On One Foot: Joshua Hammerman's Blog
Author of "Embracing Auschwitz" and "Mensch•Marks: Life Lessons of a Human Rabbi - Wisdom for Untethered Times." Winner of the Rockower Award, the highest honor in Jewish journalism and 2019 Religion News Association Award for Excellence in Commentary. Musings of a rabbi, journalist, father, husband, poodle-owner, Red Sox fan and self-proclaimed mensch, taken from essays, columns, sermons and thin air. Writes regularly in the New York Jewish Week and Times of Israel.
Friday, October 16, 2026
Washington Post photojournalist Heidi Levine was hospitalized after settlers brutally beat and robbed her
Washington Post photojournalist Heidi Levine was hospitalized after settlers brutally beat and robbed her while she covered the West Bank olive harvest. The attack drew condemnation from the U.S. Embassy, press freedom groups and Israel's journalists' union. Levine described a growing climate of fear among Palestinian harvesters, while rights groups warned that repeated attacks on journalists continue amid a lack of accountability. | Liza Rozovsky, Matan Golan, and Etan Nechin Footage used courtesy of @infinite_jaz
— Haaretz.com (@haaretzcom) October 16, 2026
The execution will not be televised, but on the heels of Hegseth’s bloodlust and the botched execution of Christa Pike, maybe it’s time to reopen a conversation about capital punishment.
I was happy to see that the Trump administration has bowed to pressure and will not be going into the televised execution biz when Nidal Malik Hasan, who killed 13 in the Fort Hood shooting, faces a firing squad in two months. Perhaps it was because some mega donors objected, or maybe someone realized that the viral images of Hasan’s “martyrdom” could inspire generations of extremists. The fact that it is blatantly immoral and disgusting had little to do with the decision, I’m sure, but it may have helped that the US military’s archbishop declared that Catholic soldiers should refuse to participate in the proposed execution. Or maybe it helped when people reminded Hegseth and Trump that four-year-olds could stumble across it.
The execution is scheduled for December 3, the day before Hanukkah, where the TV programmers could have squeezed it in between The Grinch Who Stole Christmas and Charlie Brown. Better yet, Hegseth could have preempted It’s a Wonderful Life with An Even More Spectacular Death.
While I completely agree that televising executions would be a new low for an administration that keeps out-lowering itself, a small part of me wishes that this execution would be televised, ideally at halftime of the Super Bowl. Would that, at long last, bring the American people to the realization of just how evil Trump, Hegseth and their enablers are? Or would it only make us thirst for more?
No one wants to make capital punishment a campaign issue at this point, just days before the midterms. But this Hegseth proposal, along with Tennessee’s botched execution of Christa Pike, forces us to ask tough questions. It’s estimated that 3 percent of executions in the US have been botched. We also know that DNA evidence has exonerated some prisoners after years on death row, or after their executions. Are human beings simply incapable of playing God like this?
Capital punishment is still a contentious, culture war-adjacent issue. It never made sense to me that it was so championed by those who also advocated for a so-called “culture of life.”
At James Talarico’s town hall broadcast on CNN this week, a Christian purist tried to ambush James Talarico on the subject of abortion, challenging his claim that the Bible does not mention it. She asked, what about the commandment “Thou shalt not kill?” Had she gone to Hebrew School, she would have learned that the original does not say “kill,” it actually translates to “Thou shalt not murder,” and - for Jews at least, as well as well as for Talarico - “murder” does not include most abortions; but it might include the death penalty, especially when it is misapplied.1
It would be a good idea to revisit a national conversation on the death penalty at some point, and maybe even return it to the Supreme Court when the time is right. Hegseth’s T-toned bloodlust tells us why.
No matter what our testosterone level, we have all become numb to the incessant killing. Whether in video games or bullying or a society that has gone insanely gun-crazy, as we saw again so tragically yesterday in Bend, Oregon; or maybe we’ve just gotten numb to seeing wars and so much murder on our screens, or in drone warfare, where you can push a button in New Mexico and an unmanned aircraft creates “collateral damage” half a world away… where fantasy and reality blend to the point where they are unrecognizable one from the other, where one second an evil killer is massacring people on the streets of Gotham City on the screen and the next, a real life Joker is spraying a Colorado movie theater with automatic gunfire.
