Wednesday, September 18, 2024

Lawsuits and Pogroms: Protecting Israel's Genocide on US College Campuses

Adam Larson 

September 18, 2024

Note: as usual, this post is too long for most people to just read. Skimming is fine. For those familiar with the subject looking for new info and not just commentary, see the section "checking on Powell library claims."

"A Gut Punch" to Anti-Genocide Protest

The spring of 2024 was tumultuous on University of California campuses, with protests for and against Israel's UC-funded genocide in Gaza sometimes turning violent. After all this, and some more alleged antisemitism, a legal injunction was issued On August 13 by the US District Court of Central California, ordering UC to never block, or allow third parties to block, Jewish students from any part of campus that's ordinarily open to students, as happened at UCLA. 

The case of Yitzchok Frankel et al., v. Regents of the University of California et al. was brought on June 5 by The Becket Fund for Religious Liberty (aka Becket Law), a non-profit firm dedicated to "Religious liberty for all." The resulting injunction was issued by U.S. District Judge Mark Scarsi, a Federalist Society member and Trump appointee, and formerly a "software engineer for GE Aviation and Lockheed Martin, designing and developing detection and signal processing computer systems for U.S. defense applications." (Wikipedia). The related case documents can be found here: Frankel v. Regents of the University of California - (becketlaw.org) 

Opening his injunction, judge Scarsi pontificated: “In the year 2024, in the United States of America, in the State of California, in the City of Los Angeles, Jewish students were excluded from portions of the UCLA campus because they refused to denounce their faith.” Then he repeated that all for dramatic emphasis. Judge Scarsi acts as if he's striking down a grave transgression one would expect during the Holocaust, or in medieval times. That it's happening here now should serve as a wake-up call for all Americans as to how Hamas-loving Liberal Jew-hate has grown to where it threatens a new genocide. First, they block the Jews' favorite shortcut to the coffee shop, and next thing you know, they're putting them on trains. In California, 2024.

Or something. I don't know what he was thinking. 

Scarsi's opening passage resonated with some people. Gabby Deutch at Jewish Insider called it "a gut-punch to UCLA" and "clear-eyed truth-telling about the challenges facing Jewish students after the Oct. 7 Hamas terror attacks." The same article cites James Pasch, senior director of national litigation at the Anti-Defamation League, saying “It is crucial for every university to know that their students cannot be banned from areas of campus or from organizations on campus for who they are, full stop." After Jewish students and no others were reportedly blocked from class at UCLA, surrounded, harassed, even beaten up just for their religious beliefs, this injunction was widely hailed as a victory for human rights and religious freedom. However, as this article explains, these claims were always dubious and are partially debunked below, and this is a racist ruling with no factual justification, after nothing was blocked but some shortcuts, and it serves primarily to shut down opposition to Israel's ongoing genocide in Palestine. 

We'll consider the exact cases a bit below. First ... 

A Racist Ruling in Support of Genocide

The basic gist of Scarsi's ruling is that "Jewish students" - and no other specified group - must never be excluded from any area or activity on a UC campus. But his actual definition was a bit narrower; "For purposes of this order, all references to the exclusion of Jewish students shall include exclusion of Jewish students based on religious beliefs concerning the Jewish state of Israel." Christians, Muslims, atheists, Jews with non-religious opinions about Israel, or anyone else could still be excluded if that makes sense. But it seems religiously-motivated Jews now enjoy a special right to be involved in everything that happens on any UC campus.

By this wording, any anti-Zionist Jew with religious reasons for rejecting Israel and its crimes must be allowed to enter and potentially disrupt any demonstration in support of Israel. But the most likely and potentially effective actions are occupy-style protests in opposition to Israel, and it's pretty clear the ruling was meant to empower Jewish Zionists with an effective veto right over such protests. Thus, on the political stage, this ruling serves to protect Israel's genocide* from protests, and to stave off UC severing its financial support to Israel. And I suspect that was exactly judge Scarsi's conscious but unspoken reason; he might be yearning for that third temple to be built so Jesus can come back. We can only speculate at this point.

* Anyone who thinks this is the wrong term can see here. I'll keep using it. 

Becket Law's complaint acknowledges "Jew exclusion" wasn't literally what the UCLA camp did; its exclusion rules "permitted access for a Jewish person willing to comply with the enforcers’ demands" and conversely "may have prevented a pro-Israel Christian from entering the Zone." The issue they had was that "given the centrality of Jerusalem to the Jewish faith, the practical effect was to deny the overwhelming majority of Jews access to the heart of the campus." Exact proportions aside, they seem to feel that if most Jewish students are Zionists, that's like a vote among the Jews that anti-Zionist protests cannot be allowed to exclude anyone (or simply cannot be allowed), and that this presumed majority opinion among Jews is binding on every student. Does that really seem like even-handed justice or some odious ideological activism? 

The injunction rules UC and UCLA must prevent such "exclusionary encampments" returning, if they block anything or, it seems, even if they don't. "Ordinarily available programs, activities, or campus areas" must be "fully and equally accessible to Jewish students," period. There's no clause about these activities blocking access to anything. Even if it impinges on no one, not even a broom closet can be given for activities regarding Israel that any religious Jewish student find at odds with their "faith," and is blocked or even self-blocked from participating in. 

Exclusion of Jewish students is disallowed even "as a result of a de-escalation strategy," the injunction says. If Zionist Jews want to escalate things, Scarsi rules, then maybe things should be escalated. By this, Jewish students can enter a protest area in whatever number they like, as organized and as armed and hostile as they like - I suppose up until a specific law is broken - to disrupt and intimidate their opponents as much as they like. According to judge Scarsi, this is what modern people do here in the year 2024, in response to this Hamas-led resurgent antisemitism.

A Mythical Reading of Protest Motives

Occasional references to Palestinians and a place called Gaza come up in the complaint, as the protesters' words or organizational names are occasionally cited. But per Becket, protests were apparently inspired by Hamas' attack on Israeli Jews and nothing else, and apparently dedicated to the same genocidal aims:

"This rampant anti-Jewish environment burst into view on October 8, 2023, the day after Hamas terrorists attacked Israel in a harrowing rampage that saw over one thousand innocent Jews, including infants and the elderly, murdered, raped, and mutilated."

Of course, protesters mainly spoke of mass killings and genocide against the Palestinians of Gaza, which was already happening by October 8. On day 2 of Israel's ignored military response to that attack, 413 Palestinians, including 78 children, were reportedly killed in Gaza (Reuters). and it was intensifying. By the next day it was 704, including 143 children and 105 women (Al Jazeera). (This number includes Hamas and other fighters, but probably more than half of these are civilians.)  Several chillingly open statements of genocidal intent, including by member of Israel's war cabinet, were already published by then, along with genocidal acts of collective punishment like cutting water and electricity to Gaza. All this provided plenty of reason for the protests' stated concerns even by day 2.

And of course the violence would escalate further in the following days and months. A reported 2,913 Palestinian children were killed in the first 18 days (average: 162 per day).  As of April 29, the toll was 34,488 Palestinians killed, including 14,500 children and 9,500 women. (OHCHR), and by May 2 "a quarter of Gaza’s residents are now starving and 85% of the population has been driven from their homes" as the AP would report. It was just before this point that UCLA students erected their protest encampment hoping, as they said, to stop that bloodshed. 

But the religious liberty heroes at Becket Law saw through those words. All that matters is Hamas killed Jews on October 7, and 7 months later, these protesters were pushing even harder to do more of the same. And to that end, horrifically, they had already blocked some Jews' shortcuts across campus with a “Jew Exclusion Zone.” What comes next was chillingly obvious to some. 

Also consider the legal standard applied, as put in the injunction: "In determining standing to pursue injunctive relief, courts “presume the truth of [plaintiffs’] allegations” and “construe all of the allegations in [plaintiffs’] favor.” That is, they believe the plaintiff's allegations, then repurpose that as legally binding fact. This could cause distortions at times and, as I show below, this case is a great example.

Real Issues with the Protests vs. Real Motives to Quash Them

I should note for what it's worth that I don't agree with every stance taken by the protest organizers, nor certainly by every person running the camp. For best reach and minimized friction, the message should be "let Gaza live" not "death to Israel," even if you find the two things synonymous. For my part, it doesn't seem the protest organizers or participants prioritized their messages quite right, and they can be faulted for that. And quite likely some participants were overly antizionist or even antisemitic in their actions, giving at least kernels of truth to the overblown allegations. 

And there are always issues with occupy-style protests disrupting activities; that's both the problem and the point. By inconveniencing whoever is in the wrong place, making them a proxy for reminding everyone, the effect is arbitrary - a mild "collective punishment" that serves as a reminder of the brutal, even sadistic collective punishment the people of Gaza are being put through. As UCLA student Aiden noted of the UCLA protest camp in question: "even if it did disrupt some people, that might be kind of the point. So if you feel disrupted, maybe it allows you to think a little more about what's happening." https://youtu.be/K2oo6idd3lE?t=316 

And one might ask just why are some people so loath to be reminded of the terrible reality?

