007]].</ref><ref>[http://www.thecrimson.com/article.aspx?ref=514516 "Mercy of the Court of Public Opinion"] ''[[Harvard Crimson]]'' September 27, 2006]</ref>
In ''Beyond Chutzpah: On the Misuse of Anti-Semitism and the Misuse of History'', which was initially to be published by [[New Press]] and ultimately published by [[University of California]] Press on [[August 28]], [[2005]], Norman Finkelstein attempted to debunk ''The Case for Israel''. Dershowitz had written letters to [[New Press]] to prevent its publication and he responded to the imminent publication of Finkelstein's book by writing letters to the University of California Press as well, claiming it contained massive libel and stating that the book should not be published.<ref name=Younge>Gary Younge, [http://books.guardian.co.uk/departments/politicsphilosophyandsociety/story/0,6000,1545972,00.html "J'accuse,"] ''[[The Guardian]]'' [[10 August]], [[2005]], accessed [[11 February]], [[2007]].</ref> Dershowitz also asked California Governor Arnold Schwarzenegger to intervene in order to prevent the University of California Press from publishing the book.<ref name=Letters>See the reproduction of [http://www.normanfinkelstein.com/article.php?pg=11&ar=126 four letters from Dershowitz] as posted on ''normanfinkelstein.com'' with a headnote.</ref> Schwarzenegger's legal advisor responded, however, that the governor would not intervene in issues of academic freedom.<ref name=Younge/> Dershowitz responded in his book ''[[The Case for Peace]]'' and alleged a politically motivated campaign of vilification spearheaded by Finkelstein, [[Noam Chomsky]], and [[Alexander Cockburn]] against several pro-Israel academics.<ref name=DershowitzStatement/>
==Finkelstein's criticisms of Dershowitz==
The bulk of ''Beyond Chutzpah'' consisted of an essay critiquing the "[[new antisemitism]]" and longer chapters contrasting Dershowitz's arguments in ''The Case for Israel'' with the findings of mainstream human rights organisations, such as [[Human Rights Watch]] and [[Amnesty International]], asserting that Dershowitz had lied, misrepresented and fabricated many of his points in order to protect Israel and hide its record of alleged human rights violations.{{facts|date=February 2007}}. Finkelstein has maintained that "the real issue is Israel's human rights record".<ref> [[Norman Finkelstein|Norman G. Finkelstein]], [http://www.normanfinkelstein.com/article.php?pg=11&ar=50 The Real Issue is Israel's Human Rights Record], accessed [[6 July]], [[2007]]]. </ref>
In addition, Finkelstein provided what he claimed is evidence that in at least two instances, Dershowitz reproduced errors in Peters' citation of original sources, and claimed Dershowitz did not check the original sources he cited, a claim that Dershowitz adamantly denied.<ref>[[Norman Finkelstein|Norman G. Finkelstein]], [http://www.workingtv.com/finkelstein.html Speech presented at Vancouver Public Library,] link to Part 7, webcasts posted at ''workingtv.com'', n.d., accessed [[11 February]], [[2007]].</ref>
Finkelstein noted that in twenty instances that all occur within about as many pages, Dershowitz's used some of the same words from the same sources that [[Joan Peters]] used, largely in the same order. Several paragraph-long quotations that the two books share have ellipses in the same position, Finkelstein pointed out; in one instance, he claimed, Dershowitz refers to the same page number as Peters, although he is citing a different (1996) edition of the same source, in which the words appear on a different page.<ref>[[Norman Finkelstein|Norman G. Finkelstein]], [http://www.normanfinkelstein.com/article.php?pg=11&ar=1 "Alan Dershowitz Exposed: What if a Harvard Student Did This?"] ''normanfinkelstein.com'' n.d., accessed [[12 February]], [[2007]].</ref>
Finkelstein stated: "It is left to readers to decide whether Dershowitz committed plagiarism as defined by Harvard University -- "passing off a source's information, ideas, or words as your own by omitting to cite them."<ref>[[Norman Finkelstein|Norman G. Finkelstein]], [http://www.normanfinkelstein.com/article.php?pg=11&ar=50 "The Real Issue Is Israel's Human Rights Record:] A Statement by Norman G. Finkelstein upon Publication of ''Beyond Chutzpah'', [[25 August]], [[2005]], accessed [[13 February]], [[2007]].</ref> According to a book review of ''Beyond Chutzpah'', written by Prof. [[Michael Desch|Michael C. Desch]] in ''[[The American Conservative]]'', "Finkelstein does not accuse Dershowitz of the wholesale lifting of someone else's words, but he does make a very strong case that Dershowitz has violated the spirit, if not the exact letter, of Harvard's prohibitions of the first three forms of plagiarism."<ref name=Desch>[[Michael Desch|Michael C. Desch]], [http://www.normanfinkelstein.com/article.php?pg=11&ar=98 "The Chutzpah of Alan Dershowitz,"] ''[[The American Conservative]]'' [[5 December]], [[2005]], online posting, ''normanfinkelstein.com'', accessed [[10 February]], [[2007]].</ref>
Noting his perception of Dershowitz's lack of knowledge about specific contents of his own book during an interview of the two men by [[Amy Goodman]] broadcast on ''[[Democracy Now!]]'', Finkelstein also charged that Dershowitz could not have written the book and may not have even read it.<ref name=Goodman/> Later, he cited such allegedly "unserious" references as the website for Kevin Macdonald's documentary film ''[[One Day in September]]''<ref>''[http://www.sonypictures.com/classics/oneday/html/timeline/index.html One Day in September]'' Sony Pictures Classics official website, accessed [[13 February]], [[2007]].</ref> and an online syllabus from "Teaching the Israeli-Palestinian Conflict: A Unit for High School Students," by Ronald Stockton, Professor of Political Science, University of Michigan-Dearborn<ref>[http://www.umich.edu/~iinet/worldreach/assets/docs/israeli-palestinian_conflict/studentkeydates.html "Some Key Dates in the Israeli-Palestinian Conflict,"] rev. 2nd ed., [[University of Michigan-Dearborn]], [[Dearborn, Michigan|Dearborn]], [[Michigan]], November 1993, accessed [[12 February]], [[2007]].</ref> as additional evidence that the book was not written by Dershowitz.