Oh sure, we all pretend to be shocked. But are we really? Or have we simply forgotten how precious life is. Have we become numb to all the killing? Pete Hegseth’s idea was outrageous, but his face is a reflection of all America, even if a grotesque funhouse-mirror version.
Pete ‘R Us.
If a state-sponsored revenge killing were carried out at the Super Bowl, then perhaps the rest of us would wake up to our own bloodlust. No one doubts the brutality of the Fort Hood killings and other murders, but we need to refocus our attention less on the crimes and more on human fallibility and all the social inequities in how we apply justice, along with our need to develop a culture that truly sanctifies human life2.
In 2026, 23 states plus Washington D.C., have banned the death penalty, leaving 27 states - along with the US Military - still with capital punishment. Maybe this Hasan case, along with the botched execution of Christa Pike in Tennessee, will help to tip the scales in some of these states. My own state of Connecticut barred it in 2021.
The Jewish view is complicated. Rabbinic sources are in favor of the death penalty in theory, but almost never in practice. Why in theory? Because if human beings are created in God’s image, the value of a life is infinite. So if we can’t assign a monetary value to a life, at least in theory, the only way to compensate for taking something of infinite value is to take another thing that has infinite value. But in practice, we’re talking about playing God - and killing someone created in God’s image.
The Torah mandates the death penalty for 36 offenses, ranging from murder to kidnapping, adultery to incest, certain forms of rape, idolatrous worship and public incitement to apostasy, from disrespecting parents to desecrating the Sabbath. But the rabbinic sages effectively abolished the death penalty centuries later. The Talmud (Mishna Sanhedrin 4:5) stresses the importance of presenting completely accurate testimony in capital cases, for any mistakes or falsehoods could result in the shedding of innocent blood. If any perjury were to cause an execution, “the blood of the accused and his unborn offspring stain the perjurer forever.”
The rabbis’ felt that if just one innocent person is mistakenly executed, it is one person too many.
In Talmudic times, capital cases required a 23-judge court, while only three judges sat for non-capital cases. Two or more eyewitnesses were required to testify to the defendant’s guilt, and their hands would, “be the first against him to put him to death” (Deuteronomy 17:6-7). In a capital case, a one-vote majority could acquit a defendant, but could not convict. Furthermore, if there was a mere one-vote majority or if any judge was undecided, additional judges were added in pairs until the majority ruled against conviction, or until one judge in favor of conviction was persuaded to err on the side of innocence (Mishnah Sanhedrin 5:5).
In practice, the death penalty became almost impossible to implement, though over the centuries there has been a diversity of opinion on the matter. Maimonides claims that murderers should not be executed if there was a question about how the trial was conducted. But if the trial was conducted properly there is no restriction even if it means that one thousand murderers are executed in a single day. In the 20th century, Rabbi Moshe Feinstein countered that the purpose of assigning the death penalty to so many crimes in the Torah is to educate people about the severity of the offenses, rather than to end the lives of the offenders. That practice has continued to this day in modern Israel, where not even terrorists with blood on their hands are executed. Only those convicted of crimes against humanity (i.e. Adolf Eichmann) have been executed.
Last March, the current far-right Israeli government passed legislation to introduce the death penalty for cases of terrorism, including perpetrators of the October 7 attacks, but in a manner that all but disregards terrorism perpetrated by Jews. Professor Yoram Rabin, a criminal law scholar, calls it “a moral stain,” and I hope that Oct. 27’s elections will bring a new government to power that will remove it from the books, or make it all but impossible to implement. It would be the proper Jewish thing to do.
In the U.S., the statistics are daunting:
Nationally, since 1975, when the Supreme Court reinstated the death penalty, 1,682 prisoners have died from capital punishment and at least 203 sentenced to death have been exonerated.
The average time spent on death row is 22-23 years. More than half of those exonerated have spent upward of 18 years on death row. DNA has played a role in exonerating a number of death row prisoners. But in many death penalty cases, DNA testing proves impossible because of a lack of testable evidence.
