Uncategorized
During WWII, a heroic Jewish lawyer warned against the dangers of a dual state — is it coming true in Trump’s America?
For five years after Adolf Hitler came to power, attorney Ernst Fraenkel did something almost unimaginable: He stood in German courtrooms defending anti-Nazi dissidents and trade unionists — and sometimes even won. Even more remarkable, Fraenkel was Jewish. The Nazis tolerated him only because he had served in the German army during World War I, a temporary shield he knew would not last. In 1938, after learning from a sympathetic official that he was on a Gestapo arrest list, he fled to the United States.
Three years later, Fraenkel published a book: The Dual State: A Contribution to the Theory of Dictatorship. Many assume that Nazi rule instantly swept aside all “normal” legal standards. Fraenkel showed otherwise. In the early years of the Third Reich, he wrote, Germany lived under two systems at once — a functioning legal order and a parallel, lawless realm of political power.
Lately, a number of legal scholars have been warning that the American legal system under Trump shows troubling similarities to the “dual state” Fraenkel described. They point to federal agents using lethal force against protesters, arrests and detentions of immigrants based on appearance or perceived foreignness, the exclusion of state and local law enforcement from federal investigations, and the use of the Justice Department to pursue Trump’s perceived enemies.
Trump’s massive air assault on Iran has brought more accusations that he has put himself above the law. Rep. Thomas Massie, a Kentucky Republican, called the strikes “acts of war unauthorized by Congress.”
America in 2026 is not Nazi Germany. But Fraenkel’s observations confront us with a question for our times: Can a democracy like ours drift toward a dual system of its own — one legal, one ruled by authoritarian prerogative — without fully realizing it?
A young German Jew, wounded in World War I, returns from fighting for the Kaiser, earns his law degree, becomes a rising figure in the anti-Nazi Social Democratic Party, defends trade unionists as counsel for a metalworkers union, continues representing dissidents after Hitler’s rise, and escapes with his life as the Nazis purge Jewish lawyers and Germany marches toward the Holocaust. It sounds like the outline of an epic film. But it was Ernst Fraenkel’s life.
It is striking that Fraenkel has not been recognized more widely for the hero he was. And it has taken his 1941 book on the legal structures of Nazi Germany — combined with Trump’s assaults on American democracy — for Fraenkel to receive the broader attention he deserves.
“When I first read about him, I thought it was astounding: Here was a Jewish Social Democratic lawyer representing political defendants effectively,” while at the same time anonymously writing anti-Hitler pamphlets, said Douglas G. Morris, a retired criminal defense lawyer for indigent clients and author of Legal Sabotage: Ernst Fraenkel in Hitler’s Germany.
After Hitler came to power, he quickly moved to purge the civil service of employees deemed disloyal or who were Jewish, including attorneys. But the Nazis granted exemptions for Jewish civil servants who had served in World War I — the Frontkämpferprivileg. Fraenkel hadn’t just served; he had been severely injured.
Even as the Nazis rounded up political opponents and sent them to early concentration camps like Dachau, pockets of resistance remained. As a Social Democrat and attorney, Fraenkel had contacts with dissidents and took many on as clients.
He understood something essential about the new regime: To protect his clients — and himself — he had to avoid provoking the Nazis or drawing the attention of the Gestapo. So he presented cases as if the normal legal system still existed — and in some ways it did. This required discipline, given his opposition to the regime. But the strategy worked. If he couldn’t win an acquittal, he could sometimes secure a light prison sentence.
At the same time, Fraenkel was secretly writing pamphlets for the anti-Nazi resistance. He wrote five in total, Morris told me in an interview, including “The Point of Illegal Work,” which argued that Germans should resist the regime through various means. He was also quietly drafting the manuscript that became The Dual State.
Fraenkel knew about the torture and punishments used in the camps. But as brutal as the Nazis were toward their enemies, the regime initially did not view attorneys — Jewish or otherwise — as a significant threat, according to Morris. That blind spot allowed Fraenkel not only to write anti-Nazi pamphlets but also to serve as a conduit for dissidents to exchange information.