As just as its cause is, this protest was always against university rules, just like blocking traffic, even to protest genocide, is against the law. At risk of arrest but with a good cause, people might do it anyway. As the organizers and many participants would realize, UCLA had a right to shut the camp down immediately. But they didn't. The fact that it was allowed for five days probably reflects the massive awareness of Israel's crimes and the overwhelming sense - now among the UC administration - that this was a special cause and a historic moment, as with the anti-Apartheid protests of the 1980s

At UC Berkeley in 1985, the plaza at Sproul Hall was renamed “Biko Plaza" in honor of a slain South African activist, and it hosted an enduring "sit-in" (as it was then called) with hundreds camping out and thousands joining each day. (UC News) At UCLA, "around 2,000 protesters rallied together for the cause, and nearly 750 students set up encampments and chanted in Murphy Hall." to protest UC investment in South Africa. ‘Raising important questions’: UCLA’s long history of student activism, protests - Daily Bruin

The camps were variously threatened and allowed, on an improvised special principle, as public views continued to shift. Eventually an agreement was reached and, in 1986 the UC regents agreed to divest $3.1 billion "from companies doing business with the apartheid government. It was the largest university divestment in the country," according to UC News, and it helped to finally have Nelson Mandela released from prison and then to end the unjust apartheid regime in 1990.

It's easy to see the protests against the Gaza genocide as far more urgent, as Gazans are not just denied rights but slaughtered on a grand scale, with between 2% and 10% of them already killed. But reactionary forces enjoy far greater pull, with wealthy donors threatening to "divest" from UC, school administrators would eventually cave to pressure and close the camps, with UCLA chancellor Gene Block declaring the encampment there illegal on April 30. 

But again, this came some five days after it was set up. I suspect this delay reflects that sense of a historical event, and this itself a major reason for the pressure - Israel boosters don't like feeling like South African pariahs supporting a doomed cause, and they have their ways of changing things so they don't have to. They hail judge Scarsi's ruling because it seeks to prevent this kind of embarrassment from ever recurring on a UC campus, and they hope the same can be done across the nation.

Access Blocked for "Pragmatic" Security Concerns

Becket Law's complaint refers over and over to the UCLA encampment as a "Jew Exclusion Zone," put in capitals as if it was the official name and not a made-up phrase. But quite a few Jewish students were in the area and passionately involved in the protest, and organizers give different reasons why they excluded some students from the encampment. 

Members of Jewish Voice for Peace at UCLA spoke to reporters at the LA Times: "The camp and its checkpoints, they said, were not hostile to Jews. Restricting fellow students from entering was just a pragmatic move to protect protesters inside from physical, verbal or emotional abuse." Organizer Sabrina Ellis said “Our top priority isn't people's freedom of movement." Rather, "the goal was to exclude and physically block "agitators" — anyone who might be violent, record students or disagree with the cause," to keep protesters "physically and emotionally safe.” (LA Times - Yahoo News)

Likewise, an organizer named Marie told a CBS reporter: "for security purposes, we cannot let in agitators. We have gone through an immense amount of harassment," which she took as an extension - "just a glimpse" - of the same hatred directed at Palestinians, and thus a reminder why they were protesting. 

The entrance procedure, as Ellis told the LA Times, was to read out "the demands of the encampment," including divestment from Israel and its universities, a permanent cease-fire in Gaza, and severing ties with the LAPD. "Then, activists ran through their safety guidelines: Ask before taking a photo or video; wear a mask to limit the spread of COVID; do not post identifying information or photos; and no engagement with counterprotesters." (noting the masking also serves the stated interest in avoiding identification). If a student didn't agree, Ellis said, “we would just kindly tell them that they're not allowed to come in.” 

JVP member Agnes Lin told the Times anyone who agreed with the camp's purpose and methods was welcome, but “what is not welcome is Zionism.” And thus, the article notes, "students who supported the existence of Israel were kept out — even if they opposed Israel’s right-wing government and its bombardment of Gaza." It seems to me any basic-principle Zionist who can agree to the protest goals, even divestments that could harm Israel at large, should be allowed, and probably was. It's made to sound like they demanded people go even further than this and reject the whole notion of Israel or even agree to call for its destruction. I doubt this was so, but it might depend on who was handling a certain encounter. Either way, banning "Zionists" could serve to keep out likely disruptors; it makes basic sense. 

Becket Law's complaint heard it differently but reported similarly: "to enter the Jew Exclusion Zone, a person had to make a statement pledging their allegiance to the activists’ views and have someone within the encampment “vouch” for the individual’s fidelity to the activists’ cause." In other words, to enter that space meant to enter the protest and be agree to its goals, reportedly including the denunciation of Israel. Some people wouldn't want to do this, especially just to pass through on their way to class or to get coffee. But there was never a need for this grand initiation, when walking around the site remained a viable option. 

Consider that police put barricades between opposing groups at protests for a reason - to allow both sides space to air their views, and to limit the chances of that turning to physical violence. But judge Scarsi rejects that commonsense approach, ruling that no Jew with religious feelings about Israel can ever be kept behind a barricade over that. Other students of the Jewish, Christian, Muslim, other or no faith can be kept out. But for this special class of people, special rights are granted to enter and potentially disrupt any protest they disagree with. 

Agitating and Attacking Jews Were Excluded

So let's have a look at what Jewish Zionist students and some outside allies were doing back when they didn't have this new veto right over campus protests. (this long section is optional reading. Summary: they often disrupted the camp and some of them participated in a violent mob attack on it. It was right to keep them out.)

On April 30, pro-Israel student activist Eli Tsives, a freshman at UCLA, made a "SHOCK VIRAL VIDEO" of his denied entrance to the protest encampment (article). A security guard in blue tells him he has to go around the area to get to his class, which is made to sound reasonable. But Tsives was insistent he didn't want to go around - he wanted to take the shorter route indicated, north-NE through the camp and, as he reminds his viewers, he is a Jewish student. This is supposed to be terrifying. The extra walk, on top of the time he spent on the stunt behind this video, might make him late for class - if he actually had a class that way (he seems more interested in making a scene for political reasons than in actually getting somewhere). 

Tsives would be seen shaking hands with an LASD officer ahead of their May 1 raid to close the camp, perhaps coordinating or just thanking him. Then and other times, he's been seen openly sporting pepper gel that, as I hear, is illegal in California. (CL4Syr on X) But I don't see any sign of his being involved in any violence.

Some other Jewish students (presumably) who were "excluded" from the camp got in anyway, like one of the plaintiffs (Joshua Ghayoum, see below) and like Nouri Mehdizadeh & (his brother?) Matin Mehdizadeh. On the first day, April 25, the pair snuck or barged into the camp, on their way to right there, with a sign reading: "Israel is not apartheid - come talk." That sounds reasonable enough. But when a woman in the camp tried to snatch the sign from Nouri, he pushed her to the ground, and then lunged at her with a raised fist before others intervened (video). Nouri & Matin then refused to leave the camp, going limp as people tried to push them out, smirking in disdain and successfully stealing the spotlight for this Fox News report. Nouri was seen violently trying to snatch someone's keffiyeh. They were clearly there to disrupt and provoke, not to "talk." This was reportedly on the first day, April 25, and might actually help explain the following "Jew exclusion" whined about so much on the 29th and 30th. 

On the 26th, Nouri changed his Facebook profile image: before, barring a mix-up, he's the pudgy one pre-beard, with similar photos around. After, a man in a suit with a Star of David necklace and an assault rifle (And this still shows now, on an otherwise blank profile). Nouri was seen on the 28th helping set up the giant video screen, almost next to the protest camp, that would be used to show "footage of the October 7 Massacre on loop," to re-explain Israel's genocide (I'm not sure if this was funded by Seinfeld and Ackman or just by Nathan Moghavem on GoFundMe). See also: The Mehdizadeh bros in another confrontation (daylight) - Nouri vs. security guard barely keeping him out (night time, app. 4/29) - Nouri, dressed same as in the last video, & 2 others (including Matin?) messing with a side barricade before security intervenesposted late on 4/29. In fact, Nouri keeps messing with the barricade, ignoring the guards for whole seconds.  

Nouri would come back again on the 30th, about the time chancellor Block declared the camp illegal. Perhaps on that basis, someone set to meeting it with illegal violence, and Nouri was apparently aware of the plans. He stayed outside the barricade this time, but with a muted smile and a new, condescending look of faux-pity, as he showed the protesters his phone, with large text urging them to "ENJOY TONIGHT." It's probably no coincidence that organized violence occurred that night, April 30/May 1. 

This mob attack was reportedly inspired by injustices like Jews blocked from classes, as "proven" by Tsives and several other video stunts broadcast heavily that day. But more pointed were reports that same day that a 15-year-old Jewish girl was beaten unconscious at UCLA by a mob of protesters in keffiyehs. But in fact, it was back on the 28th that she ducked low near the protest line, she says to pick up a flag, before she was pulled back by family members she was with. Upon that pull, the girl fell down among them, perhaps hitting her head and, as she would say, having people step on her hair. This was thoroughly explained in a thread by Trevor Sutcliffe on X with contributions by myself and others. There's no evidence she lost consciousness or was rushed to the ER, as reported. She was seen sitting up conscious as a medic wrapped a lot of gauze around her head, and a photo was published of a slight tear in her scalp. It might have bled a lot, as even mild scalp injuries often do, but even that was never mentioned. 

So it was a false pretext that would animate some thugs to launch an organized pogrom on the anti-genocide protesters, attacking them sporadically that evening, and then massively starting around 11pm. The main violence was done by a large mob of mostly older non-students, reportedly including members of the Israeli Defense Forces (IDF). A CNN report "unmasked" some of the attackers (reporter's post on X). The Gray Zone filed a report pretty similar to CNN's but harder-hitting and more expansive. An amazing article at Left Coast Right Watch gives a more comprehensive history of attacks on the encampment during its week of existence. 