Scientific evidence strongly suggests that Texas executed an innocent man, Cameron Willingham, in 2004. Compelling evidence in other cases suggests more innocent people have been executed.
Causes of wrongful conviction include: eyewitness misidentification, police coercion, perjury, prosecutorial misconduct, and inadequate representation.
And then there are the social inequities. Nationally, 50% of murder victims are white. In cases resulting in an execution, however, the murder victim is white 76% of the time. Studies in Connecticut, North Carolina, Maryland, and California found that one’s odds of receiving the death penalty increase significantly when the victim is white.
Because of additional resources and preparation required in death penalty cases, a separate sentencing phase, post-conviction appeals, and the added costs of death row facilities, studies consistently find the death penalty to be more costly than life without parole.
It’s time to put an end to this murderous circus. Thank you, Pete Hegseth, for creating the circus that reminded us of that.
Talarico stated that were abortion considered murder, he would not be in favor of it. The better translation of the biblical Hebrew in the Ten Commandments is not “kill” but “murder,” and Jewish tradition says that neither the death penalty, when properly applied, nor abortion are “murder.”
And BTW, Talarico aced that town meeting on CNN, giving pitch-perfect replies to the toughest issues, ranging from trans-phobia to Israel /Jews to Christian supremacy to abortion. I can’t vote from him this time around, but I wish I could adopt him.
A reminder that in Jewish sources, a fetus is not considered a fully formed human life, which is why abortion is not considered murder. See below:
Here are some quick answers from the National Council of Jewish Women to frequently asked questions about abortion and Judaism:
Does Jewish law state that life begins at conception? No
Life does not begin at conception under Jewish law. Sources in the Talmud note that the fetus is “mere water” before 40 days of gestation. Following this period, the fetus is considered a physical part of the pregnant individual’s body, not yet having life of its own or independent rights. The fetus is not viewed as separate from the parent’s body until birth begins and the first breath of oxygen into the lungs allows the soul to enter the body
Does Jewish law assert that it is possible to murder a fetus? No
Jewish law does not consider a fetus to be alive. The Torah, Exodus 21:22-23, recounts a story of two men who are fighting and injure a pregnant woman, resulting in her subsequent miscarriage. The verse explains that if the only harm done is the miscarriage, then the perpetrator must pay a fine. However, if the pregnant person is gravely injured, the penalty shall be a life for a life as in other homicides. The common rabbinical interpretation of this verse is that the men did not commit murder and that the fetus is not a person. The primary concern is the well-being of the person who was injured.
According to Jewish law, is abortion health care? Yes
Jewish sources explicitly state that abortion is not only permitted but is required should the pregnancy endanger the life or health of the pregnant individual. Furthermore, “health” is commonly interpreted to encompass psychological health as well as physical health. NCJW advocates for abortion access as an essential component of comprehensive, affordable, confidential, and equitable family planning, reproductive, sexual health, and maternal health services.
What does Jewish law say about the rights of the person who is pregnant and the rights of the fetus?
Judaism values life and affirms that protecting existing life is paramount at all stages of pregnancy. A fetus is not considered a person under Jewish law and therefore does not have the same rights as one who is already alive. As such, the interests of the pregnant individual always come before that of the fetus.
Do abortion bans unduly favor one religious viewpoint over another? Yes
Different religions believe that human life begins at different stages of development. Science can explain developmental timelines, but philosophic and religious viewpoints largely determine what exactly defines “life” or “personhood” for each individual.
Jewish perspectives on abortion are nuanced and subject to constant discussion, as is the case with most of Jewish law. But those bullet points above generate broad consensus, which is why so many in Jewish community feel so disenfranchised and outraged today.
Tuesday, October 13, 2026
What are we to make of this “60 Minutes” story on Israeli settler violence that aired on Sunday?
What are we to make of this 60 Minutes story on Israeli settler violence that aired last Sunday, a report that was unabashedly critical of the settlers and all those who are unable or unwilling to rein them in? Is CBS News editor-in-chief Bari Weiss seeing the error of her ways? Are the Ellisons reading the polls that show a massive shift away from support of Israel among Americans of all political stripes?