From his courtroom experience, Fraenkel observed how the Nazis handled the pre-1933 legal system. They did not abolish it outright. Instead, they created a parallel system to dish out especially harsh punishments to those deemed in violation of the regime’s political edicts. Fraenkel called the pre-Nazi system the “normative state,” and the Nazi-controlled system the “prerogative state.” Thus, a dual state. The two systems were never equal, Morris notes: “The prerogative state — exercising its arbitrary power through intimidation and violence — always maintained control.”
On Sept. 20, 1938, Fraenkel received a warning that he was about to be arrested. He fled Germany, traveling to London, then New York, and finally Chicago. A French diplomat had smuggled his manuscript out of Germany. After arriving in the U.S., Fraenkel earned a law degree from the University of Chicago and published The Dual State. He returned to Germany in 1951, became a professor at the Freie Universität Berlin, and died in 1975.
A growing number of legal analysts argue that the United States is developing its own version of a dual state — one that persecutes, demonizes or sidelines those who oppose MAGA ideology or threaten the fantasies of white-superiority advocates.
On his first day in office, Trump issued a mass pardon to some 1,500 insurrectionists who had stormed the Capitol on Jan. 6, 2021 to try to keep Trump in power despite his election loss. During the following months Trump granted clemency to 100 more convicted criminals, who included prominent business figures, high-profile MAGA supporters, and allies connected to Trump’s political and fundraising networks.
Masked and dressed for combat, ICE and CBP now act like the muscle for a parallel legal state — imprisoning foreigners whose only offense is entering the country illegally, dragging people from their homes in front of their children, and assaulting citizens who try to shield immigrants from unjustified arrest, killing two so far. The administration’s arbitrary decree that immigration agents no longer need judge-signed warrants to force their way into homes is another expression of what Fraenkel called the prerogative state.
Trump’s perceived and real political foes are being swept into a legal system built for his benefit, targeted by a Justice Department that now functions as an instrument of presidential power. In Trump’s America, Democrats, non-MAGA members of the press, and anyone who disagrees with him are denounced as mortal threats to the nation. Administration officials deemed insufficiently loyal are purged from their jobs.
This parallel system is colliding with legal traditions dating to the country’s founding, and courts have so far slowed the slide into full autocracy with rulings blocking Trump’s most aggressive edicts. Trump responds by attacking the judges who rule against him.
The Supreme Court dealt a significant blow to Trump’s parallel legal system when it struck down his tariffs. But this is the same court that nearly two years ago granted presidents broad immunity from criminal prosecution for official acts.
Fraenkel showed how a democracy can lose its bearings long before it loses its laws. As the United States nears its 250th year, the question is no longer whether a dual state can take root here. It is whether we will recognize it in time.
The post During WWII, a heroic Jewish lawyer warned against the dangers of a dual state — is it coming true in Trump’s America? appeared first on The Forward.
Uncategorized
Iran Expected to Ramp Up Chemical, Biological Weapons Programs
Symbolic mock-ups of Iranian missiles are displayed on a street, amid the US-Israeli conflict with Iran, in Tehran, Iran, March 22, 2026. Photo: Majid Asgaripour/WANA (West Asia News Agency) via REUTERS
Amid sustained international scrutiny of Iran’s nuclear program, missile development, and regional proxy network, new assessments point to a quieter and more troubling front as allegations grow that Tehran may be expanding work related to chemical and biological weapons capabilities.
According to a new report from the Begin-Sadat Center for Strategic Studies at Bar-Ilan University in Israel, the Islamist regime in Iran may be advancing efforts to significantly develop its chemical and biological weapons programs — a move experts warn would pose serious risks not only to Israel but also to the wider region and the Iranian population itself.
Iran’s chemical and biological research programs allegedly focus on a range of toxic agents, including blister agents like mustard gas, nerve agents such as sarin and Novichok, and substances that attack the lungs or blood and can cause suffocation.
These reportedly also include biological threats such as anthrax, ricin, and botulinum toxins, as well as certain viruses, all of which can cause severe illness or death by disrupting the body’s nervous system, organs, or immune response.
Israeli officials have previously warned that the Iranian government has been developing dual-use chemicals, with both civilian and military applications, and may be channeling them to its regional proxy terrorist forces, raising fears they could be used to intensify proxy conflicts and destabilize the wider Middle East.
Tehran is also suspected of having used such agents to help suppress the nationwide anti-government protests earlier this year, which were violently crushed by security forces in a crackdown that left tens of thousands of demonstrators tortured, imprisoned, or killed.
