Imagine you have a business contract with someone who is supposed to provide a service of some sort to you. They do the work, and you pay them. The contract has conditions for when they do the work and how much you pay them, depending upon what they do and how they do it. There is also a clause that says they will pay you if they fail to fulfill their end of the contract. If for some reason they fail to fulfil or break the agreement, they pay you an agreed upon sum.

Before the contract begins, they notify you that they are no longer willing to perform the work and will be breaking the agreement. You try to get an explanation, but the only thing they say is that they are sending you a check for the stipulated amount in the liquidating damages clause of the contract. Quickly you learn that no other vendor performing the service will take your business. You then learn that some shadowy group is threatening anyone who would do business with you.

Naturally, you will think this must be against the law. This shadowy group is deliberately trying to harm you by threating people with whom you conduct business. That has to be illegal, at least it should be illegal. Even if it is not illegal, it has to be something you can bring to court and ask for damages. After all, this shadowy group is deliberately trying to damage you and your business. That is the only logical reason for their action. Now that they have done quantifiable harm, you should have a case.

Putting aside the corrupt state of American courts, your expectation for compensation and maybe even relief is reasonable. There are exceptions. For example, if the shadowy group in question is a criminal enterprise, like the Mafia, then the civil courts are not the right venue. The judge is probably going to be afraid to rule against them and if you get a jury trial then getting a fair jury will be difficult. The threat of death will overcome their zeal for justice.

You also have the issue of foreign governments who operate in the United States and outside American law. The Israeli group Black Cube, for example, does work for people like Harvey Weinstein, who regularly intimidated his victims. Suing such a company in civil court would be pointless. There is also the strong possibility that they would get the government to intervene on their behalf. Serving them and getting them to appear in an American court would be extremely difficult.

This is the background for what could be a very big story. The last few days Elon Musk has been making noises about suing the ADL. He is claiming that the ADL has been threatening advertisers as a way to control social media platforms. Further, he says that the ADL is intimidating his potential advertisers with the claim that Musk is an anti-Semite, and his platform supports antisemitism. As a result, he may take them to court for defamation and dump their private communications.

Assuming Musk is confining himself to American courts, he is most likely wasting his time with the defamation claims. American courts have decided that connected people like the ADL can say anything they like about people who are currently out of favor with the beautiful people. The New York Times just about admitted they lied about Sarah Palin and did so on purpose with malice of forethought. The judge told the jury to rule in favor of the Time because Palin has cooties.

Musk would get the same treatment, but he has another angle. He could argue that the point of the ADL’s campaign against him and his company is to harm his business by interfering in the contracts he has with advertisers and partners. If he can show that their claims of antisemitism are a threat against anyone who would do business with him, which is probably not a hard thing to do, given the behavior of the ADL, then he may have a case against the ADL.

Further, Musk is an extraordinarily rich man with lots of rich friends. There is no question that some of them have had run-ins with the ADL. He could put out the call for others to join the case if they have similar claims. Imagine if his buddy Mark Zuckerberg was willing to support Musk in confirming that the ADL uses gangster tactics to threaten social media platforms. It is unlikely for obvious reasons, but there are millions of potential victims of the ADL’s gangsterism.

This brings us back to those exceptions. Putting aside the grotesque corruption in the American legal system, there is the Mafia and foreign player issue. The ADL operates like other organized crime groups. They use intimidation of government officials as a way to avoid the law. They have their tentacles wrapped around state and federal government agencies. Getting lawyers to take the case, much less getting a judge to hear it is an enormous hurdle for Musk.

Then you have the outlaw nature of the ADL. In a Twitter space on the subject, someone pretending to be a Canadian named Vivian Bercovici was exposed by Keith Woods as an agent of Black Cube. She tried to deny it, but when that was impossible, she dropped off the call and then deleted her Twitter profile. Elon Musk and everyone around him can be sure that these people will unleash all of their intelligence assets against any effort against the ADL.

In the end, the best Musk can hope for is a successful public relations campaign against the ADL and their tactics. For generations, the ADL had exploited the sense of fair play that is a central part of the American character. Their central message is they just want for Jews what everyone else gets, a fair shake. If Musk can expose that as a fraud and expose their gangster tactics, then they lose their moral standing, which is the only reason their tactics are effective.

There is more to it, of course. As we saw with Jeffrey Epstein and Robert Maxwell, these people play the hardest of hardball. Maybe things have reached the point where the ADL decides to send a message to the rest of the oligarchs by making an example of the world’s richest man. Maybe this is all theater by Musk and the ADL to shift focus away from more pressing matters. If one is looking for a little hope, this Musk versus the ADL is a nice bit of sunshine to brighten the mood.

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