==Dershowitz's response==
Dershowitz threatened to bring a legal action against the University of California Press in response to the charges in Finkelstein's book.<ref>[http://www.normanfinkelstein.com/article.php?pg=11&ar=1287 June 1, 2005 letter to University of California Press] from Dershowitz's lawyer reads: ''"... your appendix -- if it is not removed before publication -- is going to lead to painful surgery for the Press."''. Verified 31 October 2007.</ref> Dershowitz claims to have written every word of ''"The Case for Israel"'' by hand and to have sent UCP his handwritten manuscript. He says there is not a single phrase or sentence in it that was "plagiarized" and accuses Finkelstein of knowing this, making the charges in order to garner publicity.<ref>[http://www.law.harvard.edu/faculty/dershowitz/statement.html STATEMENT OF ALAN M. DERSHOWITZ], Harvard Law web-site. Verified 30 October 2007.</ref> Dershowitz offered to produce his handwritten drafts (he does not type) to debunk the claim that ''The Case for Israel'' was ghostwritten and claims Finkelstein has not asked to see them.<ref>[http://www.thecrimson.com/article.aspx?ref=349122 Plagiarism Accusations Unfairly Characterized], Harvard Crimson, 3 October 2003. Verified 30 October 2007.</ref>
As a result, when the book was published, it no longer used the word "plagiarize" in its argument that Dershowitz inappropriately borrowed from another work, nor did it include the claim that Dershowitz did not write ''The Case for Israel'',<ref name=Bombardieri/> because, the publisher said, "he couldn’t document that."<ref name=Schuker>Daniel J. T. Schuker, [http://www.thecrimson.com/article.aspx?ref=508242 "Accusations Fly in Academic Feud:] Harvard Law Prof Tries to Prevent Publication of Book about Israel," ''[[The Harvard Crimson]]'' [[8 July]], [[2005]], accessed [[12 February]], [[2007]].</ref> "Dershowitz has said he cited sources properly, attempting to check all primary sources and citing Peters when she was his only source."<ref name=SchukerLAE>Lauren A. E. Schuker, [http://www.thecrimson.com/article.aspx?ref=349044 "Dershowitz Accused Of Plagiarism:] Law School Professor Denies He Relied on Another’s Work," ''[[The Harvard Crimson]]'' [[29 September]], [[2003]], and [http://www.thecrimson.com/article.aspx?ref=349102 "Dershowitz Defends Book.] Professor Calls Plagiarism Accusation 'funny'." ''[[The Harvard Crimson]]'' [[2 October]], [[2003]], both accessed [[11 February]], [[2007]].</ref>
James O. Freedman, the former president of Dartmouth, University of Iowa, and the American Academy of Arts and Sciences, has defended Dershowitz: "I do not understand [Finkelstein’s] charge of plagiarism against Alan Dershowitz. There is no claim that Dershowitz used the words of others without attribution. When he uses the words of others, he quotes them properly and generally cites them to the original sources." He noted that this practice is recommended by the authoritative ''Chicago Manual of Style,'' (rule 17.274), and "is simply not plagiarism, under any reasonable definition of that word."<ref name=JBooks>[[Alan Dershowitz|Alan M. Dershowitz]],[http://www.jbooks.com/interviews/index/IP_Dershowitz.htm "The Hazards of Making ''The Case for Israel'',"] ''jbooks.com'' n.d., accessed [[11 February]], [[2007]].</ref>
Dershowitz said that Finkelstein has invented false charges in order to discredit supporters of Israel: "The mode of attack is consistent. Chomsky selects the target and directs Finkelstein to probe the writings in minute detail and conclude that the writer didn’t actually write the work, that it is plagiarized, that it is a hoax and a fraud," noting that Finkelstein has leveled the same kind of charges against many others, calling at least 10 "distinguished Jews 'hucksters,' 'hoaxters,' 'thieves,' 'extortionists, and worse."<ref name=JBooks/>
Dershowitz's recent book on the Israeli-Palestinian conflict, ''[[The Case for Peace]]'', contains a chapter rebutting Finkelstein's charges, which Dershowitz has made available on his web site.<ref name=DershowitzStatement/>
==Additional responses by Finkelstein and Dershowitz==
Finkelstein argued in a letter to the ''[[Harvard Crimson]]'' published on [[October 3]], [[2003]], that Dershowitz reproduced exactly two of Peters' mistakes, and made one relevant mistake of his own.<ref name=FinkLetter>Norman Finkelstein, [http://www.thecrimson.com/article.aspx?ref=349123 "Finkelstein Proclaims 'The Glove Does Fit',"] Letter to the editors, ''[[The Harvard Crimson]]'' [[October 3]], [[2003]], accessed [[February 10]], [[2007]].</ref> In quoting [[Mark Twain]], Finkelstein argued, "Dershowitz cites two paragraphs from Twain as continuous text, just as Peters cites them as continuous text, but in Twain’s book the two paragraphs are separated by 87 pages."<ref name=FinkLetter/> While still quoting Twain, although Dershowitz cited a different edition of Twain's ''[[Innocents Abroad]]'' than Joan Peters cites, Finkelstein continues, "the relevant quotes do not appear on these pages in the edition of Twain’s book that Dershowitz cites." Finkelstein points out that these quotations do, however, appear on the pages that Joan Peters cites for her edition of ''[[Innocents Abroad]]''. Finkelstein asserted: "Quoting a statement depicting the miserable fate of Jews in mid-19th century [[Jerusalem]], Peters cites a British consular letter from 'Wm. T. Young to Viscount Canning.' Dershowitz cites the same statement as Peters, reporting that Young 'attributed the plight of the Jew in Jerusalem' to pervasive [[anti-Semitism]]. Turning to the original, however, we find that the relevant statement did not come from Young but, as is unmistakably clear to anyone who actually consulted the original, from an enclosed memorandum written by an 'A. Benisch' that Young was forwarding to Canning." He concluded: "It would be impossible for anyone who checked the original source[s] to make th[ese] error[s]."<ref name=FinkLetter/>
In response to the general charge of "plagiarism", Dershowitz had characterized the excerpts as quotations that historians and scholars of the region cite routinely, such as [[Mark Twain]] and the reports of government commissions.