Similar allegations have repeatedly emerged in the past, adding to a wider pattern of reported abuses against civilians and violations of human rights.
According to a report from Iran International, a medical staff member in Karaj said some detainees released during the January protests had reported body aches, lethargy, weakness, loss of appetite, nausea, and vomiting — all symptoms that may indicate possible drug-related poisoning.
Iran first began developing chemical weapons-related capabilities in the 1980s. In recent years, those efforts have reportedly evolved to include pharmaceutical-based agents and other compounds designed for incapacitation or riot control.
US government assessments have indicated for decades that Iran has been researching and developing chemical agents, including anesthetic compounds designed to incapacitate individuals by targeting the central nervous system.
These reports point to Iran’s academic sector playing a key role in this area, with Imam Hossein University and Malek Ashtar University of Technology — military-linked institutions associated with the Islamic Revolutionary Guard Corps and the Ministry of Defense — reportedly conducting research since at least 2005 into chemical agents designed for incapacitation.
Since the start of the war earlier this year, the Israeli Air Force has carried out sustained strikes targeting sites linked to chemical weapons research, development, and production, aiming to disrupt facilities embedded within Iran’s broader military-industrial infrastructure and associated pharmaceutical-based programs.
Even though Tehran has long denied pursuing chemical or biological weapons and remains a party to the Chemical Weapons Convention, Western governments continue to accuse the regime of violating international norms.
Uncategorized
Germany Reports ‘New Normal’ of Antisemitism as Islamist and Left-Wing Extremist Networks Fuel Rising Threats
Graffiti reading “Kill all Jews” was discovered on a residential building in Berlin-Pankow on April 26, 2026, part of a wave of antisemitic vandalism reported across the German capital over the past week, including swastikas and other hate-filled slogans scrawled on multiple sites. Photo: Screenshot
Germany is confronting what Jewish leaders describe as a “new normal” of antisemitism, with nearly half of Jewish communities across the country reporting incidents and officials warning that Islamist and left-wing extremist networks are driving a surge in hostility amid ongoing Middle East tensions.
According to a new survey released on Friday by the Central Council of Jews in Germany, 46 of more than 100 Jewish communities nationwide have been targeted in antisemitic incidents, underscoring the growing scale and urgency of the crisis.
Among the most commonly reported incidents were verbal abuse, threatening phone calls, hate speech, property damage, and antisemitic graffiti, with 68 percent of respondents saying they feel “very unsafe.”
“Following the explosive rise in antisemitism after Oct. 7, a ‘new normal’ has emerged,” Central Council President Josef Schuster said in a statement, referring to the Hamas-led invasion of and massacre across southern Israel over two years ago.
“A situation in which Jewish communities require constant protection and antisemitism has become normalized as part of the public sphere,” he continued.
In the wake of the recent war with Iran, 62 percent of respondents said their sense of insecurity has further intensified.
“This finding clearly shows that the war in the Middle East was always just a pretext, never a reason for antisemitic attacks and hate speech in Germany,” Schuster said.
Only 35 percent of respondents reported feeling a sense of solidarity and support from broader society, underscoring a widespread perception of isolation.
Even though religious and communal life continues largely with only minor restrictions in most communities, many Jews increasingly avoid displaying visible signs of their identity in public.
“Things that used to be taken for granted — openly wearing religious symbols, walking carefree to the synagogue — are now often accompanied by caution and more conscious consideration. At the same time, the emotional strain has increased significantly,” said one unnamed survey participant, according to the Central Council.
Amid a sharply deteriorating security climate in Germany, officials warn that surging antisemitism and hostility toward Israel are increasingly being driven by Islamist networks and left-wing extremist groups, with threats against Jewish and Israeli communities intensifying nationwide.
According to a study by the Hessian State Office for the Protection of the Constitution, Islamist and left-wing extremist actors are exploiting the Middle East conflict and rising regional tensions to spread antisemitic rhetoric, contributing to an increase in violence and harassment against Jews and Israelis.
The newly released report warns that such antisemitic narratives have become a central mobilizing force since the Oct. 7 atrocities, shaping public discourse and being used to justify acts of violence and intimidation.
