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An Israel analyst’s best- and worst-case scenarios for the new right-wing government
(JTA) — The recent Israeli elections, the fifth in less than four years, returned Benjamin Netanyahu to the driver’s seat for the third time.
The twice and future prime minister appears able to cobble together a coalition that has been called the most right-wing in Israeli history. It will include three far-right and two haredi Orthodox parties, and his partners include the far-right Religious Zionism party and its leader Bezalel Smotrich, who has sucessfully pushed for a heavier hand in controlling Israeli policies in the West Bank; Itamar Ben-Gvir, head of the extremist Otzma Yehudit party, who is due to head a new National Security Ministry that will be given authority over Border Police in the West Bank; and far-right Knesset member Avi Maoz, whose Noam party campaigned on a homophobic and anti-pluralistic platform.
These developments have cheered the American Jewish right, which has long called for Israel to consolidate its power in — if not outright annex — the disputed territories of the West Bank that are home to 480,000 Israeli settlers and 2.7 million Palestinians, of whom 220,000 live in East Jerusalem.
For Jews on the center and left, however, the results have prompted anxiety. If the two-state solution has long looked out of reach, many were at least hoping Israel would stay on a centrist path and maintain the status quo until Israelis and Palestinians seem ready for their long-delayed divorce. American Jewish leaders are worried — privately and in public — that Jewish support for Israel will erode further than it has if Jews become convinced Israel doesn’t share their democratic and pluralistic values.
I spoke this past week about these issues and more with Michael Koplow, the chief policy officer of the Israel Policy Forum and a senior research fellow of the Kogod Research Center at the Shalom Hartman Institute of North America. The IPF supports a viable two-state solution, and Koplow acknowledges that he agrees with “almost nothing that I’m going to see from this Israeli government.” But he remains one of the most articulate analysts I know of the high stakes on all sides.
Our conversation was presented as a Zoom event sponsored by Congregation Beth Sholom, my own synagogue in Teaneck, New Jersey. The transcript below has been edited for length and clarity
Jewish Telegraphic Agency: What are the far right’s big asks, and what might we expect to see going forward?
Michael Koplow: There are a few issues that are really coming to the fore. The first is judicial reform. There’s a longstanding complaint among the Israeli right that the Israeli Supreme Court is perceived to be left-leaning — the mirror image of what we have here in the United States. Secondly, the Supreme Court is perceived by many Israelis to be an undemocratic institution, because it is an appointed body. In Israel, you have a selection committee for the Supreme Court that is actually composed mostly of sitting Supreme Court justices and members of the Israeli Bar Association. A common complaint is that the Knesset is a democratic body selected by the people and it’s hampered by this undemocratic body that gets to dictate to the Knesset what is legal and what is not.
And so for a long time on the Israeli right there has been a call to have a bill passed that would allow the Knesset to override Supreme Court decisions. At the moment, there’s no recourse. The ultra-Orthodox parties in Israel have long sought exemptions for haredi Israelis to serve in the IDF and the Supreme Court has consistently ruled that ultra-Orthodox members of Israeli society can’t get a blanket exemption. A Supreme Court override bill would allow the Knesset to exempt the ultra-Orthodox from serving in the IDF. For the more right-wing nationalist parties, particularly Religious Zionism, the Israeli Supreme Court has ruled on multiple occasions that settlements cannot be established on private Palestinian land in the West Bank. Their main interest in a Supreme Court override is so that they can pass laws that will effectively allow settlements anywhere in [the West Bank’s Israeli-controlled] Area C, whether it’s state land or private Palestinian land.
Is Netanyahu interested for these same reasons?
Netanyahu is to a lesser extent interested in these things, but right now he’s on trial for three different counts, all for fraud and breach of trust, which is the crime that Israeli politicians get charged with in matters of corruption. He’s also in trouble for bribery. One of the things that he wants to do is to pass something called the “French law,” which would bar sitting Israeli prime ministers from being investigated and indicted. And in order to do that, he almost certainly will have to get around the Supreme Court.
The second thing that I think we can expect to see from this prospective coalition has to do with the West Bank. In late 2019 and early 2020, there was a lot of talk in the Israeli political sphere about either applying sovereignty to the West Bank or annexing the West Bank. This happened also in conjunction with the release of the Trump plan in January 2020, which envisioned upfront 30% of the West Bank being annexed to Israel.
This all got shelved in the summer of 2020, with the Abraham Accords, when the Emirati ambassador to the United States wrote an op-ed where he said to Israelis, “You can have normalization with the UAE or you can have annexation, but you can’t have both.” Israelis overwhelmingly wanted normalization versus West Bank annexation. Between 10% and 15% of Israeli Jews want annexation, so this annexation plan was dropped. In the new coalition, annexation is back, but it’s back in a different way. Bezalel Smotrich is a particularly smart and savvy politician, and understands that if you talk about annexation or application of sovereignty on day one, he’d likely run into some of the same problems — from the United States and potentially from other countries in the region. And so the way they’re going about it now is by instituting a piecemeal plan that will add up to what is effectively annexation.