Finkelstein's conclusion from the passages that he cited is that Dershowitz did not research his sources directly, but instead in twenty instances had used Peters' book without crediting her.{{facts|date=February 2007}}
Finkelstein argued that he has found a mis-attribution that he says supports his conclusion. He asserted that, in his book Dershowitz attributes an Orwellian [[neologism]] to [[George Orwell|Orwell]] himself, when actually Peters coined it in ''her'' book in an allusion to Orwell, in which she mentioned him by name: her neologism "turnspeak" alluded to Orwell's famous ''[[Newspeak]]'' in his novel ''[[Nineteen Eighty-Four|1984]]''. This alleged mistake by Dershowitz, Finkelstein argued, fits a pattern of cribbing from Peters while not crediting her. Academic propriety demands that she be credited, he argued.
In "Statement of Alan M. Dershowitz" featured on a faculty webpage at [[Harvard Law School]],
Dershowitz writes:
<blockquote>I will no longer participate in this transparent ploy to gather media attention for Finkelstein and his publisher. I answer all of his charges fully in Chapter 16 of my forthcoming book The Case For Peace, to be published by Wiley in August. My book deals with important and current issues, such as the prospects for peace in the immediate future. Finkelstein’s deals with the irrelevant past that both Israelis and Palestinians are trying to put behind them. Let the marketplace judge our books. As far as I’m concerned, the public controversy is over and I will comment no further on the false charges leveled by Finkelstein and the UCP. Let them henceforth pay for their own publicity, instead of trying to get it on the cheap by launching phony attacks against me.
I will not debate Finkelstein. I have a longstanding policy against debating [[Holocaust]] deniers, revisionists, trivializers or minimizers. Nor is a serious debate about [[Israel]] possible with someone who acknowledges that he knows “very little” about that country. I will be happy to debate any legitimate experts from [[Amnesty International]] or any other human rights organization. Indeed, I have a debate scheduled with [[Noam Chomsky]] about these issues in the fall [2005].<ref name=DershowitzStatement>[http://www.law.harvard.edu/faculty/dershowitz/statement.html "Statement of Alan M. Dershowitz."]</ref></blockquote>
Dershowitz strenuously denied that he did not credit Peters' book adequately in his own book, and [[Harvard University]] supported him in that position in exonerating him against Finkelstein's charges that he committed "[[plagiarism]]".<ref name=DershowitzStatement/><ref name=Rests>[[Alan Dershowitz|Alan M. Dershowitz]], [http://www.thecrimson.com/article.aspx?ref=349122 "Professor Dershowitz 'Rests His Case',"] ''[[The Harvard Crimson]]'' [[3 October]], [[2003]], Letter to the Editors (Opinion), accessed [[11 February]], [[2007]].</ref><ref name=Unfair>[[Alan Dershowitz]], [http://www.thecrimson.com/article.aspx?ref=513348 "Plagiarism Accusations Unfairly Characterized,"] ''[[The Harvard Crimson]]'' [[5 May]], [[2006]], Letter to the Editors (Opinion) dated [[1 May]], [[2006]] (appended correction), accessed [[12 February]], [[2007]].</ref>
In their joint interview aired on Amy Goodman's radio program ''[[Democracy Now!]]'', Dershowitz responded to Finkelstein's various arguments.<ref name=Goodman/>
==Dershowitz's involvement in Finkelstein's Denial of Tenure==
In early 2007 the [[DePaul University]] Political Science department voted 9 to 3, and the College of Liberal Arts and Sciences Personnel Committee 5 to 0, in favor of giving Finkelstein tenure. The three opposing faculty members subsequently filed a minority report opposing tenure, supported by the Dean of the College, Chuck Suchar. Suchar stated he opposed tenure because Finkelstein’s "personal and reputation demeaning attacks on Alan Dershowitz, Benny Morris, and the holocaust authors Eli Wiesel and Jerzy Kosinski" were inconsistent with DePaul’s “Vincentian” values.<ref>[http://english.sxu.edu/sites/kirstein/?p=680 The Suchar Memorandum] [[March 22]] [[2007]]</ref> In June 2007 a 4-3 vote by DePaul University's Board on Promotion and Tenure (a faculty board), affirmed by the university's president, the Rev. Dennis Holtschneider, denied Finkelstein tenure.<ref name=CNNtenure>[http://www.cnn.com/2007/EDUCATION/06/11/depaul.professor.ap/ "DePaul denies tenure to controversial professor"], CNN, June 11, 2007.</ref><ref>[http://sherman.depaul.edu/media/webapp/mrNews.asp?NID=1630 DePaul University Statement on the Tenure and Promotion Decision Concerning Professor Norman Finkelstein] 6 June 2007</ref> Finkelstein has been placed on administrative leave for the 2007-2008 academic year, the remainder of his contract with DePaul, his sole course having been cancelled.<ref>http://education.guardian.co.uk/higher/worldwide/story/0,,2158192,00.html Holocaust academic vows to fight axe of university class</ref>