“Antisemitism is no longer an isolated phenomenon, but a cross-cutting issue that connects various extremist groups,” the study notes.
After more than two years of escalation, German officials warn that the threat to Jewish life has risen dramatically, with antisemitic hate speech surging as extremist actors deliberately exploit the war in Gaza for propaganda.
The report points to extremist groups merging anti-imperialist ideology with entrenched antisemitic narratives in their propaganda around the Israel–Hamas war, including claims of a “genocide in Gaza,” depictions of the Jewish state as a “colonial power,” and labels such as “child murderer.”
These narratives are being used to justify violence against Israel and to exploit the humanitarian crisis to increase hostility and advance their agenda.
German Interior Minister Roman Poseck, who commissioned the report, warned of a deteriorating social climate, saying that “antisemitic sentiments are becoming increasingly intolerable, even in public spaces.”
“Antisemitism is one of the greatest threats to our social cohesion – especially from Islamism and the left-wing extremist spectrum,” the German official said in a statement.
“I am deeply ashamed of what Jews in Germany have to endure 80 years after the end of the Second World War,” he continued. “We Germans, in particular, bear a lasting responsibility never to forget what happened.”
According to Germany’s Radicalization Monitoring System and Transfer Platform, 45 percent of Muslims under the age of 40 in the country show an inclination toward Islamism — defined as support for Islamist ideas, preference for Sharia-based principles over the constitutional order, and the presence of antisemitic prejudices.
Among those surveyed, 23.8 percent view an Islamic theocracy as the most desirable form of government.
Even though right-wing extremism may be less normalized in mainstream discourse, the study warns it “remains a danger, as antisemitic prejudices and conspiracy myths continue to be deliberately spread there as well.”
The western German state of Hesse has seen a particularly visible surge in antisemitic expression, with chants such as “Child-murderer Israel,” “From the river to the sea,” and “Resistance is international law” heard at pro-Palestinian demonstrations, across social media, and on university campuses.
The study notes that these narratives act as a unifying thread, bringing together Islamist, left-wing, and right-wing extremists who adopt similar rhetoric to reinforce shared enemies and legitimize violence.
Notably, the German Left Party has repeatedly been at the center of controversy and public outrage over its continued use and promotion of anti-Israel rhetoric, reinforcing a recurring pattern of incidents within its ranks that have sparked allegations of antisemitism.
Last year, the party’s youth wing passed an anti-Israel resolution labeling the world’s lone Jewish state a “colonial and racist state project.”
More recently, Andreas Büttner, the commissioner for antisemitism in the state of Brandenburg in northeastern Germany, resigned from the Left Party, citing a rise in antisemitism within the ranks, relentless personal attacks, and a party climate that has become intolerable.
Beyond extremist circles, the report also points to antisemitism extending across segments of society, finding resonance in mainstream discourse where it is often disguised as legitimate criticism of Israel.
“This is shifting the boundaries of what society considers acceptable, normalizing antisemitic thinking while trivializing, legitimizing, and in some cases even glorifying violence against Jews,” the study says.
Earlier this month, the Hesse government introduced new legislation that would criminalize denying Israel’s right to exist, as authorities move to confront a surge in anti-Israel demonstrations and a growing tide of antisemitic rhetoric and attacks that have intensified pressure on Jewish communities across the country.
The proposed legislation would close what officials describe as a legal loophole by explicitly criminalizing the denial of Israel’s right to exist, with penalties of up to five years in prison or a fine, aligning it with existing provisions that punish Holocaust denial.
Uncategorized
Hasan Piker Campaigns With Pennsylvania Democrat as Star Rises Despite Antisemitism Controversies
Hasan Piker. Photo: Wikimedia Commons
Tensions in Philadelphia intensified this week after Pennsylvania state Rep. Chris Rabb, a Democrat running for US Congress, appeared on a livestream hosted by far-left commentator Hasan Piker, drawing criticism from political opponents and some Jewish community leaders over Piker’s expressed hostility toward Israel and support for foreign terrorist groups such as Hamas and Hezbollah.
Rabb, who is seeking the Democratic nomination in Pennsylvania’s 3rd Congressional District, joined Piker’s widely watched online broadcast as part of an effort to reach younger, digitally engaged voters. The district, a safely Democratic seat centered in Philadelphia, is expected to be decided in the primary, where Rabb faces a competitive field that includes state Sen. Sharif Street and physician Ala Stanford.
