How the Israeli press beat the censor to bring "Prisoner X" to their public

Gagging orders, media censorship and the public interest.

It seems worthy of a John le Carré novel: a prisoner whose name was unknown even to his guards was found hanging in a maximum security cell-within-a-cell originally built for the assassin of a former prime minister, his identity and death then vanished by the security services. Israeli media had tried to report the detainment of this "prisoner X" back in 2010, and his death a few months later, only for the reports to be immediately removed by Israel’s military censor. To the Israeli public, the case was dead.

What happened next was to reignite overdue debate around press censorship in Israel as much as apparent misconduct by the secret, prison and legal services.

This week the Israeli government was caught off guard when Australian network ABC News released findings of their months long investigation, revealing Prisoner X had been a Jewish Australian national named Ben Zygier who had migrated to Israel in his early twenties, ten years prior to his death, opting for army service, marrying an Israeli, starting a family here, and becoming a Mossad agent who later breached the law of his former homeland by using his Australian passport to fake several aliases.

Despite the ABC News report being very much out of the bag for the whole world on Tuesday, within Israel itself the next 48 hours saw an absurdly ill-timed circus of gag-within-gag (i.e. super-injunction) court orders ceremoniously reigned down upon newsrooms from "above", more disappearing articles, and frustrated Israeli journalists chafing at the bit, outraged at how their government’s attempts to shut up a horse long bolted from the stable was making Israel look simply ridiculous in face its own citizens let alone the world.

Jerusalem Post journalist David Brinn later reported the moment he tried highlighting the obvious to a military censor officer calling through: “You realise that the story is on the ABC News website and everyone is able to read about it?” At least one Israel-based foreign press reporter informed – via Twitter – that the military censor was also calling them. Reuters had effortlessly bypassed the censor, reporting ABC’s investigation with a London (as opposed to, say, a Jerusalem) dateline. While details of Zygier’s identity, including photos, were being disseminated on Twitter and Facebook by journalists inside and outside Israel faster than any censor could hit "delete".

It was when Haaretz newspaper cunningly side-stepped the gag order without breaching it - by reporting simply an "editors committee" meeting had been summoned at the Prime Minister’s office where media chiefs had been asked to “withhold publication of information pertaining to an incident that is very embarrassing to a certain government agency” - that the rest of the media got hooked. An Israeli editor later told ABC News reporter Trevor Bormann that several of them had "turned" on Mossad chief Tamir Pardo apparently also present at this meeting, complaining gag orders have too long disrupted the health of the press and democracy and that reform is needed to take the digital age into account, while another editor accused Pardo of “treating the Israeli public like fools”.

By Tuesday evening three Israeli politicians had seized the opportunity to use their parliamentary immunity to question the justice minister about "Prisoner X" at a Knesset assembly, finally throwing Israeli media the bone they needed to report on the case from within Israel.

By Wednesday morning the government had little choice but to partially lift the gag order. But while the Israeli press could now report on the ABC News investigation, they were still banned from any original reporting of their own. The cockeyed nature of the censor policy was particularly highlighted when Haaretz had to publish it’s morning paper with a limited report on Prisoner X while the International Herald Tribune, a partner supplement sold together with the paper in Israel, contained a full report. A frustrated Haaretz Editor, Aluf Benn, who had refused to attend the editors committee meeting, then let rip in his op-ed, arguing Israel’s government censorship in modern times has become a “pathetic attempt to turn back the clock" to a time before WikiLeaks, social media and bloggers.

As Israeli journalists continued to rapidly affirm the case through foreign and social media, by the evening the state buckled, releasing an official statement acknowledging an Australian national had been secretly detained under a false identity by court order, citing security reasons (with no mention of the Mossad), and that the prisoner had full access to legal aid but had subsequently committed suicide.

Journalistic investigation has since snowballed, with recent reports suggesting Zygier might have turned into a double agent on the verge of moving back to Australia and about to blow the whistle on Israel’s misuse of foreign passports, the 2010 Mossad-led assassination of a Hamas arms dealer in Dubai being a known case in point. Another crucial development is Israeli lawyer Avigdor Feldman saying he met Zygier the day before he died to discuss a possible plea-bargain deal, but that Zygier had “wanted to clear his name” by going to trial instead, and that he had seemed “very rational and focused. He did not seem suicidal.”

Whatever the story evolves as, suspected negligence around the fact that an Israeli citizen who was seeking fair trial died unnamed while in the custody of the democratic state he served, is undeniably for the Israeli press - not "foreign sources" - to initiate investigation of and for the Israeli public to judge. Concerning state security, how far the Israeli press should continue down the rabbit hole is again also rightfully up for their public to debate. The most severe scenario, if Zygier was a Mossad agent, is that the mere revelation of his identity has already risked the lives of other agents – Israeli and perhaps even those working for other governments. Though probably - picking up on the use of the word "embarrassing", as opposed to say "threatening" or "deadly", by the PM’s office in their meeting to the media chiefs - the Israeli government feared immediate straining of relations between Israel and its close ally Australia, which will likely heal.

Either way, the Israeli press will do good to raise serious questions over not only Israel’s justice system but also the conduct of the security services towards patriotic Diaspora-born Jews they recruit. The fact that Zygier was Australian is Australia’s business, with ABC News doing their job right. But the fact that he was also Israeli - a Jew who first loved, moved to and served Israel before something went seriously wrong – makes his case very much of Israeli public interest, within a nation greatly and proudly made up of immigrants from all over.