In September 2006 Dershowitz had sent members of DePaul’s law and political-science faculties what he described as “a dossier of Norman Finkelstein’s most egregious academic sins, and especially his outright lies, misquotations, and distortions”, and in April 2007 the De Paul University Liberal Arts and Sciences' Faculty Governance Council had voted unanimously to send a letter to Harvard University expressing "the council's dismay at Professor Dershowitz's interference in Finkelstein's tenure and promotion case."<ref>'' Chronicle of Higher Education'' Thursday, April 5, 2007 [http://chronicle.com/temp/email2.php?id=g4gfPKPrmfSXvwhvXzRPxd2Msdzzgrpm "Harvard Law Professor Works to Disrupt Tenure Bid of Longtime Nemesis at DePaul U."]</ref>
However, in announcing his decision Holtschneider said the outside attention "was unwelcome and inappropriate and had no impact on either the process or the outcome of this case.” On [[September 5]], [[2007]], Finkelstein resigned after he and the university reached a settlement; they released a joint statement on the resolution of the conflict.<ref>
{{Citation
| title =DePaul Rejects Tenure Bid by Finkelstein and Says Dershowitz Pressure Played No Role
| newspaper =The Chronicle of Higher Education
| date = * June 2007
| url =http://chronicle.com/news/index.php?id=2462 }}</ref><ref>Zhou, Kevin. [http://www.thecrimson.com/article.aspx?ref=518002 "Feud Weakens Prof's Tenure Bid"] ''Harvard Crimson'' April 4, 2007</ref><ref>Flow, Christian B. [http://www.thecrimson.com/article.aspx?ref=519265 "Dershowitz Foes Face Scrutiny"] ''Harvard Crimson'' June 22, 2007</ref><ref> [http://sherman.depaul.edu/media/webapp/mrNews2.asp?NID=1655&ln=true "Joint statement of Norman Finkelstein and DePaul University on their tenure controversy and its resolution."] September 5, 2007</ref>
==Others on the plagiarism controversy==
===Support for Finkelstein===
In his book review of ''Beyond Chutzpah'', echoing Finkelstein's criticisms, Michael Desch observed:
"Not only did Dershowitz improperly present Peters's ideas, he may not even have bothered to read the original sources she used to come up with them. Finkelstein somehow managed to get uncorrected page proofs of ''The Case for Israel'' in which Dershowitz appears to direct his research assistant to go to certain pages and notes in Peters's book and place them in his footnotes directly" (32, col. 3).<ref name=Desch/> Desch concluded with an important caveat then qualified it by emphasizing his own point of view:<blockquote>Even if Finkelstein's most serious charges are not true, it is nonetheless a scandal that Dershowitz's sloppy book was widely and favorably reviewed in many prominent places, including the ''[[New York Times]]'', and became a national bestseller. (Its bestseller status probably should include an asterisk because, as Finkelstein notes, some American Jewish organizations and the Israeli government bought bulk orders of the book to use as part of their efforts to advance Israel's case.) Nothing could be better evidence, in my opinion, of the corrosive influence of the Israel lobby on the intellectual climate of our country than how the nation's leading university allowed such a book to pollute our national discourse on one of the most important issues facing American foreign policy."<br>
This is not to say that Finkelstein is always the best advocate for his case. As with his previous books, it is clear that his muse is his spleen. Outrage drips from nearly every page of ''Beyond Chutzpah'' when facts alone would have made a more effective case. Indeed, I had a similar reaction when I heard Finkelstein speak at Harvard about the Goldhagen book [''[[Hitler's Willing Executioners]]'']: the facts were clearly in his corner but his strident presentation undermined his case.<br>
Still, I hesitate to be too critical of Finkelstein. Much of his outrage is justified. Moreover, he has been on the frontline of a brutal war with the Israel lobby, which gives no quarter to its enemies, and so it may be unreasonable to. ..expect him to write on this topic with clinical detachment.<br>
The story Finkelstein tells in ''Beyond Chutzpah'' is hard to believe, but it needs to be told. My hat is off to him for having the courage to tell it.<ref name=Desch/></blockquote>
On the basis of Finkelstein's comparisons of Dershowitz's sources, [[Alexander Cockburn]] supported Finkestein's conclusions that Dershowitz had drawn his excerpts directly from Peters' book, characterizing Dershowitz's presentation as unscholarly.{{facts|date=February 2007}} Noting a footnote in which Dershowitz referred to the controversial status of Peters' book and stated that he did not "rely" on it for "conclusions or data," Cockburn charges that Dershowitz was in effect if not intention lying. In echoing Finkelstein's charge of plagiarism, Cockburn called on Harvard to fire Dershowitz as a professor.{{facts|date=February 2007}}
Oxford academic [[Avi Shlaim]] had also been critical of Dershowitz, saying he believed that the charge of plagiarism "is proved in a manner that would stand up in court."<ref name=Garner>Mandy Garner,"The Good Jewish Boys Go into Battle,"] ''[[Times Higher Education Supplement]]'', [[16 December]], [[2005]] [http://www.normanfinkelstein.com/article.php?pg=11&ar=112]</ref>