Student camp disruptor Nouri Mehdizadeh was seen at least on the sidelines of this attack, excitedly talking to others about the events (4th video here). His frequent partner, Matin Mehdizadeh, was more involved, often seen in control of the loud speaker "which played taunting and repetitive music during the attack." He was also seen in the mob, hurling a traffic cone and, as the Left Coast Right Watch article  added: "At least two [fireworks] were shot from a mortar by a man who appears to be Matin Mehdizadeh." Furthermore, "Dolores Quintana, Santa Monica Mirror reporter, posted pictures of injuries sustained by an attack consisting of blows and bear spray. Matin Mehdizadeh appears to be one of those attackers." Matin was seen verbally harassing Quinatana, but not involved in a physical attack that I saw. "In the post, Quintana implies the same group may have been responsible for the attacks on Daily Bruin reporters. LCRW heard a scream in the same direction as the mob went in after the attack on Quintana. It appeared to be at the same time Daily Bruin reporters stated they were attacked." Matin may have been involved in that. (an article on that assault)

Furthermore, Nathan Moghavem, who apparently funded the counterprotest and had Nouri's help setting up the video screen, was also identified at the scene - not in the mob, but talking with the police behind that (Film The Police LA on X) Moghavem would be outed as the "anonymous" financier of this whole operation (Alex Martinez on X, citing the Daily Beast), and seems to have deleted his Facebook account as if in embarrassment. 

Attackers repeatedly rushed the camp's eastern flank, tore apart the barricades of metal fences and wood and sometimes hurled those at the protesters, before attacking further. At right: one attacker swings a 2x4 into a protester's head, gashing his scalp terribly. This bled a lot, and was said to require 12 staples to close the wound (video). This balding, hyperactive attacker would go on to punch and kick someone who came to the defense. He's been visually identified as an active duty IDF soldier, Eliran Bismut. Though the ID is unconfirmed, Bismut changed his profile name on X and made his account private as soon as he was  identified. (Film The Police LA on X)

But the first (and only?) attacker to be arrested, on May 25, was 18-year-old high school student Idan On, seen wearing a spooky white mask as he swung clubs and hurled objects at people. According to CNN's reports, Idan's mother was proud of his going to "bully Palestinian students" and of his plans to move to Israel and join the IDF (to "bully" real Palestinians). Idan, or someone looking very similar, was also seen in earlier incidents: shouting "you're a dog. I'll fuck you up" in this compilation of Zionist hate speech just at UCLA, and slyly yanking a woman's hair as she tried to engage with the counter-protesters. The woman's mild response to this had some beefy, angry Zionist men moving as if to beat her up, before she was pulled to safety by other protesters.  

The assailants widely pepper-sprayed and bear-sprayed people so that everybody in the area could feel it. Perhaps the worst offender was the nasty little guy in a maroon hoodie, reported to the UCLA PD on May 17th by journalist Dolores Quintana, for his pepper spraying her directly in the face. She lodged a name, Eyal Shalom, from an identification that convinced her, but it remains unconfirmed. It's unclear if he is or was a student or if he was ever arrested. Whatever his identity, this attacker dubbed #UCLAMaroonHoodie "committed over a dozen other felony assaults that night, causing serious injuries to multiple victims." (Film the police LA) Some scenes at right, including his sickening attack on Quintana. 

The terrorist mob repeatedly launched heavy fireworks into the camp, perhaps hoping to set tents on fire. As noted above, Matin Mehdizadeh seems to have launched at least 2 of these. Matin also seems to be the main DJ leading a psychological attack with hostile noises and music relating to Israeli crimes in Gaza, which the attackers celebrate. They deny supporting any genocide, but between their vile insults the attackers shouted things like "second Nakba!" (another ethnic cleansing of Palestinians, as in 1948) as their goal for the Palestine and/or this protest camp. #UCLAMaroonHoodie was filmed boasting of the Gaza death toll, shouting “The Score is 30,000, motherfuckers. 30,000 and counting, bitch.” as if to demoralize the protesters; (like "we hope that death toll climbs, you cannot stop it from climbing, and maybe you'll be added to the toll.") 

The Gray Zone's report suggests Jewish private security firm Magen Am policed the attackers, perhaps to keep them within certain bounds and avoid killings. If so, it seems everything that happened was within their bounds. The violence ran for some three hours as police stood by, actually seeming to come behind the attackers and push them forward into the attack, as Zionist supporters cheered them on from the sides, chanting "USA! USA!"  They finally ordered the state-aligned terrorists to disperse around 2am, almost like they were barkeepers closing it down for the night, making zero arrests. CNN reported at least 25 protesters were sent to emergency rooms "to receive treatment for injuries including fractures, severe lacerations and chemical-induced injuries." 

Aaron Cohen, an IDF vet and US police trainer, coordinating with the LA Sherrif's Department and Dr. Phil McGraw, would claim that he infiltrated the protest camp just by wearing a keffiyeh scarf, seemingly on the following night (May 1). He says the protesters were "a very aggressive crowd, got that glazed look over their eyes, no concept what they're doing," but serving someone's "calculated agenda." Cohen really acts like he's at war with Hamas itself here, just a branch that's too "dumb" to be armed at all. But he said "the dumber they are the more dangerous they are, and that's the way Hamas works with recruiting," and that's why, he says, all the protests with their "pro-terror antisemitic chants" must be shut down immediately, before his home nation(s) are harmed by divestments or the like.  https://x.com/CL4Syr/status/1787824231004381588

Cohen says he reported his findings to the LASD, perhaps to assist police in their coming assault. The night of May 1, armored California Highway Patrol police moved in and violently cleared the camp, arresting some 200 protesters, and injuring quite a few with their batons and rubber-coated bullets.

Graeme Blair, a member of Faculty for Justice in Palestine at UCLA, said “the university failed to protect students from outside agitators who attacked with fireworks and bear spray, and then called in the California Highway Patrol to beat up their own students and shoot them with rubber bullets, sending dozens to the hospital,” Blair said in the statement. “These policies have one simple goal: stop dissent on campus about UC’s complicity in the war on Gaza.” (Daily Bruin

A statement from Students for Justice in Palestine said in part "The university would rather see us dead than divest." Hypothetically. But in the future, that could be far more likely; a court has ruled that violently-opposed students of the Jewish faith cannot be excluded from anything, even as "a de-escalation strategy." In other words, anti-genocide protests that need to exclude Zionist Jews for security reasons simply cannot have that need recognized. By law. 

"Jew Exclusion" in Detail (The "Injuries")

Some protesters speak of fears that someone would be killed in the mob attack of the 30th ("I thought I was going to die" - the Daily Bruin), and of ongoing trauma from that and/or the following night's police raid. But on the other hand, as the LA Times reported, "Some Jewish students were shaken by the experience" of being denied brief entry to the encampment, "arriving at Hillel [a campus support group for Jewish students] upset and even crying." And this, not the sanctioned terrorism against genocide opponents, is what sparked a big lawsuit to force the University to enact new rules that wind up protecting the genocide from some too-effective forms of protest. 

Of course, it's explained it differently by those bringing the lawsuit. The Becket Fund for Religious Liberty (Becket Law), a non-profit firm dedicated to "Religious liberty for all," filed a complaint with US district court on June 5. The complaint and the resultant injunction can both be found here: Frankel v. Regents of the University of California (becketlaw.org) 

The complaint and the injunction ignore all of the violence described above, and any valid reason for protesters to limit access, pretending the only issue was antisemites blocking Jewish students from some shortcuts and perhaps from one specified locale, Powell library. 

No one argued that Jewish supporters of Israel should be allowed into an opposing protest to join it, or disrupt it, or to aimlessly linger there. As spoken, it was all about the legitimate right to pass through, to access crucial sites for their education, or to do so by a shorter route. "Ensuring that Jewish students could pass safely through the areas to access Royce Quad, Powell Library, Royce Hall, and other locations on campus" was the key thing the university failed to do. 

The complaint cited three plaintiffs. Each one gets a long section explaining how super-religiously Jewish they are and how crucial Israel and Jerusalem are to them, explaining why they cannot denounce Israel to meet the protest camp's demands. Each includes a relation of antisemitic things they claim to have seen or heard around, and then a relation of how they were "personally impacted by UCLA’s Jew Exclusion Zone," the key issue in the case. These summaries just address the specific "injuries."

Yitzchok Frankel is a 2nd year law student who "frequently traverses Royce Quad to get from the law school to other locations on campus, including Kerckhoff Coffeehouse and other food establishments, and to purchase items from the campus store," and he "frequently walks around Royce Quad in between classes, sometimes to take breaks, other times while engaged in long telephone conversations or when meeting with his law school mentee" and "has also brought his young children to Royce Quad on numerous occasions to socialize as a family." 

"Because of the establishment of the Jew Exclusion Zone and his knowledge that he could not go through the encampment without violating his faith by disavowing Israel, Frankel ceased all of these activities." He either stopped going to these places or took alternate routes, and had to do his strolling somewhere else. Either way, he also set to planning his legal revenge over these vague, seemingly mild inconveniences.  

Eden Shemuelian is also a 2nd year law student who "frequently ... walks through Royce Quad to access other parts of campus, including to get food and coffee at other campus locations" or just to walk around and get fresh air, because it's central and she has an "affinity" for it.  "Because of the encampment and her knowledge that Jewish students were being denied access to Royce Quad and academic buildings, Shemuelian ceased all of this activity, opting instead to stay home or to not leave the law school at all." 

In fact, Shemuelian  "ceased attending any of her classes in person because of the fear and intimidation caused by hearing antisemitic chants every time she entered the school" at all, not just passing by the encampment. This left her no choice but to stay at home and pout, working on her legal revenge in between virtual classes.