How would that work?
For starters, there is a plan to legalize illegal Israeli settlements, and when I say illegal, I mean illegal under Israeli law. There are 127 settlements in the West Bank that are legal under Israeli law, because they had been built on what is called state land inside of the West Bank, and because they’ve gone through the planning and permitting process. In addition, there are about 205 illegal Israeli outposts and illegal Israeli farms, containing somewhere between 25,000 and 30,000 Israelis. And what makes them illegal under Israeli law is that they were all built without any type of Israeli government approval. In many of these cases, they’re also built on private Palestinian land.
The first part of this plan is to legalize retroactively these illegal outposts. The coalition agreement that has already been signed between Likud and Religious Zionism, Smotrich’s party, calls for, within 60 days of the formation of the government, the state paying for water and electricity to these illegal outposts. I should note there already is water and electricity to these illegal outposts, but it’s paid for by the regional settlement councils. This would have water and electricity paid for by the Israeli government, and then within a year to retroactively legalize all of them. That’s step number one.
Step number two has to do with the legal settlements inside the West Bank. There is a body called the Civil Administration, which is the body that is in charge of all construction for both Israelis and Palestinians in Area C, the 60% of the West Bank that is controlled entirely by Israel. As part of the agreement between Likud and Religious Zionism, Smotrich is going to be finance minister, but also appointed as a junior minister in the Defense Ministry, and he will control the Civil Administration and will be in charge of all settlement construction in the West Bank. He will also have the power to decide whether Palestinians can build in Area C and whether Palestinian structures in Area C that were built without a permit can be demolished. And so this will almost certainly be increasing at a very rapid rate. The Supreme Planning Committee that plans West Bank settlement construction normally would meet about four times a year, and under the [current] Bennett/Lapid government it only met twice, but Smotrich said in the past that he would like to convene it every single month. So the pace of settlement construction is almost certainly going to grow at a pretty rapid pace.
What will Itamar Ben-Gvir, an acolyte of Meir Kahane, the American rabbi barred from Israel’s parliament in the 1980s because of his racism, gain in the government?
Itamar Ben-Gvir is the head of Otzma Yehudit, the Jewish supremacist party that now has six seats in the Knesset. As part of his negotiations with Netanyahu, he is going to be appointed to a new position known as the “national security minister,” which is currently called the public security minister, but they’ve increased its powers and renamed it. They’ve also given this new ministry control over the West Bank border police, who operate in the West Bank. And they’re also giving this minister power over the police that normally belongs to the police commissioner. And so Ben-Gvir, who I should note has seven criminal convictions on his record, including one for support of a terrorist organization and incitement to racism, is going to be the minister who’s in charge of the police — not only inside of Israel, but he’ll be in charge of the police who operate in the West Bank and who operate on the Temple Mount.
Michael Koplow is the chief policy officer of the Israel Policy Forum and a senior research fellow of the Kogod Research Center at the Shalom Hartman Institute of North America. (Courtesy IPF)
And this is important because Ben-Gvir is one of the figures in Israel who has talked a lot about changing the status quo on the Temple Mount, probably the most sensitive spot in the entire world, and certainly the most sensitive spot anywhere between the Jordan River and the Mediterranean Sea. Which is why Israeli governments, including very right-wing governments, have not changed the status quo [allowing Jews to enter the Muslim-administered mount, but pray there], certainly not formally. He’s also talked about increasing his own visits to the Temple Mount.
And he’s also talked about changing the rules of engagement for Israeli police, whereby they would be allowed to shoot anybody on sight, for instance, who’s holding a stone or holding a Molotov cocktail. Right now the current rules of engagement are that people like that can only be shot if they present an imminent and serious threat to a soldier or police. Changing that is certainly going to have an effect on relations between Israelis and Palestinians and likely lead to the types of clashes we’ve seen in Jerusalem over the past few years.
This is all very good news for folks who want to solidify Israeli control in the West Bank. It’s not such good news for people who support more autonomy for the Palestinians and certainly support the two-state solution — and I think I can include the Israel Policy Forum in the latter camp. I want to hear your thoughts on what you’ve called the best-case scenarios and the worst-case scenarios, and on where Netanyahu fits in.
When I say best-case scenario, I mean in terms of preserving the status quo, because a best-case scenario where you’d actually have an agreement between Israelis and Palestinians is nowhere. It’s not in any conceivable future.