See the independent analysis of the Dershowitz Dossier of allegations against Finkelstein, by Dr Frank J Menetrez Phd, JD (UCLA): [http://counterpunch.org/menetrez04302007.html] and the email correspondence between Menetrez, Finkelstein and Dershowitz during Menetrez's study: [http://www.normanfinkelstein.com/article.php?pg=11&ar=999] In a longer follow-up analysis Menetrez concluded that he can find 'no way of avoiding the inference that Dershowitz copied the quotation from Twain from Peters' ''From Time Immemorial'', and not from the original source', as Dershowitz claimed.<ref>[http://www.counterpunch.org/menetrez02122008.html Frank J. Menetrez, 'The Case Against Alan Dershowitz’, [[Counterpunch]] February 12, 2008]</ref> Dershowitz has replied briefly to this charge, in an exchange with Menetrez<ref>http://www.counterpunch.org/dershowitz02262008.html Alan M. Dershowitz, Frank J. Menetrez, ‘Debating Norman Finkelstein,’ [[Counterpunch]] February 26, 2008</ref>
===Support for Dershowitz===
As Desch acknowledges in his book review of ''Beyond Chutzpah'', "In the wake of a number of similar complaints against Dershowitz and two of his Harvard Law School colleagues Laurence Tribe and Charles Ogletree, former Harvard President [[Derek Bok]] conducted an investigation—the details of which were not made public—that...vindicated Dershowitz" (32, col. 3).<ref name=Desch/>
Several student research assistants who worked for Dershowitz at [[Harvard University]] criticized [[Jon Wiener]]'s review, supporting their professor:
<blockquote>It is one thing for Jon Wiener to launch a tendentious attack against Alan Dershowitz.... It is another matter altogether for Wiener to insinuate--without any substantiation at all--that Professor Dershowitz's research assistants are guilty of academic dishonesty. We are deeply offended by Wiener's implications that we would not check the original sources cited in Professor Dershowitz's books. For as long as any of us can remember, the standard operating procedure in Professor Dershowitz's office has always been for us to check out or request the original sources from the Harvard libraries.
It was journalistically inappropriate for Wiener not to interview any of Professor Dershowitz's research assistants, who would have firsthand knowledge of what his instructions to "cite" a source actually mean.<ref name=Tsuris>[[Alan Dershowitz]], [http://www.normanfinkelstein.com/article.php?pg=11&ar=49 "Tsuris Over Chutzpah,"] ''[[The Nation]]'' [[29 August]], [[2005]], rpt. in ''normanfinkelstein.com'' n.d., accessed [[11 February]], [[2007]]; incl. this article by Dershowitz, followed by a letter from Dershowitz's research assistants: Holly Beth Billington (2002-2004), Alexander J. Blenkinsopp (2004-2005), Eric Citron (2003-2004), C. Wallace DeWitt (2004-2005), Aaron Voloj Dessauer (2004-2005), and Mitch Webber (2005); a reply by [[Jon Wiener]]; followed by comment by Finkelstein.</ref></blockquote>
==Additional points of dispute between Finkelstein and Dershowitz==
In ''The Holocaust Industry'', Finkelstein called [[Elie Wiesel]] a liar for claiming to have read [[Immanuel Kant|Kant's]] ''[[Critique of Pure Reason]]'' in Yiddish: according to Finkelstein, no translation of the work existed in Yiddish at the time. Dershowitz responded that this was not so: he alleged that one had been published in [[Warsaw]] in 1929, and claimed that he had seen a copy at the [[Harvard University Library|Harvard Library]].<ref>[[Alan Dershowitz|Alan M. Dershowitz]],
"[http://www.thecrimson.com/article.aspx?ref=349122 "Professor Dershowitz 'Rests His Case'."]
''[[The Harvard Crimson]]'' [[2 October]], [[2003]], Letter to the Editors (Opinion), accessed [[11 February]], [[2007]].</ref>
Finkelstein described this latter claim as false and inept, arguing that the only work by Kant in Yiddish owned by the library was a partial translation of the [[Critique of Practical Reason|''Critique of'' '''''Practical''''' ''Reason'']], a completely different work than the one referred to by Wiesel and Dershowitz.<ref>[[Norman Finkelstein|Norman G. Finkelstein]], [http://www.normanfinkelstein.com/article.php?pg=11&ar=6 "Dershowitz Exposed Yet Again: The Critique of Pure Cant,"] online posting in "The Dershowitz Hoax", ''normanfinkelstein.com'' December 2003, accessed [[11 February]], [[2007]].</ref>
==The $10,000 challenge==
During the joint interview of Dershowitz and Finkelstein broadcast on ''[[Democracy Now!]]'', the host [[Amy Goodman]] alluded to an appearance on [[MSNBC]]'s ''[[Scarborough Country]]'' in which Dershowitz made a challenge to "give $10,000 to the [[PLO]]," playing a clip from the other program. In the headnote to the transcript, Goodman wrote:
<blockquote>On MSNBC’s Scarborough Country on [[September 8]], [[2003]], renowned appellate lawyer, Harvard Law professor and author Alan Dershowitz says: “I will give $10,000 to the PLO...if you can find a historical fact in my book that you can prove to be false.” The book Dershowitz refers to is his latest work ''The Case For Israel''.