Or has nothing really changed and, as reported by Status News and Variety, last weekend’s segment aired only after a knock-down-drag-out fight between 60 Minutes star journalist Leslie Stahl and Weiss, which led to Stahl’s flirtation with resignation?
Whatever happened behind the scenes, the segment did air, and no one can consider it supportive of the settlers. It shows how they use sheep to drive Palestinians off ancestral lands. So we can add cruelty to animals to arson, theft, destruction of trees, ethnic cleansing, and even murder. Their violent treatment of Palestinian farmers is an embarrassment to Israel1 and the Jewish people, and a betrayal of Torah. Even US Ambassador Mike Huckabee, long a proponent of settlement expansion, has been critical of the settlers recently. And incredibly, the prime settler spokesperson in the segment, Mordehai Minster, shows little concern for the deterioration of ties with America and the possible loss of defense funding, saying:
"I am bothered by the fact that America's turning on us, and we're turning on America. It's, like, I see it as losing a friendship. And I'm also concerned that, as a military ally, as a political ally, we may lose America as well. It looks like it's going in that direction. But Israel will find other allies."
Oh they will, will they? Do Israelis really believe this as they head to the polls? Are they really willing to write off American support so glibly? Is God that much in their corner? No God I believe in would support this.
This segment was not a good look for Israel, and it was only aired, as Oliver Darcy of Status reported, after frantic editing by Weiss that was “very hands-on.” One wonders why she didn’t cut it, and why she allowed it to be produced in the first place. Weiss, after all, aired a creampuff interview with Netanyahu for which she replaced Stahl with a creampuff non-60 Minutes interviewer last year - Netanyahu, who hasn’t submitted to an interview by a major independent network in Israel in many years, was given a gift then, but not this week.
Between Weiss airing this segment and Trump’s refusal to endorse or even see him, Bibi must be feeling unloved.
Until we hear about what specifically Weiss wanted to cut - and whether anything was cut - we can only speculate as to why this particular finished product aired and what it tells us about Weiss, CBS, CNN, Israel and perhaps most importantly. the near-term aims of the Ellison media empire.
Here are some of my own observations.
The Ellisons are the elephants in the room. At a time when the Skydance merger has just been finalized, when the Ellisons are going out of their way to project stability especially regarding CNN, the last thing they would need is another Bari Weiss-provoked 60 Minutes crisis at CBS. Stahl’s departure would be catastrophic for the program.
The report showed some journalistic balance. It presented the settlers’ side, which, granted, consisted primarily of “It’s ours. God gave it to us.” Surprisingly, the report didn’t dwell on terrorism directed toward Jews as much as I thought it would - not a hint of whataboutism - nor did it add the context of instability in the region following October 7. It was “one-sided” in that way, but sometimes accuracy demands that. The settlers’ motives are purely ideological and religious, not security oriented, and the takeover of Palestinian land had been on their agenda since long before October 7. Their attacks were unprovoked.
The folks at CBS News are hedging their bets prior to the Israeli elections in two weeks. If Netanyahu's right-wing government is evicted from power, as is quite possible, the opposition leaders have made it clear that they will crack down hard on the settlers2. Weiss is getting out ahead of that.
If that happens, a report like this will actually be a way of helping to justify Israel’s new policies. It will herald a new era of Israel-America relations, where being “pro-Israel” will not require people to leave their conscience at the door, thus helping Israel to begin to rehabilitate its tarnished image. I pray for that to happen. I can almost taste it!
Here’s a thought experiment: If you can only have one win by the opposition in the coming elections in Israel or America, which would you prefer? If you see this as an existential vote, as I do, it’s like the Trolly Problem. There’s no good choice. But if Trump is not checked, there will likely not be democracy here in 2028. And in that case, if Trump loses the House and Senate, it will serve as a check on both Trump and Israeli leaders, no matter who wins in Israel. Not great, but I had to pick one.
Even if Netanyahu somehow remains in the government, this cabinet will likely not be as far to the right, if current polling trends hold. And if he has any desire to maintain relations with America - including with Trump - he will need to show that he is dealing with the settlers more vigorously. But if he wins, it will be bad for the world, for Jews, non-Jews, Americans, Israelis, Palestinians. No sugarcoating it. Israel will see emigration as never before: Jewish and Arab.