On April 26, Shemuelian got close to the camp and joined some counter-protesters just outside the barricade, where she witnessed security "acting to stop individuals from passing through." She tried to read all the signs for long enough that "the CSC staff member told her that she either needed to come into the encampment and participate or leave the area." He said he had “been asked to keep this area clear” he was “not the problem, you guys are.” And they probably were the problem, but then again ... they were Jewish Zionists. 

Joshua Ghayoum is "a UCLA sophomore studying history and pre-law. Ghayoum is Jewish and the child of Persian immigrants who came to the United States fleeing antisemitism in Iran" who "was stopped twice at encampment checkpoints while attempting to enter Powell Library and to access Ackerman Union." 

"On the first occasion, while attempting to get to Powell Library to study for his midterms, Ghayoum encountered a massive barricade flanked by security. A security guard informed Ghayoum that he could not proceed past the barricade. Ghayoum walked to the other end of the barricade, only to be confronted by a second security guard who gave the same instruction. Both security guards wore yellow vests reading “CSC.”"

"Based on knowledge of the encampment’s lawlessness, Ghayoum knew that if he jumped the barricade, he risked facing violence. So he abandoned his plans to study in the library altogether." He went home and started planning his punitive lawsuit instead. I'll consider this a bit more below. First ...

The other incident came after he jumped right in despite that scary "lawlesness" and its "law" against his jumping in. He was hoping to meet a friend at Ackerman Union to the southwest and, while other routes were open, they were a bit longer and he preferred the route across the camp. Maybe in the style of Matin and Nouri Mehdizadeh - fellow Persian Jews, for what it's worth - he entered and spent some energy evading camp security to get 2/3 across before he "was approaching Janss Steps, when he was stopped by a male approximately in his early twenties and told he could not proceed without showing a red wristband." 

He tried to carry on, but 3 other protesters came and helped block Ghayoum and wound up "forcing him to walk backward away from the Steps" by somehow preventing his turning around to walk back out face-forward. "Occasionally, the activists made physical contact with Ghayoum," but that's the closest thing to violence he encountered - a lucky break given the camp's "lawlessness." 

"Ghayoum abandoned his effort and cancelled the meeting with his friend. He also understood that any further attempts to access the Jew Exclusion Zone would be futile." His dreams were crushed. After all the time spent crossing the encampment, then having to walk right back, he had no energy or interest to start again on a different route, and tragically had to cancel his plans. Again, he just went home to pout (or gloat?) and added this story to his lawsuit.

Checking on Powell Library Claims 

In a 2011 Google Maps street view that could be dated, Powell Library has a main entrance facing north, a 2-level entrance on the east side, no entry on the west side, and another proper entrance on the back or south side (along with what seem to be a service door and fire escape). These are shown in the map graphic below. The north face - currently under construction scaffolding - was closest to the camp at first, on April 25, but was not at all blocked by it. By the 30th, a massively expanded camp engulfed the main entrance and the sidewalk connecting to it so that passage there required initiation. 

Protesters also seem to have occupied the east entrance around the corner. The visual scene there (below) seems a bit complex, but I imagine those clustered outside the fence are mainly Zionists trying to get in or just to shout at the protesters. I see at least one with what seems to be a kippah and Israeli flag over the shoulders.

A video posted April 29 at the lower level east entrance show it is blocked to those with no wristband, as one self-described Jewish Zionist finds (right). The Eli Tsives video mentioned above was filmed along the library's east side, at the south end, not far from the back entrance. If the path to the side entrance is blocked, that entrance was fully inaccessible just like the front door was. The area with the crowd shown above should also be blocked by this time.

But the Tsives video was taken at the blockade's start, that leaves open a path to the left and up to the library's south entrance (see map below). I see nothing blocking the back entrance, but I've also seen no video of it that day - perhaps because no newsworthy Jew-exclusion occurred there? 

CBS reporter Amanada Starrantino was told on the 30th that the library was open, had been open, and would remain open, and that "students can enter on the south side, only with their student ID." And as the one student was blocked from the library's side door, he didn't need to be told about the back door. He told the baffled security guards “I’m just standing here. I am showing you how pointless your blockade is because I got in through the other entrance and now I'm standing here. You guys want to prevent Jewish students from entering, fine." Hands fly up in exasperation as he proves their point: We never blockaded the library. If you want in, use the back door. If you want to just break our lines and our camp, NO. 

The 2 entrances within or right next to the encampment were sealed off. My guess as to why: CSC security decided to shut down this area because it had become the scene of too much friction as Zionist students passed, claiming to be on their way to the library. As a deconfliction strategy - a kind now made illegal - any student who was not involved with the protest might be asked to use the back door and leave the camp alone. Security would say it's to keep the area clear, as they reportedly did say to plaintiff Shemuelian - agree and get in the camp, or go somewhere else. 

And this kid's video suggests orders were put out to challenge this exclusion, and morons like him often got this memo. He evaded the "blockade" at one door, so he argues "blockaders" may as well give up and let everybody in every door, even or especially the Zionists. But on the way to his pointless point, this kid disproves plaintiff Joshua Ghayoum, who "abandoned his plans to study in the library altogether" after being turned away at the barricades blocking the north and east entrances, and apparently without even trying the open south entrance. After all, it's harder to complain about denied access, in a court case leading to a legally binding ruling, if you could actually gain access with nothing more than a few extra steps. (2 alt. routes shown in green - details depending, it might have required the long route)

So it seems the library was open to plaintiff Ghayoum and to every student, despite his testimony in this court case. There was no "blockade" rendered useless, but there was legal case that's proven to be fallacious & malicious.

As far we've heard, all other relevant destinations were left open, with only some routes between them blocked. None of the plaintiffs reports being "blocked from classes" like so many reported. The purpose of an occupy/sit-in camp is to disrupt spaces and routines, and some students like Aiden didn't mind. But they barely disrupted anything here, and still it was too much for some Zionists. They just had a complication added to their commute, and decided to give up in a pouty huff, stay at home and focus on their punitive lawsuit to shut down future protests. 

Finally, consider how the exclusion of "Zionists" was to avoid harassment and disruption. The fact these 3 basically sued this type of protest shows a hostile intent bearing out their exclusion as valid. They're exactly the types who should have to walk around the camp, and then deal with it civilly. But instead, they filed a malicious suit that should have been tossed out but wasn't, and now anything they would have to walk around just cannot be allowed. 

The Ruling in Effect & Conclusion 

I'm not clear on UC and UCLA's reasons for limited pushback against judge Scarsi's August injunction. Mary Osako, UCLA's vice chancellor of strategic communications, initially told reporters the ruling "would improperly hamstring our ability to respond to events on the ground and to meet the needs of the Bruin community." (LA Times via MSN) It's not clear what that meant, but she added "We’re closely reviewing the judge’s ruling and considering all our options moving forward.” and the university would soon appeal the ruling. This appeal was based, as reported around, on UCLA's claim it "has no responsibility to protect the religious freedom of its Jewish students because the exclusion was engineered by third-party protesters." (Jewish Journal)

But then the chancellors withdrew that appeal and instead ordered their universities to disallow any sort of encampment that might involve exclusion of anyone, regardless of religion. University of California President Michael Drake sent an e-mail on August 19 explaining how overnight encampments will not be allowed, and that "no person shall restrict the movement of another person or persons," with no mention of religion or political beliefs.  

The UCLA Daily Bruin reported there was already, since July, pressure from the California State Budget for Drake "to create a “systemwide framework” for free speech guidelines across the UC by Oct. 1, or else would withhold $25 million in funding from the University." They were working on that framework when the injunction added a legal wrinkle. Drake's email added that these new guidelines, as the Daily Bruin put it, "seek to create consistency in campus responses to protests." Is this because Scarsi's ruling, in application, would lead to inconsistencies with totally valid UC policies, or create awkward scenes like pro-Semitic religion checks at the protest barricades? It might seem more "consistent" to prevent such protests and such barricades from ever appearing. 

UC statements don't cite the racism or unfairness of the ruling, but all their enforcements point to it by failing to specify Jewish students as especially protected. They know this is wrong to order and wrong to implement, so they quietly set to finding a replacement. Since "other persons" does include Zionist Jews, it should work to meet judge Scarsi's demands, even though it lacks the full spirit of the ruling. They're probably allowed to treat Zionist Jews the same as other students, giving them no special rights, so long as no one has a right to do anything a Zionist Jew would have to avoid, or would want to disrupt. 

No one at UC is allowed to recognize the legitimacy of a cause by permitting such a camp, as it did in 2024, and as it has done in decades past for other winning causes. Basically, they're not allowed to permit any danger to the current Israeli regime and its highly criminal projects. This might injure anyone religiously or morally motivated to oppose Israel's genocide. They can still protest for their cause, they just can't have a camp, and - in line with Scarsi's ruling - they cannot take any measures to avoid harassment or disruption by Zionist Jews. 

The UCLA Daily Bruin reported on September 4 on new "Time, Place and Manner (TPM)" regulations for demonstrations at UCLA announced by Administrative Vice Chancellor Michael Beck and Vice Chancellor for Student Affairs Monroe Gorden Jr.. The rules were effective immediately but open to comment. Undergraduate Students Association Council and United Autoworkers complained about a lack of consultation, and would have some comments. 

In consideration of the district court's injunction, the new rules included “Reasonable access to and exit from classrooms, laboratories, parking structures, offices and buildings must be provided at all times,” again regardless of religion or political beliefs. As we've seen, this was already the case - only some preferred shortcuts were blocked. 