Today author and professor Norman Finkelstein takes him on and charges that Dershowitz makes numerous factual errors in his book. Dershowitz denies the charges. Finkelstein teaches at DePaul University and is the author of four books including ''The Holocaust Industry: Reflections on the Exploitation of Jewish Suffering''.</blockquote>
The segment of ''[[Democracy Now!]]'' appears in the included transcript of the program:
<blockquote>AMY GOODMAN: ...we were intrigued on watching ''[[Scarborough Country]]'' when you debated, the offer that you made[....] just play it for a moment.
ALAN DERSHOWITZ: Tell you what I will give $10,000 to the [[PLO|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.<ref name=Goodman/></blockquote><!--What is the primary MSNBC source?-->
On ''[[Democracy Now!]]'' Finkelstein replied to that specific challenge for errors found in his book overall, and Dershowitz upped it to $25,000 for another particular "issue" that they disputed.<ref name=Goodman/>
Finkelstein referred to "concrete facts which are not particularly controversial," stating that in ''The Case for Israel'' Dershowitz attributes to Israeli historian [[Benny Morris]] the figure of between 2,000 and 3,000 Palestinian [[Arabs]] who fled their homes from April to June, 1948, when, he said, the range in the figures presented by Morris is 200,000 to 300,000.<ref name=Goodman/>
Dershowitz responded to Finkelstein's reply by stating that such a mistake could not have been intentional – he was attempting to refute the claim that no Arabs at all had left their homes on the orders of Arab officials during the relevant time period. By misstating the numbers by a factor of 100, he actually undermines his own argument, making the numerical mistake most likely a simple typo. "Obviously, the phrase '2,000 to 3,000 Arabs' refers either to a sub-phase [of the flight] or is a typographical error."<ref name=Goodman/>
In his book review of Finkelstein's ''Beyond Chutzpah'', summarizing Finkelstein's case against Dershowitz for "torturing the evidence", particularly Finkelstein's argument relating to Dershowitz's citations of Morris, Desch observed:
<blockquote>There are two problems with Dershowitz's heavy reliance on Morris. The first is that Morris is hardly the left-wing peacenik that Dershowitz makes him out to be, which means that calling him as a witness in Israel's defense is not very helpful to the case. The more important problem is that many of the points Dershowitz cites Morris as supporting—that the early Zionists wanted peaceful coexistence with the Arabs, that the Arabs began the 1948 War to destroy Israel, that the Arabs were guilty of many massacres while the Israelis were scrupulous about protecting human rights, and that the Arabs fled at the behest of their leaders rather than being ethnically cleansed by the Israel Defense Forces—turn out to be based on a partial reading or misreading of Morris's books. Finkelstein documents these charges in exhaustive detail in Appendix II of his book and the preponderance of evidence he provides is conclusive." (30-31)<ref name=Desch/><ref>See Appendix II in ''Beyond Chutzpah'', where Finkelstein says that Morris attributes nearly all of the flight of Palestinians which occurred during that phase of the 1948 war to fear of Jewish military actions, not to any orders from Arab leaders or expulsion.</ref></blockquote>
==Notes & References==
{{reflist|2}}
==Other References==
{{refbegin}}
* Arkes, Hadley. [http://www.claremont.org/writings/crb/fall2005/arkes.html "The Rights and Wrongs of Alan Dershowitz."] ''[[Claremont Review of Books]]'' [[4 November]], [[2005]]. Accessed [[11 February]], [[2007]].
* Chrucky, Andrew [http://www.ditext.com/chrucky/finkelstein.html "Norman Finkelstein, DePaul, and U.S. Academia: Reductio Ad Absurdum of Centralized Universities"], [[July 23]], [[2007]].
* [[Alexander Cockburn|Cockburn, Alexander]]. [http://www.counterpunch.org/cockburn09262003.html "Alan Dershowitz, Plagiarist."] ''[[CounterPunch]]'' [[26 September]], [[2003]]. Accessed [[11 February]], [[2007]]. (Commentary on Dershowitz's book ''The Case for Israel''.) [Reproduces comparisons of passages from the book and its alleged sources as examples of "plagiarism" which may come from Finkelstein, as well as others, but without attribution to Finkelstein.]
* –––. [http://www.counterpunch.org/cockburn10112003.html "CounterPunch Diary:...Dershowitz Flaps Broken Wings:] Dershowitz: The Case of the Plagiarist Prof (continued)." ''[[CounterPunch]]'' [[11 October]]-[[13 October]], [[2003]]. Accessed [[11 February]], [[2007]]. (Presents "rebuttal" by [[Alan Dershowitz]] of Cockburn's commentary on ''The Case for Israel'' (listed above) and Cockburn's subsequent response.)
* [[Alan Dershowitz|Dershowitz, Alan M.]] [http://www.jbooks.com/interviews/index/IP_Dershowitz.htm "The Hazards of Making ''The Case for Israel''."] ''jbooks.com''. n.d. Accessed [[11 February]], [[2007]].
* –––. [http://www.jpost.com/servlet/Satellite?cid=1159193455201&pagename=JPost%2FJPArticle%2FShowFull "The Lerner-Finkelstein Duet."] ''[[The Jerusalem Post]]'' [[16 October]], [[2006]]. Accessed [[February 11]], [[2007]].
* –––. [http://www.jpost.com/servlet/Satellite?cid=1162378347880&pagename=JPost/JPArticle/ShowFull "Neve Gordon Can't Take Criticism."] ''[[The Jerusalem Post]]'' [[8 November]], [[2006]]. Accessed [[11 February]], [[2007]].