I think the best-case scenario would be that Netanyahu understands Israel’s place in the international system and he understands how issues inside the West Bank impact Israel’s foreign relations. This is somebody who has served as Israeli prime minister longer than anybody else. He was prime minister when the Abraham Accords came into being, and that accomplishment is rightfully his. Netanyahu understands these factors and has a long history of being very cautious as prime minister. He’s not a prime minister that uses force. He’s not a prime minister under whom Israel has undertaken any major military operations outside of Gaza. I think that it’s not unreasonable to think that his history of relative caution isn’t just going to go away. And that means doing things to make sure that the fundamental situation in the West Bank doesn’t get overturned.
Netanyahu is operating in a political context in which his voters and voters for the other parties in his coalition do expect some real radical changes. Interestingly, however, part of this agreement with Religious Zionism is that everything has to be approved by [Netanyahu], and so there will be a mechanism for Netanyahu to slow some things down. I think that there is a situation in which he lets things proceed at an increased pace, but doesn’t do anything to really fundamentally alter the status of the West Bank.
I also think that voters voted for Religious Zionism and Otzma Yehudit not because they’re looking for big, massive changes in the West Bank or an explosion in settlement construction, but because they were voting on law and order issues. Many Israelis are still very shell-shocked, literally and figuratively, by the events of May 2021, particularly the riots that broke out in mixed Israeli cities. And despite the fact that Itamar Ben-Gvir was blamed by the police commissioner at the time for instigating some of the violence in mixed cities, he ran a very effective campaign where he said, “Vote for me and effectively I will restore order.”
That leads to the reasonable best-case scenario of plenty of things happening that will cause friction with the United States and plenty of things that will cause friction with the Palestinians, but nothing that can necessarily be undone by a different government down the road.
And the worst-case scenario, from your perspective?
The worst-case scenario is all of these things that Smotrich, in particular, wants to carry out leads to the collapse of the Palestinian Authority. Based on my own experience in the West Bank in recent months, the Palestinian Authority has fundamentally lost control of much of the northern West Bank. In many places they have chosen not to engage in many ways. They effectively operate in and around Ramallah, and have a token presence in other spots, but don’t really have the power to enforce law and order. They’re under enormous political strain.
As a very quick refresher, the West Bank is divided into three areas, A, B and C. In theory, Area A is supposed to be entirely under the PA control and where you have between 1.3 and 1.5 million Palestinians. If the Palestinian Authority collapses, that means that Israel must go in and literally be the day to day governor and mayor of Area A and all its cities, providing services to 1.3 million Palestinians. It means acting as traffic cops, dealing with all sorts of housing and construction and literally everything that municipal governments do that Israel has not done in Area A in almost 30 years.
Does Israel even have that capability?
The standard is that 55% of all active-duty IDF soldiers are currently stationed in the West Bank. If the Palestinian Authority collapses it’s not hyperbole to say that every single active-duty IDF soldier will have to be stationed in the West Bank just to run things, just to maintain basic law and order. That means not having IDF soldiers on the border with Egypt, on the borders with Syria and Lebanon. It will effectively have turned into nothing but a full-time occupation force. And that’s Option A.
Option B is that Israel elects not to do that. And then Hamas or Islamic Jihad steps into the vacuum, and they become the new government in the West Bank. And at that point, everything that you have in Gaza, you have in the West Bank, except for the fact that the West Bank is a much larger territory. It cannot be sealed off completely. This is literally the nightmare scenario not only for Israeli security officials, but for Israeli civilians. And that’s even before we talk about the impact that will have on terrorism and violence inside of Israeli cities inside the green line, let alone what happens in the West Bank.
The United States and the European Union, and the U.N., presumably, won’t stand idly by through a lot of these changes. What leverage do they have and can they use to maintain the status quo?
The U.S. and E.U. are going to have some pretty clear, very well-defined red lines. I think it’s reasonable to expect that the Biden administration and many members of Congress will put the formal declaration of annexation as a red line. The same goes for European countries. But certainly the Biden administration doesn’t want to be in a position where they are getting into constant fights with the Israeli government. The administration rightly views Israel as an ally and an important partner and wants to maintain military and security and intelligence cooperation with Israel in the region. All those things benefit U.S. foreign policy. This is not an administration and certainly there isn’t support in Congress for things like conditioning security assistance to Israel or placing new usage restrictions on the type of weapons that we sell to Israel. And so there isn’t a huge amount of leverage in that department.
But I do think we’re going to see more diplomatic and political-type measures. People remember the controversy that ensued in December 2016 at the United Nations when the Obama administration abstained from a Security Council resolution on Israeli settlements. I think that if some of these measures go ahead, on the Israeli side, there’s a good chance that we will see the United States once again abstain from some measures in the Security Council. At the moment, the Israeli government has been working very hard to get the United States to help with [thwarting] investigations into Israeli activity in the West Bank in the International Criminal Court and the International Court of Justice. I think that those sorts of things become a lot harder if Israel has fundamentally changed the status of the situation in the West Bank.
