Giving Voice to the Voiceless

Kathryn Rubino sits down with Amos Guiora, law professor at the University of Utah's S.J. Quinney College of Law and director of the Bystander Initiative, to talk about his forthcoming book, Enablers: Normalizing the Unimaginable. The conversation traces his path from an IDF JAG Corps officer to a legal scholar building a case for criminalizing the people who knew about harm, had the power to stop it, and chose not to. KEY TAKEAWAYS An enabler is legally distinct from a perpetrator. Guiora defines the enabler as someone who knows of harm because of their position or authority, is able to prevent it, and instead protects the institution or the leader over the vulnerable person. Bystander law has a gap. Legal systems have criminalized the bystander who witnesses harm and does nothing, but not the enabler who actively protects the person or institution causing it. Guiora's work is aimed at closing that gap. Institutions rarely pay a real price. When a university settles for hundreds of millions of dollars, insurance covers it, not individuals. Guiora argues that until specific people face criminal accountability, mandatory-reporter training and bystander videos stay performative. The pattern repeats across very different settings. From Larry Nassar at Michigan State to the Catholic Church to Jeffrey Epstein's circle to Israel's handling of the October 7th hostages, Guiora sees the same structure: a perpetrator who could only act because an ecosystem of enablers let him. His new book names names. Drawing on off-the-record access to former senior Israeli officials, Guiora documents specific people in Netanyahu's inner circle and the political calculations behind their decisions not to push for a hostage deal. LINKS AND RESOURCES   Bystander Initiative - S.J. Quinney College of Law Enablers: Normalizing the Unimaginable (forthcoming) - Amos Guiora The Crime of Complicity: The Bystander and the Holocaust - Amos Guiora Armies of Enablers - Amos Guiora Above the Law tips line: [email protected], subject line "The Jabot" KEYWORDS Amos Guiora, Bystander Initiative, enablers, bystander law, campus sexual abuse, Larry Nassar, Catholic Church abuse, Jeffrey Epstein enablers, Epstein files, October 7th, Israeli hostages, Netanyahu, hostage endangerment law, mandatory reporter training, institutional accountability, Above the Law, The Jabot podcast, Kathryn Rubino, legal academia, IDF JAG Corps, Holocaust bystander EPISODE HIGHLIGHTS [00:00:37 - 00:01:59] Guiora on the blue pamphlet his mother brought home and the fate of his career being sealed at age 11 [00:04:00 - 00:04:59] The origin of the Bystander Initiative: a marathon-training question about the Holocaust [00:09:11 - 00:10:00] Guiora explains why the initiative targets criminalizing enablers, not just bystanders [00:13:05 - 00:14:00] Guiora's working definition of an enabler [00:15:00 - 00:16:00] Why bystander training videos are "check the box" and performative [00:20:52 - 00:21:30] Why Guiora decided to name enablers by name in the new book [00:23:56 - 00:24:40] The political calculation behind enablers protecting Netanyahu [00:29:00 - 00:29:40] The Holocaust survivor's letter: "You give voice to the voiceless"