* –––. [http://www.thecrimson.com/article.aspx?ref=349031 "Plagiarism Accusations Political, Unfounded."] ''[[The Harvard Crimson]]'' [[23 September]], [[2003]]. Accessed [[11 February]], [[2006]].
* –––. [http://www.thecrimson.com/article.aspx?ref=513348 "Plagiarism Accusations Unfairly Characterized."] ''[[The Harvard Crimson]]'' [[5 May]], [[2006]], Letter to the Editors dated [[1 May]], [[2006]] (appended correction). Accessed [[12 February]], [[2007]].
* –––. [http://www.thecrimson.com/article.aspx?ref=349122 "Professor Dershowitz 'Rests His Case'."] ''[[The Harvard Crimson]]'' [[3 October]], [[2003]], Letter to the Editors (Opinion). Accessed [[11 February]], [[2007]].
* –––. [http://www.normanfinkelstein.com/article.php?pg=11&ar=49 "Tsuris Over Chutzpah."] ''[[The Nation]]'' [[29 August]], [[2005]]. Rpt. in ''normanfinkelstein.com'' n.d. Accessed [[11 February]], [[2007]]. (Comment on Wiener; see below.) [This article is followed by a letter from Dershowitz's research assistants: Holly Beth Billington (2002-2004), Alexander J. Blenkinsopp (2004-2005), Eric Citron (2003-2004), C. Wallace DeWitt (2004-2005), Aaron Voloj Dessauer (2004-2005), and Mitch Webber (2005); a reply by [[Jon Wiener]]; and a comment by Finkelstein.]
* –––. [http://www.frontpagemag.com/articles/Printable.asp?ID=18644 "Why Is the University of California Press Publishing Bigotry?"] ''[[FrontPage Magazine]]'' [[5 July]], [[2005]]. Accessed [[12 February]], [[2007]]. (Linked in Dershowitz's list of publications included in his [[Harvard Law School]] bibliography.)
* [http://www.normanfinkelstein.com/article.php?pg=11&ar=122 "Dershowitz v. Desch."] ''[[The American Conservative]]'' [[16 January]], [[2006]], Forum. Rpt. ''normanfinkelstein.com'' n.d. Accessed [[12 February]], [[2007]]. (Incl. detailed reply by [[Alan Dershowitz]] to book review of ''Beyond Chutzpah'' by Desch (see below) and reply by Desch (with pdf link), and a response added to his own site's presentation of this material by Finkelstein.)
* Desch, Michael C. [http://www.normanfinkelstein.com/article.php?pg=11&ar=98 "The Chutzpah of Alan Dershowitz."] ''[[The American Conservative]]'' [[5 December]], [[2005]]. Rpt. in ''normanfinkelstein.com''. Accessed [[February 11]], [[2007]]. {[[PDF]] version accessible.)
* Eichner, Itamar, and Tova Tzimuki: [http://www.normanfinkelstein.com/article.php?pg=11&ar=85#tran "Simpson's Attorney Advises: "Acquittal" of Israel."] ''[[Yedioth Ahronoth]]'' [[18 November]], [[2003]]: 11. Rpt. in ''normanfinkelstein.com'' n.d. Accessed [[11 February]], [[2007]]. (Incl. English translation & scan of Hebrew original.)
* [[Norman Finkelstein|Finkelstein, Norman]]. [http://www.thecrimson.com/article.aspx?ref=509739 "Dershowitz Was To Meet With Israeli Officials."] ''[[The Harvard Crimson]]'' [[8 November]], [[2005]], Letter to the Editors (Opinion). Accessed [[11 February]], [[2007]].
* –––. [http://www.thecrimson.com/article.aspx?ref=349123 Finkelstein Proclaims 'The Glove Does Fit'."] ''[[The Harvard Crimson]]'' [[3 October]], [[2003]], Letter to the Editors (Opinion). Accessed [[11 February]], [[2007]].
* –––.[http://leitrimproductions.net/ "Finkelstein at Yale: ''Beyond Chutzpah''.] Video prod. by Leitrim Productions of lecture and discussion. [[Yale University]], [[New Haven, Connecticut|New Haven]], [[Connecticut]]. [[20 October]], [[2005]]. Accessed [[11 February]], [[2007]].
* –––. [http://www.normanfinkelstein.com/article.php?pg=11&ar=597 "Little Prissy Al."] ''normanfinkelstein.com'' [[17 October]], [[2006]]. Accessed [[11 February]], [[2007]]. (Response to Dershowitz, "The Lerner-Finkelstein Duet.")<!--Of dubious nature. Subject to deletion. See WP:BLP.-->
* –––. [http://www.normanfinkelstein.com/article.php?pg=11&ar=665 "Moment of Truth -- Will Dershowitz Release the Letters?"] ''normanfinkelstein.com'' [[9 November]], [[2006]]. Accessed [[February 11]], [[2007]].
* –––. [http://www.normanfinkelstein.com/article.php?pg=11&ar=109 "Never Before Aired: Watch Part II of the Debate between Finkelstein and Dershowitz."] Online posting. ''normanfinkelstein.com'' n.d. Accessed [[11 February]], [[2007]]. (Incl. link to Part I of the debate.) (See Goodman.)
* –––. [http://www.workingtv.com/finkelstein.html Video of Finkelstein Speech at Vancouver Public Library.] Link to Part 7. Webcasts posted at ''workingtv.com''. n.d. Accessed [[11 February]], [[2007]].