There are probably all sorts of trade relationships with the European Union that may be at risk. One big factor here is the other states in the region, the Abraham Accords states. There’s reason to think that they may act as a check on the Israeli government, given the popularity of normalization among Israelis, and given the fact that the UAE was the party that really stepped in and prevented annexation from taking place in the summer of 2020. In a country like Saudi Arabia, where you have a population of between 25 and 30 million, or Iraq or Kuwait, [the far right’s agenda] makes normalizing relations with those countries very, very difficult, if not impossible, and it’s possible that Netanyahu will use that also as a way to try and appeal to some of his coalition partners.
Another outside partner is Diaspora Jewry. A vocal minority of American Jewry supports the right-wing government, but a majority would support a two-state solution. They connect to Israel with what they see as a shared sense of democracy and liberal values. Does Netanyahu and his coalition partners think at all about them and their concerns? Do those Diaspora Jews have any leverage at all in terms of moderating any of these trends?
The short answer is not really. The parties in a prospective coalition are not ones that historically have cared very much about the relationship with the Diaspora. Haredi parties are not concerned about the erosion of liberal values inside of Israel or the situation in the West Bank for the most part. And parties like Religious Zionism and Otzma Yehudit really don’t care what American Jewry thinks about much of anything. We’ve already seen demands in some of these coalition agreements to amend the Law of Return, where right now, anybody who has one Jewish grandparent is eligible to be an Israeli citizen. These parties have been requesting that it be amended so that you are only eligible if you are halachically Jewish, meaning you have a Jewish mother [or have converted formally].
North American Jewry is a real asset to the State of Israel given its role traditionally in supporting the state economically and politically. And yet over the past decade and a half there have been repeated comments [among Israeli politicians, including Netanyahu’s ambassador to the United States, Ron Dermer] that it’s more important to be making inroads with evangelical Christians than with North American Jews, given the politics of evangelical Christians and given their size.
Many American Jews, particularly from the Reform and Conservative denominations, have already been angry that Israel doesn’t fully recognize the authenticity of non-Orthodox Judaism, and that an agreement to create a permanent egalitarian prayer space at the Western Wall has been repeatedly shelved under pressure from Israel’s religious right.
We are in for a tough time in terms of Diaspora-Israel relations. You know, it’s not just about the issues that have been on the table over the past few years that have been disappointing to Diaspora Jewry, whether it be the Western Wall arrangement, whether it be recognition of Conservative and Reform Judaism inside of Israel, whether it be things like the Law of Return, which now seems to be under threat. In general, this question of values, which has been a big deal, is going to be even more front and center. Many American Jews have looked at Israel and thought of it as a place that shares liberal values with the United States. To some extent, that’s been historically accurate. But that picture, whether it’s accurate or not, is going to be under incredible strain.
What about within Israel? Are there any countervailing powers that might moderate the far right — professional military leadership, major business leaders, other opinion-makers outside the political process?
Thankfully, there is no history of IDF leadership interfering in the political decisions of elected civilian leaders in Israel. I hope that will continue. The way the security establishment has generally dealt with these sorts of things is by presenting a united front when they speak to the political leadership and give their opinions and advice and warnings about what might happen. They tend to be very savvy at leaking those opinions to the media. I’m certain that that sort of thing will continue. We already saw some discord over the past week between IDF leadership and some of the members of the prospective new coalition over disciplinary measures that were taken against soldiers who were serving in Hebron, one of whom punched a [Palestinian] protester, another who verbally assaulted a protester. And that can be a moderating influence, but I actually do not expect to see the military leadership stepping in any way in preventing something that the government may want to do.
The biggest check will be Israelis themselves. There was something else interesting that happened [last] week: Avi Maoz, who was the single member of Knesset from Noam, which is one of these three very, very radical right-wing parties, was appointed as a deputy minister in the prime minister’s office, and he was given control over effectively everything in education that is not part of the core curriculum and Israeli schools — like culture and Jewish identity issues. And that led to a revolt from Israeli mayors. You’ve had over 100 mayors of over 100 municipalities signing a letter saying that they are not going to be bound by Maoz’s dictates on curriculum. And this includes right-wing cities. I think that the most effective check is going to be government overreach, which leads to a backlash like this among Israeli citizens and among Israeli politicians who are not members of Knesset.
We’ve covered a lot of ground. Is there something we haven’t touched upon?
It’s really important that people don’t look at what’s taking place in Israel, throw up their hands and say, “You know, there’s nothing we can do to change this and Israelis are increasingly uninterested in what we think and so we’re going to disengage.” To my mind, the relationship that American Jews have to Israel is too important to just throw up our hands and say it doesn’t matter.