Otherwise, the details include, per a Daily Bruin article: protesters need to "identify themselves when asked to do so by university officials." Activities like leafleting, picketing, and public speeches are limited to areas around Bruinwalk and outside Murphy Hall, between 6 a.m. and midnight, so long as they "do not otherwise disrupt campus activities." Marches must also move constantly, and can only use amplified sound with special approval. Protests in Bruin Plaza are allowed with permission. In Dickson Plaza (where the 2024 "Jew Exclusion Zone" was) they're not allowed at all. "Protesters hosting public-expression events – such as protests or picketing – will also now be liable for security and crowd control costs associated with those events," something many organizers will be unable to afford. 

"Several regulations appear to be aimed at preventing encampments," the article notes, including "a ban on the use of tents and camping equipment, new restrictions limiting the distribution of food and the closure of campus walkways between midnight at 6 a.m." and the use of any paint or even chalk is not allowed on campus property.

Graeme Blair, a spokesperson for Faculty for Justice in Palestine at UCLA, said “College campuses are places for vigorous debate of the biggest issues in our society, past, present and future – and those discussions should not (be) relegated to small pre-approved slices of land.” Blair called the rules “a transparent attempt to silence students speaking out on behalf of Palestinians dying in Gaza and demanding that our campus not be complicit in their deaths.” 

The August injunction is the result of some Zionist Jewish students - and powerful outside allies - taking organized action in support Israel's genocide, on the basis of nonexistent "facts" and invented "injuries." These deceptions carry the day with judge Scarsi, allowing them to shape everything beneath this absurd and racist legal ruling, and now others now lobby to expand the absurdity. James Pasch, senior director of national litigation at the Anti-Defamation League, would say “While this decision might only affect UCLA [and the whole UC system], it should reverberate across the country,” and “It is crucial for every university to know that their students cannot be banned from areas of campus or from organizations on campus for who they are, full stop." (Jewish Insider

Pasch never said the parts after that false "full stop." So I'll say it for him: "... so long as they are a Zionist Jew, demanding access to a protest they're validly barred from for their likely hostile intent. Every university should know that any effective challenge they allow to Israel's ongoing genocide will be met with organized attacks by Jewish students and maybe outsiders, and they cannot allow the protesters to defend themselves from these attacks. These protests simply need to fail, one way or another, and people could die on the present course. Universities need to understand that, and help us repress this danger more smoothly in the future." 

Droves of well-paid lawyers, Trump-appointed judges, Israeli-trained police forces, and Zionist thugs with Nakba wishes stand by ready to ensure this. We can likely count on droves of cowardly university chancellors to joint them more fully in the process of suppression. But it's noteworthy how much effort was required to get here. And of course in the eyes of the true protesters, whoever becomes part of the machine of genocide and repression is just another one to keep on resisting.

Monday, August 26, 2024

Israeli Hostage Noa Argamani: "I Was Not Beaten"

August 26, 20124

Another Israeli lie about October 7 and the hostages has failed, and this time, the person debunking the lies is as Israeli hero, one of the rescued hostages, Noa Argamani. But this lie, as it turns out, isn't so clear and the issue has sort of worked itself out, with media correcting themselves midstream before this distortion spread very far.  But for good measure, at least, I had this look to try and get a clear understanding of just what happened here.  

Noa Argamani is arguably the most famous face of October 7 abduction, seen taken away on a motorcycle, gesturing pleadingly towards her abducted, wounded and helpless boyfriend, Avinatan Or. While Avinatan remains in captivity, Noa was rescued, along with 3 others, in a controversial commando raid in Rafah on June 8. After almost exactly 8 months as a prisoner in Gaza, as she now says, it's a "miracle" she survived, and even got back in time to see her mother again before she passed away from brain cancer soon afterwards.

On August 21, the Embassy of Israel in Tokyo invited Noa and her father Yaacov to the G7 meeting there, to speak about her ordeal and why Israel has to keep on smashing Gaza to bits. Spoken softly in imperfect English, her comments caused a stir. She related the harsh conditions including scarce food and water (Israeli blockade) and the frequent Israeli bombing, and advocated for the release of the remaining hostages - including Avinatan. She also uttered some confusing words that seemed to provide Israel and its boosters with fresh confirmation of Hamas atrocities. 

Most of the media reports to this effect have now been revised, but New Delhi TV's report "'They Hit Me All Over My Body': Israeli Woman Held Captive By Hamas" remains unchanged. "Noa Argamani, an Israeli woman who was abducted by Hamas on October 7, has said she was beaten and her hair was cut in captivity by Hamas. "They hit me all over my body. Nobody came to save me," she told the media."

And here's what she said, according to an edited video clip run by Israeli channel 12 (via Oli London on X): "It's a miracle that I'm here." - cut - "Every night I was falling sleep and thinking this may be the last night of my life."  - cut - "All my (hair?) was cut and I was being hitted all over my body, but nobody came to visit me. Nobody came to see me. Nobody came to give me medical aids. Nobody. Until I got rescued. It's a warzone." 

It sounds kind of like her captors shaved her head and then beat her daily, so badly that every night she was afraid she'd be beaten to death in the morning. 

The haircut might seem like a strange non-sequitur to focus on, but it has a possible meaning known to many Israelis, though they won't want to mention it, that would suggest this was related to sexual abuse by her captors. 

There was a long-secret trial over IDF soldiers who, back in August, 1949 kidnapped  a teenage Bedouin girl, gang-raped her for 3 days, and then murdered her and buried her in a shallow grave. Even before the secret trial records were discovered and published by Israeli newspaper Ha'aretz in 2003, the case was hinted at in an entry in the diary of David Ben Gurion, Israel's first PM: "It was decided and carried out: they washed her, cut her hair, raped her and killed her," he wrote, calling it a "horrific atrocity." (The Guardian, 2003)

It's widely believed in Israel that the female hostages in Gaza are in fact being raped, probably every day. Evidence to this effect exists in one woman's testimony and many second-hand claims. But these claims could well be untrue, motivated by political agendas, and they're widely disputed by several accounts that no such abuse took place. Ms. Argamani has never mentioned such thing, but perhaps they thought she was hinting at it and moved to amplify that hint. Or maybe they realized they were inventing this hint.

Whatever they were trying to imply, Ms. Argamani would have none of it, reportedly issuing a response via her Instagram account on August 23. As Middle East Eye reported

"...two days later, she issued a statement on Instagram, saying that some of her remarks had been misquoted and taken out of context." 

"Contrary to some Israeli media reports, Argamani clarified that she was not beaten or had her hair shaved by Palestinian fighters." 

"I cannot ignore what happened here over the past 24 hours, taking my words out of context," she wrote, referring to the Israeli media coverage of her Tokyo speech.

This statement image is not on her main page now, but people have screen grabs of it, with Hebrew text over a "Bring Them Home Now" poster, and Noa's account name as the author. Here on the right is a grab from someone on X, taken after 18 hours, Here's another one on Instagram, from 1 hour after, with a translation reading so:

I can't ignore what happened here in the media in the last 24 hours, things taken out of context.

I was not beaten and my hair was not cut. I was in a building that was bombed by the air force. The exact quote is:

This weekend, after the shooting, as I said, I had cuts all over my head 

And I was hurt all over my body. (in red)

(I emphasize that I was not beaten, but injured all over my body by the collapse of the building on me)

As a victim of the 7th of October I will not allow myself to be victimized once again by the media.  

I don't think that's exact. See below - I think she copied over "this weekend" from someone's transcription of "as I said." Nothing relevant had happened "this weekend."

Again, this post does not appear on Noa's main Instagram page where (I think) it should be, Maybe she was pressured to pull it down? There are several copies on her "tagged" page, besides other images relating to her comments, although I think other people do that tagging. Social media accounts I trust and some professional journalists say she did in fact post this. No one's word is cited, so it seems they saw it there themselves. I didn't see it, so I'll cite them:

Brett Wilkins, ZNet (via MSN): "Responding to reports in outlets including The Jerusalem Post—which on Thursday ran the headline “Hamas Beat Me All Over”—Noa Argamani said on Instagram that “I can’t ignore what happened in the media in the last 24 hours.”"

The Jerusalem Post - in an updated version of the very article in question - would state as fact that "Argamani went to social media" to say these things. Initially, it did say "‘Hamas beat me all over my body,' Noa Argamani says in first testimony on her captivity" It sounds like the body beatings were administered during captivity. and by Hamas, or at least that's what she seems to have said. The JPost article has since changed, so here's a modified screen grab from Tameem on X

As I show below, the old headline still brought up a certain article when I checked, but now the headline is different: 'It's a miracle I'm alive" says Noa Argamani in first testimony on her captivity." I'm not sure what the original article text had said, but now it starts with a different cause and a different word for the "beating." 

"After she was taken hostage on October 7, she said she had cuts all over her head and was hurt all over her body." So that happened during her kidnapping, not during her extended captivity. But further down, they give yet another reason - the third one suggested in this single article:

Despite media reporting that she was beaten by Hamas," - some of that in the first version of this very article! - Argamani went to social media on Friday to say that her words had been taken out of context. She said she was not beaten and her hair was not cut.

"I said, I had cuts all over my head and I was hurt all over my body." Argamani emphasized that her wounds came from the collapse of a building after it was bombed by the IAF.


So she now specifies she was NOT beaten in captivity. This is new. Previously, one could assume or even say that was, since she had never specified. But now she has. We learn every day. 