* Francois, Wendy. [http://www.columbiaspectator.com/media/storage/paper865/news/2006/03/28/Opinion/Politics.Rip.Through.Columbia-2027977.shtml "Politics Rip through Columbia."] ''[[Columbia Daily Spectator]]'' [[28 March]], [[2006]]. Accessed [[11 February]], [[2007]].
* [[Amy Goodman|Goodman, Amy]]. [http://www.democracynow.org/article.pl?sid=03/09/24/1730205 "Scholar Norman Finkelstein Calls Professor Alan Dershowitz's New Book On Israel a 'Hoax'."] ''[[Democracy Now!]]'' [[24 September]], [[2003]]. Accessed [[11 February]], [[2007]]. (Incl. links to audio clip, [[MP3]], and full "Rush Transcript.")
* [[Neve Gordon|Gordon, Neve]]. [http://www.counterpunch.org/gordon11082006.html "Dershowitz's Smear: Anti-Semitism? You Just Don't Like What I Say!"] ''[[Counterpunch]]'' [[8 November]], [[2006]]. Accessed [[February 11]], [[2007]]. (Response to Dershowitz; see reply by Dershowitz, "Neve Gordon Can't Take Criticism," as listed above.)
* [[Human Rights Watch]]. [http://www.jpost.com/servlet/Satellite?pagename=JPost%2FJPArticle%2FShowFull&cid=1154526022655 "Human Rights Watch Responds to Dershowitz."] ''[[The Jerusalem Post]]'' [[7 September]], [[2006]]. Accessed [[February 11]], [[2007]].
* Maizel, Lindsay A. [http://www.thecrimson.com/article.aspx?ref=509661 "At Talk, Finkelstein Calls Dershowitz Book a Fraud."] ''[[The Harvard Crimson]]'' [[4 November]], [[2005]]. Accessed [[11 February]], [[2007]].
* Schuker, Daniel J. T. [http://www.thecrimson.com/article.aspx?ref=508242, "Accusations Fly in Academic Feud:] Harvard Law Prof Tries to Prevent Publication of Book about Israel." ''[[The Harvard Crimson]]'' [[8 July]], [[2005]]. Accessed [[12 February]], [[2007]].
* Schuker, Lauren A. E. [http://www.thecrimson.com/article.aspx?ref=349044 "Dershowitz Accused Of Plagiarism:] Law School Professor Denies He Relied on Another’s Work." ''[[The Harvard Crimson]]'' [[29 September]], [[2003]]. Accessed [[11 February]], [[2007]].
* –––. [http://www.thecrimson.com/article.aspx?ref=349102 "Dershowitz Defends Book.] Professor Calls Plagiarism Accusation 'funny'." ''[[The Harvard Crimson]]'' [[2 October]], [[2003]]. Accessed [[11 February]], [[2007]].
* Segev, Tom. [http://www.normanfinkelstein.com/article.php?pg=11&ar=68 "Sharon Recommends a Book."] ''[[Ha'aretz]]'' [[24 October]], [[2005]]. Accessed [[11 February]], [[2007]].
* Seiderman, Ian. [http://www.jpost.com/servlet/Satellite?pagename=JPost%2FJPArticle%2FShowFull&cid=1157913606877 "Right of Reply: Biased against Israel?] Not at all Amnesty International responds to Dershowitz." ''[[The Jerusalem Post]]'' [[11 September]], [[2006]]. Accessed [[11 February]], [[2007]].
* Tetley, William. [http://www.canada.com/nationalpost/news/editorialsletters/story.html?id=f9a541e5-0c9e-428e-baaf-d3d3157cf4f5 "Another Dershowitz Diatribe."] ''[[National Post]]'' [[24 July]], [[2006]], letter to the editor. Accessed [[11 February]], [[2007]].
* Troianovski, Anton S. [http://www.thecrimson.com/article.aspx?ref=515328 Crimson Cuts Columnist for Lifting Material:] Online Magazine Slate Says It Won't Pursue Action Against Paper." ''[[The Harvard Crimson]]'' [[27 October]], [[2006]]. Accessed [[February 11]], [[2007]].
* [[Jon Wiener|Wiener, Jon]]. [http://www.thenation.com/doc/20050711/wiener "Giving Chutzpah New Meaning."] ''[[The Nation]]'' [[11 July]], [[2005]]. Accessed [[11 February]], [[2007]].
* Younge, Gary. [http://books.guardian.co.uk/departments/politicsphilosophyandsociety/story/0,6000,1545972,00.html "J'accuse."] ''[[The Guardian]]'' [[10 August]], [[2005]]. Accessed [[11 February]], [[2007]].
{{refend}}
==External links==
*[http://www.law.harvard.edu/faculty/directory/facdir.php?id=12&show=bibliography Alan M. Dershowitz's Faculty Bibliography] at [[Harvard Law School]] and [http://www.alandershowitz.com/index.php Alan M. Dershowitz]'s own commercial website (''alandershowitz.com'') with links to publications by Alan M. Dershowitz and responses to some comments and publications by [[Norman Finkelstein]].
**[http://www.law.harvard.edu/faculty/dershowitz/statement.html "Statement of Alan M. Dershowitz"].
*[http://www.normanfinkelstein.com Norman Finkelstein's website]
**[http://www.normanfinkelstein.com/article.php?pg=4&ar=1 "The Dershowitz Hoax"] (2003-2006) at the "official website of Norman G. Finkelstein" (''normanfinkelstein.com''), an in depth collection of materials relating to the affair from Finkelstein's point of view.
[[Category:Arab-Israeli conflict]]
[[Category:Historiography]]
[[Category:Academic scandals]]
[[Category:DePaul University]]