If we take American Jewish identity seriously, and we take the American Jewish project seriously, we have to think about two things. First, how we build an American Jewish identity that’s uniquely American. But second, how we preserve some sort of relationship with Israel, even when we see things coming from Israel that don’t speak to our Jewish values. We’re living in a time where we have an independent Jewish state with Jewish sovereignty in the Jewish homeland. This is a historical anomaly. If we turn our backs on that, despite all of the difficulties, it really would be a tragedy and catastrophic for American Jewish identity.
If you don’t like what you see going on in Israel, try to figure out what your relationship with Israel will look like and how to have a productive one. And that doesn’t have to mean supporting everything the Israeli government does. I consider myself you know, somebody who is a strong Zionist, strongly pro-Israel. It’s a place that I love. I agree with almost nothing that I’m going to see from this Israeli government. But I’m still able to have a strong, meaningful relationship with the State of Israel, and I hope that people are able to do the same, irrespective of the day-to-day of Israeli politics.
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Blinken, Pompeo: Strong U.S.-Israel ties, assistance to continue despite Trump call to end aid
(JTA) — Former secretaries of state Antony Blinken and Mike Pompeo both downplayed the potential end of American military aid to Israel on Sunday, insisting such a development would not harm U.S.-Israel ties during a joint appearance in Washington.
Speaking at the Jewish Federations of North America’s annual General Assembly, both men also defended Israel’s security and its need to defend itself in the wake of the Hamas attack on Oct. 7, 2023, condemning voices who try to equate Israel’s actions with those of Hamas and accuse it of committing genocide.
But Blinken, who was secretary of state in the Biden administration at the time, also didn’t spare Jerusalem from criticism over its conduct of the war.
Following Oct. 7, “the Israelis did, for the most part, the bare minimum of what they felt they needed to do for people who were stuck in the middle of this crossfire in Gaza,” he said. “There was a certain amount of disregard, a certain amount of disdain for the well-being of the Palestinian civilians.”
He added that “that is vastly different, vastly different from an intent to do them harm, from an intent to eliminate them. The target was Hamas, and horrifically, too many people were caught in the middle of that and suffered terribly as a consequence.”
Still, he said, it is important to “recognize that we’re at an inflection point” when it comes to American attitudes toward Israel. Blinken recalled discussions with Israeli Prime Minister Benjamin Netanyahu as the Gaza war was raging in which he warned that Israel was “not only losing the Democratic Party — and that may be fine from your perspective — you’re going to be losing young Republicans, young evangelicals.”
On Election Day last week, following campaigns in which many candidates called for reducing support for Israel, President Donald Trump declared that the money “gets cut off at the end of the year.”
Pompeo, who served as CIA director and secretary of state during the first Trump administration, said that while he did not “know exactly how this administration will follow through on that,” there had been conversations between Jerusalem and Washington “about what’s the appropriate level of assistance and what [is] the right model” for cooperation.
Calls to change the nature of U.S. military aid have become “bipartisan,” he noted.
Stating that he is “very optimistic,” the former Republican congressman asserted that “whether we provide the $4 billion a year — which … mostly goes to buy U.S. weapons systems from Lockheed and Raytheon and big defense contractors — is much less material than the nature of the relationship between the United States and Israel.”
“And so whether we provide that particular money, there will still be deep connectivity. There’ll still be lots of assistance, and there will be a partnership that is historically important, not just for Israel, but for the United States of America as well … we couldn’t do the intelligence work we need to do without them.”
“They save American lives all the time,” he continued. “I still have a death threat on me from the Iranians. The Israeli intelligence has been very helpful at making sure that I’m where I need to be and I’m not where I ought not be.”
Israel’s 10-year memorandum of understanding (MOU) with the United States, which currently pledges Israel $3.8 billion annually for the fiscal years 2019-2028 subject to congressional appropriations, has proven a political liability for Trump. Last week he questioned why his administration should have to deal with criticism from Democrats over the issue. Following the GOP’s loss in the midterms, Vice President JD Vance explicitly called to put America first and “change our relationship to Israel.”
Blinken responded similarly to his Republican counterpart on the question of U.S. aid to Israel.
“I think you’re seeing a recognition on the part of the Israeli government that this thing is not going to last forever, and an attempt to make it clear in the body politic in Israel that, no, we can pay for our own stuff. We don’t need the kind of assistance that we’re getting from the United States in terms of paying for what we’re acquiring,” Blinken stated, adding that “it doesn’t change anything … about the inherent value of the relationship and the partnership.”
But while Pompeo and Blinken appeared largely on the same page regarding military aid to Israel, the two differed significantly regarding the conflict with Iran and a future resolution to the long-running conflict with the Palestinians.
Asked how to negotiate a settlement with Iran, Pompeo replied that “I just I simply don’t think that it’s possible with the regime” even as he admitted the United States cannot currently curtail Iran’s ambitions through military means.