Seeing the Channel 12 video, the translation issue still seemed confusing to me. So I looked for a full video of comments in order, and found one here that works well enough. My call that Noa twisted her own words a bit before anyone else did, but referencing a certain video helps it all make sense. Here's a full transcription of what she says, in 2 long segments:

"Every night I was falling sleep and thinking this may be the last night of my life. Until the moment ?? July 8th (meaning rescue on JUNE 8)? 'til today it was dangerous even all this time and I just did not believe that I was still surviving. In this moment that I'm here sitting with you, it's a miracle that I'm here. It's a miracle because I survived the 7th of October, October 7th, and I survived this bombing and also I survived the rescue." 

- cut -

"It's really sad that all the world sees the army doing in Gaza but they don't see what the terrorists doing to us 'cause they hiding us in tunnels and house that nobody can see us. In this video, I've been after the shooting with, as I said, (or "this weekend?") all my head was cut and I was being hitted all over my body, but nobody came to visit me. Nobody came to see me. Nobody came to give me medicine aids."

For "all my head was cut," auto-captions by sound gave me "all my have was cut." It's reasonable enough to hear it as "all my hair." "All my head" is, in fact, unclear English. A clarification was called for.

"Being hitted" also sounds more like being hit or beaten, repeatedly, than sustaining one-time injuries. But she says "I was being hitted," in passive form, not that Hamas actively hit or beat her, as some reported it. It could be 2 ways of saying the same thing but it's not. She meant she was injured all over. 

An unclear video is referenced. Noa gestures to her right at "this bombing" and at "this video" that came after "the shooting" (of the video? of guns?), I guess indicating a video that was recently shown on a screen to her right. Is she referring to her famous abduction? She's not notably injured in that, and no one has mentioned her being injured. Or did they show her rescue video? I don't believe she was injured in that either. 

It seems the only time she would suffer such injuries is in one or another of the two IDF airstrikes she survived in January. In fact, she describes just these same injuries in a video posted to Telegram by the Hamas-affiliated Al-Qassam and Al-Quds Brigades soon after, on January 18. I suppose this is the video shown, and not seeing that, the reference seems confusing. When she says "this bombing," and "this video," and even "the shooting," she means the bombing discussed in this (present) video they had apparently all just seen. 

"There is no water or food. All resources have been depleted," she says in the video, according to the translated subtitles. "Al-Qassam soldiers are treating us well. They are caring for us as much as they can but there aren't much resources left." Relating the first attack: Along with Yossi Sharabi and Itay Svirsky, "I was located in a building. It was bombed by an IDF airstrike." 3 missiles were fired, she hears, from an F-16. One was a dud but 2 detonated very nearby, collapsing at least part of their own building on top of them. "We were all buried under the rubble. Al-Qassam soldiers rescued my life and Itay," she says, but Yossi Sharabi was killed. Then, after "many days" but just 2 nights, she says the 2 survivors were being moved to a new, safer location, when their vehicle was hit in another IDF airstrike, killing Itay. 

After the two attacks combined, Noa says, pointing to her long, cascading hair: "I remained injured in my head. My head is full of shrapnels and have injuries in my body." 


This is exactly what she was referring to, like she said on Instagram. Her gestures and use of "this" suggest everyone in attendance had seen it and probably knew wjat she meant. Or perhaps not - maybe just a clip was shown, or maybe the sound or subtitles were removed, so that Noa had to add these details in order to relate her actual story.

So it's clear that the initial media reading was fallacious and that Argamani's correction is correct. However, her own unclear wording somewhat divides the blame. I don't suppose this distortion is just an honest mistake, but it could be. And, again, it doesn't seem this "lie" made it very far.

And still,  it is a miracle she survived Israel's brutality. 4 times she cheated death: once on 10/7, when she made it to Gaza alive on that motorcycle while many didn't - perhaps as many were picked off by IDF Apache helicopters as made it to Gaza alive. Then she saw 2 fellow prisoners killed in IDF strikes that left her injured and the sole survivor of her small group. And finally, as she notes, she survived the intense rescue operation that freed her and 3 others, but reportedly killed another 3 hostages (unnamed), along with scores of Palestinian civilians (over 250 reportedly killed, but this includes some fighters). That's 4 situations with a roughly 50% chance of death that she made it through. Here's a picture I made a while back,

Sunday, August 25, 2024

Israeli Hostage Killings in Gaza: A December 7 or a February 6?

August 25, 2024

edits/updates August 26

Suffocated or Shot?

On August 20, it was reported that the bodies of six Israeli hostages, five of them already confirmed dead, were just recovered from a Hamas tunnel in Khan Younis during an overnight operation. These were given as: Chaim Peri, 79, Yoram Metzger, 80, Alex Dancyg, 75, Nadav Popplewell, 51, Yagev Buchshtav, 35, and Avraham Munder, 78.

The Times of Israel noted "the IDF said it would continue to investigate the causes of the men’s deaths, including the possibility that some or all of the six were killed by Israeli fire amid military operations in Khan Younis." This possibility was aired on the same day, by details reported on Yedioth Ahronoth's Ynet website: Yoram Metzger was murdered in captivity. Assessment: The 5 abductees suffocated to death due to fire from an IDF attack (auto-translated from Hebrew)

Apparently, during the 98th Division's maneuver in Khan Yunis six months ago, a target was attacked near the tunnel from which the bodies of Alex Danzig, Yoram Metzger, Avraham Monder, Haim Peri, Yagev Buchstev and Nadav Poplwell were returned. It is estimated that carbon dioxide was emitted from the fire and flooded the tunnel, and 5 of the abductees – and the terrorists with them – died. 

However, as they reported, "Metzger, according to the autopsy, was murdered." The article gives some detail on this:

Yoram Metzger's family says that autopsy results at the Institute of Forensic Medicine in Abu Kabir revealed that he was shot dead by one of his captors. Apart from him, the main assessment of the circumstances of the captive deaths of the other five abductees ... is that they were killed by suffocation in the tunnel in which they were being held – as [an accidental] result of an IDF attack."

This was causing some stir before someone came back on the 22nd with a contrary assessment, sourced to the Israeli Defense Forces (IDF) and to the Hostage Families Forum, presumably based on what the IDF told them. So it's an IDF claim. As Reuters would report on the 22nd, "Bullets were found in the bodies of the six Israeli hostages retrieved from Gaza this week, the Israeli military and the Hostage Families Forum campaign group said on Thursday." Furthermore, "The military told Reuters it retrieved another four bodies alongside its hostages, presumed to be Hamas militants, and that those bodies did not show signs of bullet wounds." This clearly shows that the guards shot the hostages dead before they themselves died from suffocation in some separate event, as opposed to their all dying from suffocation at the same time.

This post will explore this controversy along with some related context to raise the possibility that Israel did in fact kill everyone at this site and is currently promoting a false narrative to deny that.

Altered Date? December or February

Times of Israel's first report on the recover noted "In December, Hamas had published a video showing Peri, Metzger, and a third hostage alive, and in March the terror group claimed that the three were killed by Israeli strikes. In May, Hamas shared a coerced propaganda clip featuring Popplewell. It was apparently published weeks after he was killed." The report also noted: "The five were believed to have been killed in Khan Younis in early 2024, although the causes of death are not known."

New York Times: "in early June, the Israeli military’s chief spokesman, Rear Adm. Daniel Hagari, said that it was examining the possibility that some of the hostages had been killed together months earlier while Israeli forces were operating in the Khan Younis area," and he would repeat this upon body recovery in August. "On Tuesday, Adm. Hagari was asked again about how the hostages died at a news conference. He repeated what he had said in June — that the “hostages were killed while our troops were operating in Khan Younis” — and added that a forensic examination would reveal more."

No one can give an exact date, but Ynet seems the most specific for incident details, involved units, and maybe the date: "The attack in question took place during the 98th Division's maneuver in the area about six months ago," they reported. That would be about Feb. 23, give or take some days. That's long after that video of them alive was published, and shortly before their deaths were announced. 

But things can be published or announced after they happen. In fact, their captors reported those 3 were apparently killed, or out of contact anyway, back in December, This would make them unavailable for new video shoots, suggesting that the video was filmed earlier and gave no proof they were still alive. And the March report was clearly couched as a delayed confirmation of their earlier deaths. 

Dec. 23 Telegram post

"Due to the savage Zionist bombing, we lost contact with the group responsible for five Zionist prisoners, including:

1- Haim Gershon Peri חיים פרי 

2- Yoram Etak Metzger יורם מצגר  

3- Amiram Israel Koper עמירם קופר 

"We suspect that the prisoners were killed in one of the Zionist raids on the Gaza Strip," but apparently everyone who would know for sure had been killed. This clearly relates to the group in question - two of these names - Peri and Metzger - are among the six recently recovered, although Amiram Cooper is not (see below for some optional sorting). And they say 2 others died with them.

On March 1 the brigades reported they had somehow confirmed the 3 deaths, and that a total of seven were killed, not 5. 3/1 announcement and video on Telegram

"We have previously announced that our contact has been cut off with our mujahideen who are guarding a number of enemy prisoners in our honest [Sadiq] sector (meaning what, I'm not sure)... After examination and scrutiny during recent weeks, we have confirmed the martyrdom of a number of our mujahideen and the killing of seven enemy prisoners in the Gaza Strip as a result of the Zionist bombing." They assert the total number of hostages killed by the IDF "may exceed seventy prisoners," adding that "the enemy leadership is deliberately killing its prisoners to get rid of this file." 