Australian newspapers lead their front pages in Australia with the story of Ben Zygier. Photograph: Getty Images

Camilla Schick is a  journalist based between London and Tel Aviv, writing on culture, religion and international politics.

Photo: Getty
Show Hide image

Sean Spicer's Emmys love-in shows how little those with power fear Donald Trump

There's tolerance for Trump and his minions from those who have little to lose from his presidency.

He actually did it. Sean Spicer managed to fritter away any residual fondness anyone had for him (see here, as predicted), by not having the dignity to slip away quietly from public life and instead trying to write off his tenure under Trump as some big joke.

At yesterday’s Emmys, as a chaser to host Stephen Colbert’s jokes about Donald Trump, Sean Spicer rolled onto the stage on his SNL parody podium and declared, “This will be the largest audience to witness an Emmys, period.” Get it? Because the former communications director lied about the Trump inauguration crowd being the largest in history? Hilarious! What is he like? You can’t take him anywhere without him dropping a lie about a grave political matter and insulting the gravity of the moment and the intelligence of the American people and the world. 

Celebs gasped when they saw him come out. The audience rolled in the aisles. I bet the organisers were thrilled. We got a real live enabler, folks!

It is a soul-crushing sign of the times that obvious things need to be constantly re-stated, but re-state them we must, as every day we wake up and another little bit of horror has been prettified with some TV make-up, or flattering glossy magazine profile lighting.

Spicer upheld Trump's lies and dissimulations for months. He repeatedly bullied journalists and promoted White House values of misogyny, racism, and unabashed dishonesty. The fact that he was clearly bad at his job and not slick enough to execute it with polished mendacity doesn't mean he didn't have a choice. Just because he was a joke doesn't mean he's funny.

And yet here we are. The pictures of Spicer's grotesque glee at the Emmy after-party suggested a person who actually can't quite believe it. His face has written upon it the relief and ecstasy of someone who has just realised that not only has he got away with it, he seems to have been rewarded for it.

And it doesn't stop there. The rehabilitation of Sean Spicer doesn't only get to be some high class clown, popping out of the wedding cake on a motorised podium delivering one liners. He also gets invited to Harvard to be a fellow. He gets intellectual gravitas and a social profile.

This isn’t just a moment we roll our eyes at and dismiss as Hollywood japes. Spicer’s celebration gives us a glimpse into post-Trump life. Prepare for not only utter impunity, but a fete.

We don’t even need to look as far as Spicer, Steve Bannon’s normalisation didn’t even wait until he left the White House. We were subjected to so many profiles and breathless fascinations with the dark lord that by the time he left, he was almost banal. Just your run of the mill bar room bore white supremacist who is on talk show Charlie Rose and already hitting the lucrative speaker’s circuit.

You can almost understand and resign yourself to Harvard’s courting of Spicer; it is after all, the seat of the establishment, where this year’s freshman intake is one third legacy, and where Jared Kushner literally paid to play, but Hollywood? The liberal progressive Hollywood that took against Trump from the start? There is something more sinister, more revealing going here. 

The truth is, despite the pearl clutching, there is a great deal of relative tolerance for Trump because power resides in the hands of those who have little to lose from a Trump presidency. There are not enough who are genuinely threatened by him – women, people of colour, immigrants, populating the halls of decision making, to bring the requisite and proportional sense of anger that would have been in the room when the suggestion to “hear me out, Sean Spicer, on SNL’s motorised podium” was made.

Stephen Colbert is woke enough to make a joke at Bill Maher’s use of the N-word, but not so much that he refused to share a stage with Spicer, who worked at the white supremacy head office.

This is the performative half-wokeness of the enablers who smugly have the optics of political correctness down, but never really internalised its values. The awkward knot at the heart of the Trump calamity is that of casual liberal complicity. The elephant in the room is the fact that the country is a most imperfect democracy, where people voted for Trump but the skew of power and capital in society, towards the male and the white and the immune, elevated him to the candidacy in the first place.

Yes he had the money, but throw in some star quality and a bit of novelty, and you’re all set. In a way what really is working against Hillary Clinton’s book tour, where some are constantly asking that she just go away, is that she’s old hat and kind of boring in a world where attention spans are the length of another ridiculous Trump tweet.

Preaching the merits of competence and centrism in a pantsuit? Yawn. You’re competing for attention with a White House that is a revolving door of volatile man-children. Trump just retweeted a video mock up where he knocks you over with a golf ball, Hillary. What have you got to say about that? Bet you haven’t got a nifty Vaclav Havel quote to cover this political badinage.

This is how Trump continues to hold the political culture of the country hostage, by being ultra-present and yet also totally irrelevant to the more prosaic business of nation building. It is a hack that goes to the heart of, as Hillary's new book puts it, What Happened.

The Trump phenomenon is hardwired into the American DNA. Once your name becomes recognisable you’re a Name. Once you’ve done a thing you are a Thing. It doesn’t matter what you’re known for or what you’ve done.

It is the utter complacency of the establishment and its pathetic default setting that is in thrall to any mediocre male who, down to a combination of privilege and happenstance, ended up with some media profile. That is the currency that got Trump into the White House, and it is the currency that will keep him there. As Spicer’s Emmy celebration proves, What Happened is still happening.