Pompeo called to “continue to apply pressure there” through the current economic blockade and by “going after further assets inside of Iran” because “they still have the capability to muck up the Gulf region and to threaten Israel [while] we have the capacity to, if not eliminate it, mitigate that materially.”
As for offering concessions to keep the Strait of Hormuz open and maintain the flow of oil, Pompeo insisted that “we should never give the Iranians a damn thing.”
Blinken, on the other hand, stated that Trump needs to acknowledge that the war against Tehran “might not be a loss” but it “wasn’t a real win.”
But while concessions, possibly including sanctions relief, may be needed to bring the Iranians back to the table, “I think what you have to do is exert sustained, systematic pressure on them economically … for purposes of getting to negotiate,” he added.
The lesson learned from the 2015 Iran deal, otherwise known as the Joint Comprehensive Plan of Action, Blinken said, is that it can take time to get Iran to the point where it is ready to negotiate.
Blinken added, “Same thing with the Iran-Iraq war. There wasn’t a capitulation. There was a negotiation. I think at this point that’s in our interest.”
Turning to the Palestinian issue, Blinken argued that part of why Hamas attacked on Oct. 7 was to preempt the further expansion of the Abraham Accords and that “for that vision to be fully realized, it requires a resolution of the Palestinian question.”
“I believe to the bottom of my heart, as I have throughout, that the only way forward, and again, this is very unpopular these days, is through a secure Israel and a sovereign Palestine,” Blinken said.
He drew pushback from Pompeo, who argued that “one of the keys to success of the Abraham Accords was not letting the conflict between the Palestinians and the Israelis get in the way of what the Gulf Arab states actually know needs to happen.”
This article originally appeared on JTA.org.
The post Blinken, Pompeo: Strong U.S.-Israel ties, assistance to continue despite Trump call to end aid appeared first on The Forward.
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‘Jews are welcome, Zionists are not’: Is a Zionist ban at a restaurant legal?
Sap Sua, a Vietnamese restaurant in Boulder, Colorado, was one of Emily Lanigan’s favorite restaurants. She even celebrated her 44th birthday there in June. So Lanigan was stunned when the restaurant posted this since-deleted message on Instagram in September: “Jews are welcome, Zionists are not.”
Lanigan, a former synagogue president, identifies as a Zionist, which she defines as the Jewish right of self-determination. Was she really no longer welcome at the place where she had received a complimentary dessert just months before?
She wondered if the restaurant had a different definition of Zionism, she said, and thought maybe reaching out and offering to have an in-person discussion could clear things up.
“Being a Zionist does not mean I do not also believe in the freedom and autonomy of Palestinians,” Lanigan said she commented on Instagram. “You and I are not so far apart.”
But Sap Sua’s owner, Anthony “Ni” Nguyen, doubled down: “As you clearly saw, the full statement was ‘Jews are welcome. Zionists are not.’ Jews are a protected class, and all Jews are welcome,” Nguyen wrote in messages to Lanigan reviewed by the Forward. “Zionism is a political ideology, like Nazism.”
Nguyen’s response to Lanigan implied the law was on his side. He could ban “Zionists,” it seemed, so long as he let in Jews who shared his views about Israel.
Legally speaking, Nguyen was partially correct. Neither federal civil rights law nor Colorado law prohibits businesses from refusing service based on customers’ political beliefs — meaning turning someone away based solely on their political support for Israel could be allowed.
But the line gets murkier when “Zionist” is used as a stand-in for Jewish or Israeli identity, which can violate laws prohibiting discrimination based on religion or national origin.
The distinction matters not only for Sap Sua, as spaces from coffee shops to book festivals to concert venues make disavowing Israel a condition of entry or participation. The troubling practice raises a thorny question: How should the law distinguish between excluding someone because of their political beliefs and excluding them because of who they are?
The right to exclude?
Sap Sua was not the first business to declare itself off-limits to Zionists with no legal consequences. In Utah, after a bar called Weathered Waves declared “no Zionists allowed” in 2024, the attorney general found no evidence of legal wrongdoing. (Weathered Waves later closed over a dispute with its landlord.)
But that doesn’t mean “Zionist” bans are always legal. According to Richard Katskee, a professor of law at Duke University with expertise in public accommodation law, the legality depends on how the ban is enforced.
Does the business ask only Jewish or Israeli customers to disclose their views? Does it make assumptions about the politics of customers wearing kippahs? If Jewish customers are being singled out, Katskee said, that would make a finding of illegal discrimination more likely.
Omer Wiczyk, senior counsel at the Brandeis Center, told the Forward that two cases he’s currently litigating cross that line. At a coffee shop in Oakland, California, a customer wearing a Star of David baseball cap was asked on video if he was a Zionist and told to leave. At an eyebrow salon in Northern Virginia, a customer was kicked out after disclosing she was Israeli-American.