Of the 7 specified killed in December, they named, Peri, Metzger, and Cooper, promising "We will later announce the names of the other four dead after confirming their identities." Then a March 9 text post  and photo explain:

We previously announced the killing of 7 Zionist prisoners as a result of the barbaric Zionist raids on the Gaza Strip, and we revealed the names of three of them. After examining and verifying the identity of the remaining four dead, it was confirmed to us that the following were killed:

1- Itzik Jarat (Itzik Elgarat)

2- Alex Densig (Dancyg)

3- Ronin Tommy Angel (Engel)

4- Eliyahu Margalit 

In a Feb. 29 preview post, they explained "We had announced that we had lost contact with the group responsible for their detention on 12-23-2023 AD." This sounds like they claim this exact date. 

The IDF was fighting in Khan Younis in late February and early March, when the IDF now says the hostages were killed, But they were also there earlier. Wikipedia's "Siege of Khan Younis" page gives this as starting with airstrikes and artillery shelling on December 1, with ground forces entering on Dec 3, and in the city center by the 5th. The very 98th Division credited with the attacks on this tunnel was in Khan Younis, destroying tunnels, somewhat before this report of December 6: The IDF said they in Khan Younis, "operating in its center," where "The military’s 98th Division “launched a combined attack on the area of ​​the city of Khan Younis, against the ‘centers of gravity’ of the Hamas terror organization,” the IDF said. ... Soldiers killed “many” Hamas operatives in ground combat and airstrikes, and located around 30 tunnel shafts that were then destroyed during the ongoing battles, as well as a weapons depot inside a mosque."

Then again on December 27 it was reported "According to the IDF, the commando units are fighting Hamas “deep within Khan Younis,” killing many operatives and destroying the terror group’s infrastructure in the process, including tunnel shafts." (ToI) "Dozens" of strikes are mentioned, likely going back a few days, to the time of that lost contact report on the 23rd. I'm not sure if the 98th was involved then, but if not, then maybe some other unit sealed this tunnel and 98 was picked for the cover story because they had an alibi for December 23.

But according to Israel, the same people, more or less, survived December just fine, and were only shot dead while a battle raged above ground in late February. It's as if they read the delayed confirmation as a new death announcement and fit their narrative to that. And, according to Israel, the murdering guards, or perhaps their later replacements, somehow died later on. And so Hamas' 7 or so enemy prisoners including at least some of these 6, and their guards did all go quiet, while IDF troops were in the area. This is all agreed. But according to Israel, Hamas predicted it all months in advance, but in a scrambled form, in their totally untrue story. 

Also note how, as Ynet reported: "The forces of the 98th Division, consisting of a single but [reinforced] brigade combat team, led the operation to return the bodies of the six abductees, under the command of the paratroopers brigade commander, Colonel Ami Biton." Were they sent to clean up their own crime scene? 

Prisoner IDs Compared
I think I have this all sorted out, but conveying it in a non-confusing way escapes me at the moment, so ... good luck. 

It seems the December 7 could equate, roughly, with the February 6 just found, but for one. However, there's only partial crossover. In review, the 7 bodies reported by Hamas vs. the 6 recovered by Israel have:
3 hostages in both sets: Peri, Metzger, Dancyg 
4 left off the 7: Cooper, Margalit, Engel, Elgarat
3 added to replace those: Munder, Popplewell, Buchstav

All told, ToI reported: "Dancyg and Buchshtav had been confirmed dead by the IDF in late July, while Peri, Metzger, and Popplewell were declared dead by the army in early June. The five were believed to have been killed in Khan Younis in early 2024, although the causes of death are not known."

But who did they die with? One that's missing now. "On June 3, 2024, after obtaining new intelligence, the Israeli military confirmed the death of Israeli hostage Amiram Cooper, 84, who was killed in Hamas captivity." https://www.timesofisrael.com/taken-captive-nir-oz-founder-amiram-cooper-wife-nurit-released/
"four hostages" - Cooper, Peri, Metzger, and Popplewell - "were believed to have been killed together “several months ago” near Khan Younis" https://www.nytimes.com/live/2024/06/03/world/israel-gaza-war-hamas But when three of those were found together, Cooper was reportedly not there. And they also have a tally that's one less than in the original version. Hmm... 

Dancyg was somehow confirmed dead by Israeli authorities in late July, weeks after the above, suggesting he died separately from them. That would complicate the picture Hamas had painted. But then his now appearing with Peri and Metzger, just like Hamas had said back in December ... It's Israel's picture that gets complicated. (Oddly, I had picked Dancyg as a visual match for the 3rd man in the December video. But I hadn't checked all images, Cooper fits even better, was the name given (later), and was named among the 7 killed. But then he was reportedly killed in the same batch anyway.)

Eliyahu Margalit and Ronen Engel were declared dead, executed, prior to December 1 (Reuters), as they say, without providing evidence. That's earlier than the deaths Hamas reports. This has happened other times, as with Judith Weinsten, who were injured and "confirmed" to die from that, but then the Hamas side reports they survived that, only to be killed in a later IDF attack. This has the hallmarks of psychological warfare, but still, I usually suspect it's true, and the same applies to Engel and Margalit. 

Itzik Elgarat hasn't been mentioned otherwise by anyone I've noticed - there's no Hamas claim or Israeli confirmation one way or the other, and no body has been found yet. Hamas' claim of his death stands challenged.

Avraham Munder is news, never reported by either side as having died. ToI: "Munder had not been previously declared dead by the IDF, although the army had some information that had raised concern for his wellbeing. As such, until Tuesday morning he had been listed among the hostages presumed alive." This information did not include his being named among those killed in December.

And the other two have different stories already lodged. Nadav Popplewell was linked by Israel to this group back in June, while the Hamas side reports he was killed in IDF bombing at an unspecified time, perhaps as late as April, ("more than a month ago" as announced May 11), bombing that occurred in a "place of detention ... with prisoner Jodi Fainstein (meaning Judith Weinstein)," someone who was not in this group of men. (TG) Yagev Buchstav/Buchstab was said to die from lack of food and/or medicine, back on March 23 (TG), and would be confirmed dead on July 22. 

If these two actually died with Peri, Metzger, and Dancyg - on either alleged date - Hamas has concealed this with the later reports giving different causes and dates. Some kind of honest mix-up or translation issue might explain these differences, but otherwise they seem to complicate a direct translation of one group to the other. 

It also seems possible the IDF has tacked these 3 (Popplewell, Buchstav, and Munder) onto this scene somehow, after finding their bodies somewhere else, perhaps erasing the 4 others from public reports to make some room. (see below, "Scenarios" for more consideration of this.) This would give a different enough final picture to divorce these two stories. And if that was their idea, they might also change the date and circumstances, as it seems they have. But somehow, I don't exactly suspect this is the case either, and some unknown details are required to make full sense of this. 

Another point: a preview image before the 4 were named had blank plates in 2 different shades, 2 looking military and 2 I guess civilian. None of these 4 they would name seems very military. Though maybe all of them have served in the IDF, they seem like retirement age, and all were abducted from home, not a base. Either way, the 2 types here could explain the reports of 5 gone missing later being expanded to 7. Maybe just 5 were thought to be at the one site, missing the final reports to note how 2 more were just moved in. Or perhaps there was just 2 groups taken out at the same time, here lumped together. Then we would expect 5 bodies whereas we have 6. Something doesn't fully add up either way. 

Suffocated?

As noted above, Ynet reported "the main assessment" of medical examiners is that the victims "were killed by suffocation in the tunnel in which they were being held – as a casual result of an IDF attack." The best reason for this assessment is presence of any clinical signs for suffocation and, vague as those are, the absence of any signs of violent death. So according to this, they didn't appear to have been - for example - shot dead.

Their captors certainly seem to have died from something like suffocation. Reuters: "The military told Reuters it retrieved another four bodies alongside its hostages, presumed to be Hamas militants, and that those bodies did not show signs of bullet wounds." And these would be very close to the hostages in order to guard them, and most likely breathing the same air. 

The hostage bodies found "near" a "loose concrete deck" in the wall of one tunnel, according to Ynet. "The tunnel was connected to three different underground corridors, in each of which the fighters also discovered the bodies of terrorists, along with Kalashnikov rifles." Like the hostages, the guards "were also found [intact] and sound," but "according to one IDF assessment, the terrorists who were found guarded the bodies of the abductees in recent months, but were killed as a result of prolonged stay underground and in unfavorable conditions." It's not clear why they would later die non-violently, as if by suffocation, "months" after the prisoners were killed, apparently by some different suffocation episode. 

The tunnel entrance was found 10 meters underground, IDF sources claim. But was it always that deeply buried? The published recovery video (Ynet - see also Ynet: Inside Khan Younis hostage extraction) shows soldiers in the predawn dark, descending a narrow excavated path into a gigantic crater of dirt, with the tunnel entrance newly dug out far below. The excavation here is clear and limited. A powerful bomb must have made that gigantic crater it's set in, sealing the tunnel shut at least on this end. If the other exits were also sealed, eventually the oxygen down there would run out. Below is a contrast enhanced, sharpened, and labeled view as I see it. The crater fills the whole frame but for a sliver of the background at the very top edge - we see some buildings, and a lot of sky (meaning no more buildings there). 

So that's the place these six were found. Take note.

Interestingly, a channel 12 report said says the fighters here were killed in the same attacks that had them worried about a rescue; "The bombing killed Hamas terrorists who were guarding the abductees." (screengrab: I didn't find the article yet) Lucky thing this burial death spared the Israelis stuck in the same tomb, since they were already shot dead in a panic, before this doom descended on the place. 

Now they suggest it happened weeks or months later. in some possibly unrelated "unfavorable conditions." They're not so excited to claim any immediate deaths at this site. 