Being critical of Israel is not only much more politically acceptable now than when Weiss took over CBS News…
…It’s more acceptable to Trump, who has been giving Netanyahu a very cold shoulder of late. And nothing that aired on CBS last Sunday night could be construed as an attack on Trump.
That’s a key fact for anyone who mistakenly considers the report an example of journalistic independence. “Independence” means being a check on the government in power - in your own country. In that context, this report could have bene much more critical. For a decade, Trump has been the settler movement’s enabler. His first ambassador, David Friedman, was a prime advocate for the settler movement. Maybe that’s the part Weiss cut, the line that criticized Trump and gave us some recent history. Trump got off easy in this segment. 60 Minutes remained loyal.
And that’s all Trump cares about: loyalty. Given a choice between Israel and Trump, and that choice is no longer simply hypothetical, we now know which way the Ellisons and Weiss will go. They know where their hallah is buttered. That is revealing and, frankly, not good for the First Amendment.
The settlers have also become a political liability for the AIPAC crowd. At this point, following the destruction of Gaza, the annexation of the West Bank would be a red line for all but the most extreme Jewish and Christian conservatives. Anyone who doesn’t see that is completely tone deaf.
And the ethnic cleansing of the West Bank includes Christian communities, which have also been attacked. Holy places - mosques and churches - have been desecrated.
No one is defending the settlers’ actions, and pointedly, the usual Jewish organizational suspects were not rolled out to condemn this highly provocative segment. Not a peep from the Jewish Federations, AJC and the ADL. It’s important to note that the settlers have been committing outrageously violent acts against their neighbors for years. But it’s different now. Everyone is recognizing that settler violence is no longer a nuisance. It has become a strategic threat.3 So this was an easy call for CBS. This was the time to pick on Israel, by picking on the settlers.
This was the perfect opportunity to stand up to Israel because they really were standing up to a government in absentia. Israel is between governments right now. Because of that, this is a report that will have a very short shelf life. However powerful its prevailing message, it will almost certainly be dated in two weeks.
But it could influence the elections’ outcome, if Israelis actually see it and get the message that they are about to lose their greatest ally. Did the Ellisons want that message to go out? Did Weiss? I don’t discount this. Stahl brings up the elections in her introduction.
Or, in the end, was it just about ratings? I must admit, I’ve stopped watching 60 Minutes, in principle. But as I was checking out football games, my clicker tick…tick…ticked onto the broadcast, and so I watched it. I wonder how many others did.
So we are left to ponder why they chose to air this devastating segment now, just two weeks before the Israeli elections and three weeks before the US midterms.
And why Bari Weiss went ballistic.
A third of Israelis describe Jewish rioters involved in recent violence in the West Bank village of Kusra as “Israeli terrorists,” according to a survey released by the Jewish People Policy Institute. Coupled with another 18% who called them “nationalist criminals,” the results demonstrate the degree to which the rioters, whose actions have roiled Israel’s relations with its allies, including the Trump administration, are outliers in Israel, JPPI President Yedidia Stern said.
“The survey shows that support among Israelis for the Jewish rioters in the West Bank is truly negligible, at just 5%,” Stern said in a release accompanying the poll. “More than half the public judges them very harshly, as terrorists or criminals, while others view them with varying degrees of severity. This represents an unusually broad consensus in Israel’s polarized society.”
US Ambassador Mike Huckabee condemned that episode at the time as a “horrific act of terror” meant to “intimidate and harass” families.
The survey was conducted September 1-3 among 663 Jewish respondents and 206 Arab respondents and weighted to represent Israel’s adult population. JPPI did not list a margin of error. (Jerusalem Post)
See Dahlia Scheindlin in the NYT on Gadi Eisenkot: “This month, in a wide-ranging conversation with The Times of Israel, one of a series of interviews he gave to Israeli media outlets, Mr. Eisenkot offered more specifics of his policy vision, including a crackdown on West Bank violence by Jewish Israelis against Palestinians and a robust return to the Trump peace plan for Gaza, assuming total Hamas disarmament. He said he opposed Israel’s extending “full sovereignty” over the occupied West Bank.“