Businesses “cannot turn a customer’s identity into objectionable politics, and then invoke that to justify their exclusion,” Wiczyk told the Forward. “Being Israeli is not a political issue. Being a Jew is not a political issue. It’s who you are.”
But if a business required every customer, regardless of their identity, to affirm a particular political position on Israel before receiving service, that could be legal, Katskee said — though enforcing such a policy fairly would inevitably prove difficult in practice.
“It might be legal, like putting up a sign saying ‘Republicans only’ or ‘Democrats only,’” Katskee said.
Jenin Younes, legal director of the American-Arab Anti-Discrimination Committee, argues that businesses have some latitude to refuse service based on customers’ politics. The ADC is currently making that case on behalf of Poetica Coffee, which is fighting a Department of Justice investigation into its decision to publicly bar Rep. Dan Goldman over his support for Israel.
In Goldman’s case, Younes said, his public profile and easily searchable voting record help support the idea that the coffee shop targeted him for his political views.
“It’s harder to make the argument that ‘No, this was really about just not letting Jewish people in’ — because he’s a public figure,” Younes said. “He’s said what he thinks on these issues.”
Even Goldman himself said that the coffee shop incident did not warrant a civil rights investigation because of his status as a public figure.
Younes argues that the same principle applies to situations unrelated to Israel and Zionism.
In 2018, for example, the owner of a Virginia restaurant kicked out White House press secretary Sarah Huckabee Sanders citing the Trump administration’s “inhumane and unethical” policies. The restaurant faced social backlash, but no legal consequences.
And last year, a Martha’s Vineyard farmers’ market stand refused to sell lawyer Alan Dershowitz pierogi, citing his legal defense of Jeffrey Epstein and other men accused of sexual assault. Dershowitz threatened legal action, but it appears he never actually filed suit.
“In my opinion, businesses should have the right to exclude people whose views it doesn’t like,” Younes said. “And by the way, I would apply this in the other context: If there’s a pro-Israel coffee shop owner and they wanted to say, ‘We don’t want anyone wearing a pro-Palestine pin in here,’ I think they have that right.”
The law’s limits
Whether businesses have the legal right to exclude certain customers is a different question than whether they should.
Such bans can end up holding ordinary Jews responsible for the actions of the Israeli government — with the misguided idea that denying them a meal or a cup of coffee will somehow advance the Palestinian cause.
And since “Zionist” means different things to different people, using the label as a litmus test will almost inevitably lead to erroneous assumptions about peoples’ views.
In cases where the law is not a remedy, the free market may be. Businesses that turn away “Zionists” must be so committed to their beliefs that they are willing to refuse a paying customer, risking boycotts and reputational damage.
At the same time, some businesses may believe the publicity will draw in new clientele. Karimi Brows, which turned away the Israeli-American customer, boasted that it gained 40,000 TikTok followers in the month after the incident.
For its part, Sap Sua appeared to backtrack amid intense public pressure, posting to Instagram that it would welcome “every guest who walks through our doors.” (Sap Sua did not respond to the Forward’s request for comment.)
But for Lanigan, the damage was done.
“It was one of my favorite restaurants,” Lanigan told the Forward. “But I will never set foot in that place again.”
The post ‘Jews are welcome, Zionists are not’: Is a Zionist ban at a restaurant legal? appeared first on The Forward.
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Explainer: Gadi Eisenkot’s four conditions for forming Israel’s next government
(JTA) — JERUSALEM – Israeli President Isaac Herzog tasked Gadi Eisenkot on Sunday with forming Israel’s next government, giving him up to six weeks to assemble a coalition with a total of 61 seats out of 120 in Israel’s parliament, the Knesset.
If he fails to do so, then the president can give another Knesset member the opportunity; most likely this will be incumbent Prime Minister Benjamin Netanyahu. For his part, Netanyahu, has urged Eisenkot to join him in an emergency national unity government that will keep Israel strong against ongoing threats.
Eisenkot has responded that the “national emergency government” he will form will comprise the “four Zionist parties” of the change bloc – his own Yashar Party, B’Yachad headed by former prime ministers Naftali Bennett and Yair Lapid, Avigdor Liberman’s Yisrael Beitenu Party and the Democrats under Yair Golan.
He also said he would welcome “parties and Knesset members who support Yashar’s four principles” to join the coalition.
At the President’s Residence in Jerusalem on Sunday, Eisenkot said he would be sending out formal invitations as soon as possible “to every Knesset faction, calling on all their members, both as parties and as individuals, to take part in forming the government and bringing it to its swearing-in.
“The rule is simple,” he added. “If you are prepared to sign on to the four principles I have set out, you are potential partners in a national emergency government under my leadership.”