Depending just how the fighter bodies were found, they might have died more suddenly, suffocated when the oxygen was sucked from the tunnel in a fuel-air explosion, or possibly hit with toxic gas, if that makes any sense. Radios should still work underground, but the fighters here reportedly just went out of contact all of a sudden. A slow suffocation or even smoke inhalation is unlikely to silence them so quickly. 

This wouldn't be the first time. It was just over a week earlier, on December 14, when it seems Israel killed 3 of its hostages with suffocation or toxic gas. Unaware of any hostages in the area, they attacked a tunnel in the Jabalia camp, killing a top Hamas commander, Ahmad Al Ghandour. Afterwards, they found Israeli hostages Ron Sherman, Nick Beiser, and Elia Toledano, it seems killed either with poison gas or some asphyxiating effect of the weaponry used. https://thegrayzone.com/2024/01/18/israeli-army-gassed-auschwitz-soldier/ 

Bullets in Bodies?

Metzger was said to be fatally shot from the start, and later, it was reported that bullets or bullet wounds were found in at least some of their bodies, suggesting maybe they had all been killed by their captors rather than by any IDF attack. 

"Israel's Abu Kabir Forensic Institute found evidence of bullet wounds on the bodies of the hostages who were recovered from the Gaza Strip." https://x.com/MacTaskForce/status/1826916343980941562

"Breaking Report: Bullets found in the bodies of the hostages released this week. It is believed that the terrorists guarding the hostages killed them while in captivity, fearing a rescue operation during an IDF aistrrike in the area where they held hostages." https://x.com/IsraelMFA/status/1826605344866308456

Reuters: "Bullets were found in the bodies of the six Israeli hostages retrieved from Gaza this week, the Israeli military and the Hostage Families Forum campaign group said on Thursday."

New York Times: "A group representing relatives of hostages taken in the Oct. 7 attack on Israel said on Thursday that autopsies showed “bullets were found in the bodies” of six captives ..." 

Bullets were found "in the bodies." In all of them? Just some of them? Ora Levitt read it as "some" of the bodies, while The Persian Jewess and Adam Milstein read it as in "all 6" of them. But most people just cite the vague given form: "in the bodies," maybe all or just some of them. 

Already on the 22nd, that issue was addressed: "According to the institute’s report, the bodies of the six hostages all have signs of gunfire, likely indicating they were killed by their captors. Channel 12 reported that the military believes that they were executed by their captors during an IDF operation near where they were being held, with their guards possibly believing a rescue operation was underway." However, the report also notes "The findings are initial, and the IDF and health officials have not yet determined the exact causes of deaths." (ToI via MSN)

Of course, some of these men, possibly all of them, may have been shot during their abductions, and this may be the sole cause for those bullets. The state of these supposed wounds isn't mentioned. They might have been obvious older injuries, some 2-3 months healed, and that crucial detail was just left out. 

Furthermore, any bullets or marks the examiners saw presumably did not look fatal, from their location or nature. If they did, then that assessment of suffocation would be ungrounded. 

NYT: "But an Israeli military spokesperson, speaking on condition of anonymity because of the sensitivity of the matter to families, said on Thursday that the autopsies showed “marks suggestive of gunshots” on the bodies and stressed it was too soon to determine whether gunshot wounds were the cause of death."

Once this story has had time to serve its purpose, Israeli authorities will likely admit the bullets found in some bodies were unrelated to their deaths, which seem after all to be from some kind of suffocation. They may leave open that it was another accident as with Sherman, Beiser, and Toledano after all. But if they also admit the right date, it will dawn on some people that 9-10 hostages were killed by their own army in about the same way - suffocated in sealed tunnels - in two egregious incidents just a week apart. And this is the same time the IDF fatally shot 3 other hostages who just walked up to them. Do they want to admit to (at least!) 12-13 IDF hostage killings in just a week of this war dedicated partly to their rescue? No. So maybe this most lethal of the 3 incidents has to get moved and changed around. 

Scenarios

If the hostages appeared to some eyes to have died from suffocated, but some or all also had bullets in them, that could have a few possible explanations. They could be shot non-fatally at any point in their life before then, including on October 7, or just before the fire or "unfavorable conditions" that caused fighters in 3 connected tunnels to die, it seems, pretty suddenly. Or they could just be shot, with all contrary assessments just being wrong somehow, if the IDF's strange scenario were somehow true.  

One possibility: the tunnel was de-oxygenated or maybe even gassed in an attack by the 98th Division or whoever - they entered, found the guards and prisoners all dead, decided to shoot the dead prisoners but not the guards, and then call in the airstrike - this provided a better explanation, as a backup in case the better-yet explanation failed, and buried the evidence for the time being. They could then come back and rediscover the scene, and try for that better-yet explanation, cite the bullets as proof of Hamas murder. 

But again, these bullet wounds, intended to look fatal and probably succeeding, would have complicated or precluded that assessment that 5 of them just suffocated. Presumably, the relevant experts no longer stand by that call, deferring to the bullet thing. That makes sense. What doesn't make sense is these experts pressuring themselves to start with some obviously wrong reading. Anywhere else, you could assume they did that on purpose, because the Human race is mostly "Hamas." But this is the people at Abu Kabir, in Israel.

More likely: the 98th or whoever called in the airstrike that wound up killing everyone inside, with some form of suffocation. They might have known these prisoners were there, or likely had no clue. They probably just left the site buried as they set to burying others, and then just came back later, based on a tip or a hunch on reflection, or because it seemed like the right time to act on that buried knowledge, 

As for the story changes: these would obviously be intended to conceal the truth, and seem to include a date shift of 2 months and an artificial divorce of deaths at the site into two events, and perhaps misreporting some of the identities of the recovered bodies, This could involve using a few secretly recovered bodies from other locations for DNA proof and burial purposes, effectively erasing that many who genuineky were there and had their bodies recovered. That would leave them lacking a story...

Where are Amiram Cooper, Eliyahu Margalit, Ronen Engel, and Itzik Elgarat? Especially Cooper, whom Israel had previously placed as dying alongside Peri, Metzger and Dancyg, "months" prior to June 3. They should be there, per Hamas reports, and Cooper even by Israeli reports. I'm halfway serious in predicting exactly this story is planned: some or all of them - notably Cooper - will turn up somewhere else, and their removal from the site will be said to prove that Hamas guys outlived the prisoners - because they killed them, of course. And it would show how they were starting to remove and hide the bodies, so they were not trapped underground. It will be a small mystery how they became stuck underground and died themselves, in a totally unrelated incident halfway through this process. 

But that will hardly matter once they have absolved Israel of all guilt for killing Netanyahu's friend and these other fairly distinguished people. In time, we may learn of the unfortunate mix-up among the openly-recovered bodies - 7 as it turns out - and some secretly-recovered hostage bodies that "accidentally" helped them to temporarily erase this extremely embarrassing episode.

Narrative Origins?

This discovery came soon after Al-Qassam and Al-Quds brigades published, on August 15, their first ever admission to their own deliberate killing of a hostage. https://t.me/resistmirror1/8641

"After investigating the killing of an enemy prisoner at the hands of his guard, it was found that the conscript assigned to the guard acted in a retaliatory manner, contrary to instructions, after receiving news of the martyrdom of his two children in one of the enemy’s massacres."

It's not specified if this is a recent killing, or a prior development they were just now telling us about. No name is given, but a photo is shown of a wrapped body with his face half-uncovered, modified and perhaps unrelated stock imagery. Perhaps based on the photo, the IDF responded by claiming that victim was already killed and recovered by the IDF way back in November, so he couldn't be just now executed (but again, they didn't specify that). https://t.me/ILtoday/8248

Taking "his body" literally, it's unclear who this refers to. Just 2 bodies I know of were reported as recovered in November: Noa Maciano and Judith Weiss, both female, with different stories. The best fit was perhaps recovered at the end of November, but it was only reported on December 2: Yeshiva World: "It was also announced over the weekend that IDF soldiers in Gaza recovered the body of Ofir Tzarfati, H’yd, whose family was informed on Thursday that he was murdered by Hamas terrorists in the Gaza Strip." The photos I see of Tzarfati bear a decent resemblance to the man in the photo. I had guessed that he died from reportedly severe injuries sustained during his abduction, but it seems he actually was "murdered in captivity," in revenge for his 2 dead children. This term is almost always attached to a killed hostage, but usually it's just a political figure of speech that sounds better than "killed by the IDF, again." But for once it seems to be true.

Anyway, it would be just after this long-sought proof that Hamas also kills the hostages that the supposed intelligence was received allowing the recovery, 5 days later, of those 6 bodies found, and then starting with Metzger, found to have bullets in at least some of them. That seems interesting to me.

Above I noted how Yoram Metzger was the first to have a bullet, and a fatal one, mentioned. Did his wounds look more fatal than the others? Or is this distinction related to his being the only one reported to be a personal friend of Prime Minister Netanyahu?  According to "a leading source in the Qassam [brigade]" and reported on the brigade's official website months back, Metzger, was "a close friend of Netanyahu "according to his confessions" while in detention." https://alqassam.ps/arabic/news/details/19843 As I noted in an earlier post, it was about a day after Hamas confirmed Metzger's death that Netanyahu started querying just how many of the hostages were still alive. Minus his friend and whoever else, was a deal even worth it? He apparently decided it was not, and started insisting on specific and impossible numbers of hostages to be released as a precondition for anything. 

Perhaps an order was sent down that Hamas bullets have to be what killed Netanyahu's personal friend, in particular. No suffocation from an IDF attack can have done it. Lacking such an order for the other 5, perhaps, the doctors initially just called it like they saw it - apparent suffocation, down there in that buried tunnel prison. Only then was a new note of "bullets" attached to whole batch.