Piker arrived in Philadelphia from Los Angeles to help Rabb fundraise for the campaign and joined him for a rally. While talking with Piker on the livestream, Rabb addressed backlash over his decision to meet with the streamer, dismissing his critics as being motivated by racial animus.
“I’m going to be slammed for even talking to you,” Rabb told Piker. “But there’s a double standard, because as a Black progressive, I can’t do this. I’m part of the problem or whatever.”
During the livestream, Rabb discussed progressive policy priorities and his campaign message. But the appearance quickly became a flashpoint in the race, as critics pointed to Piker’s history of inflammatory comments.
“Hasan Piker has a documented record of statements that we find deeply troubling,” said Jason Holtzman, chief of the Jewish Community Relations Council at the Jewish Federation of Greater Philadelphia. “He dismissed the sexual violence of [Hamas’s attacks on Israel on Oct. 7, 2023]. He called Orthodox Jews ‘inbred.’ He compared Zionists to Nazis. He characterized Hamas as preferable to the state of Israel.”
Holtzman added, “These are not edgy opinions. They are statements that minimize Jewish suffering, dehumanize Jewish people, and normalize violence against Jews and the Jewish state.”
Since entering the race, Rabb has attempted to establish the Israel-Hamas conflict as a central feature of the competition. He has lambasted his opponents for stopping short of accusing Israel of committing “genocide” in Gaza and has repeatedly pressed other Democrats on where they stand on the conflict.
Ala Stanford, an establishment Democrat who is widely considered the favorite in the race, has refused to accuse Israel of “genocide” and has stated that such accusations are harmful to the local Jewish community.
Piker, a prominent left-wing streamer with a large following on platforms like Twitch, has previously drawn backlash for rhetoric which critics say crosses into antisemitism. In addition to repeatedly praising Hamas, he has even said “it doesn’t matter” if sexual assault took place during the terrorist group’s Oct. 7, 2023, invasion of and massacre across southern Israel.
This week, US Reps. Josh Gottheimer (D-NJ) and Mike Lawler (R-NY) introduced a bipartisan resolution that condemns “antisemitic, hate-filled rhetoric and content” promoted by Piker and podcaster Candace Owens.
Piker has denied accusations of antisemitism.
“They are once again conflating legitimate critics of Israel with actual antisemites,” he told the Jewish Telegraphic Agency (JTA) in response to this week’s resolution in Congress. “They would rather complain about fake antisemitism in defense of Israel than call out the real sources of Jew hatred with a full chest. I have spent my entire career combating all forms of bigotry including antisemitism and will continue to do so in spite [of] this cynical ploy to satisfy donors.”
Most recently, Piker has come under fire for praising Graham Platner, the presumptive Democratic nominee for US Senate in Maine, for previous Reddit comments in which he complimented Hamas.
During Thursday’s rally in Philadelphia, Piker urged the crowd to help Rabb secure the congressional seat instead of a “do nothing Democrat” who would not accuse Israel of committing “genocide” in Gaza.
The controversy underscores how the Israel-Hamas conflict has become a defining issue in Democratic primaries across the country, exposing deep divisions within the party. In Philadelphia, where there is a significant Jewish population, candidates have faced increasing scrutiny over their positions and associations. However, the district, which is disproportionately Black and lower income, is unlikely to be heavily swayed by the conflict in Gaza when considering their vote.
Rabb’s campaign defended Piker’s appearance, framing it as an effort to broaden political participation and engage younger voters who consume news and commentary online rather than through traditional media outlets.
Further, the episode highlights a broader shift in campaign strategy, as candidates increasingly turn to digital influencers to expand their reach. But it also illustrates the risks of entering highly polarized online spaces, where associations can quickly become liabilities.
Over the past few weeks, Piker has traversed across the country, appearing alongside a litany of rising progressive stars during fundraisers and rallies. Recently, he appeared at the University of Michigan alongside the controversial Senate candidate Abdul El-Sayed. Similar to Rabb, El-Sayed has accused Israel of “genocide” in Gaza. The Senate candidate has also come under criticism for seemingly sympathizing with a Hezbollah-linked terrorist who attempted to attack a Michigan synagogue in March.