Throughout his campaign, and particularly since the Oct. 27 election, Eisenkot has emphasized these four principles as the basis for forming the next government. But what are they exactly? And who, out of the other 11 parties, will be able to accept them and join his coalition?
1) Recognition of the State of Israel as a Jewish and democratic state.
Eisenkot wants to define his coalition as a government that is committed to Israel’s Jewish national identity and to democracy, not simply an alliance united by opposition to Netanyahu.
Any party wanting to join must accept Israel’s identity as the national home of the Jewish people first. The requirement has historically been contentious for Israel’s two Arab parties, who represent 19 Knesset members.
Parties must also accept the country’s democratic institutions, which uphold equality and rights for all citizens and prioritize the rule of law.
This means parties, such as the far-right and the ultra-Orthodox, that, as members of the outgoing government, have been pushing to overhaul the country’s judiciary – a key institution in Israel’s system of democratic checks and balances – might think twice about joining.
2) Acceptance of the values of the Declaration of Independence.
Israel’s Declaration of Independence, proclaimed and signed on May 14, 1948, is a foundational document that has helped shape the country’s constitutional principles, although Israel does not have a single, formal written constitution.
In it, the signatories laid out their vision for Israel, including the historical ties the Jewish people have to the land of Israel and its place as a safe haven for Jews around the world who are in trouble.
For Eisenkot, the emphasis appears to be on one particular section that declares: “The State of Israel will foster the development of the country for the benefit of all its inhabitants; it will be based on freedom, justice and peace as envisaged by the prophets of Israel; it will ensure complete equality of social and political rights to all its citizens, irrespective of religion, race or sex; it will guarantee freedom of religion, conscience, language, education and culture; and it will safeguard the Holy Places of all religions; and it will be faithful to the principles of the Charter of the United Nations.”
By embracing the Declaration of Independence, Eisenkot is recognizing the place of Israel’s minority groups, highlighting their “full and equal citizenship.” A point mentioned twice in the declaration.
The declaration also reaffirms that Israel is a country seeking peace, rather than endless conflict, at a time when Netanyahu has recently been criticized over his handling of the country’s wars on multiple fronts.
3) Mandatory service for all — military, national, and civilian, to strengthen the IDF and expand its ranks.
Including this condition for joining the government is a direct message to the ultra-Orthodox parties, at least one of which is considering supporting Eisenkot’s coalition.
United Torah Judaism, which has been aligned closely with Netanyahu’s bloc for at least the past two decades, on Thursday refused to recommend the prime minister as Israel’s next leader. Instead, the party, which holds seven seats, abstained from recommending any candidate.
Both UTJ and the second ultra-Orthodox party, Shas, have resisted efforts that would include ultra-Orthodox young men studying in yeshiva under a universal draft law requiring all eligible Israelis to perform military service.
Previous exemption laws have expired, and Israel’s Supreme Court has ruled that the state’s blanket exemption of yeshiva students from military service has no legal basis and violates principles of equality before the law.
By including this condition, Eisenkot is telling the ultra-Orthodox – and even the Arab community, most of whose members are also exempt from mandatory military service – that everyone in Israel must do their part, whether through military service or some type of national or community service.
This stipulation could either keep the ultra-Orthodox out of the government, even though Eisenkot’s partners have expressed willingness to allow their participation. Or it could force them to be more flexible on an issue that until now they have appeared unrelenting.
4) Recognition of Hamas as a terrorist organization and commitment to dismantling its military and governing power.
Leaders of the two Arab parties, the Islamist Ra’am Party and the more nationalist Joint List, have refused to make this statement out loud.
Ra’am leader Mansour Abbas, who has repeatedly condemned the Oct. 7 attack, has said he does have a clear position on this but refuses to state it publicly for several reasons ranging from concerns about his personal safety to his ties to the Muslim Brotherhood, to which Hamas is also affiliated. He has also questioned why Arab politicians are required to pass loyalty tests that are not applied equally to Jewish politicians.
When President Herzog pressed him on the matter last week, Abbas said: “I have an unequivocal answer, but leave me space to be a bridge. To also influence the other side.” He argued that maintaining channels of communication with Palestinians requires him not to adopt language that would immediately alienate them.
For the Joint List, the continued refusal to call Hamas a terror group appears to reflect the view that Hamas is part of the broader Palestinian political movement. Some of its members argue that labeling it a terrorist organization risks delegitimizing Palestinian political aspirations as a whole.
Members of the 11-member faction have condemned the Oct. 7 massacre, but are unlikely to accept this particular condition because it could be used to justify Israel’s military campaigns in Gaza and the West Bank. Its leaders also want to preserve their credibility among Palestinian voters, many of whom see the conflict through the lens of occupation and Palestinian national rights.
This article originally appeared on JTA.org.
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