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A law professor worries Israel could become the next Hungary

(JTA) — Israel’s new governing coalition has been called the “most right-wing” in the nation’s history. That’s heartening to supporters who want the country to get tough on crime and secure Jewish rights to live in the West Bank, and dismaying to critics who see a government bent on denying rights to Israel’s minorities and undermining any hope for a peaceful solution to the Israeli-Palestinian conflict.

While the far-right politics of new government ministers Bezalel Smotrich and Itamar Ben Gvir have drawn much of the world’s attention, a series of proposed changes to Israel’s judicial system has also been raising hopes and alarms. On Wednesday, new Justice Minister Yariv Levin announced an overhaul that would limit the authority of the High Court of Justice, Israel’s Supreme Court. It would put more politicians on the selection committee that picks judges, restrict the High Court’s ability to strike down laws and government decisions and enact an “override clause” enabling the Knesset to rewrite court decisions with a simple majority.

Levin and his supporters on the right justify these changes as a way to restore balance to a system that he says puts too much control in the hands of (lately) left-leaning judges: “We go to the polls, vote, elect, and time after time, people we didn’t elect choose for us. Many sectors of the public look to the judicial system and do not find their voices heard,” he asserted. “That is not democracy.”

Critics of the changes call them a power grab, one that will hand more leverage to the haredi Orthodox parties, remove checks on the settlement movement and limit civil society groups’ ability to litigate on behalf of Israeli minorities. 

To help me make sense of the claims on both sides, I turned to Tom Ginsburg of the University of Chicago, where he is the Leo Spitz Distinguished Service Professor of International Law and co-directs the Comparative Constitutions Project, which gathers and analyzes the constitutions of all independent nation-states. He’s also a Jew who has transformed a former synagogue on the South Side of Chicago into a cutting-edge arts space, and says what’s happening with Israel’s new governing coalition “raises my complicated relationship with the country.”

We spoke on Friday. Our conversation has been edited for length and clarity.

Jewish Telegraphic Agency: You have written about law in Israel, which lacks a constitution but relies on a series of “basic laws” to define its fundamental institutions. You’ve written that the Israeli judiciary had become “extremely powerful” — maybe too powerful — in imbuing the basic laws with a constitutional character, but worry that the current reforms will politicize the court in ways that will undermine Israeli democracy.

Tom Ginsburg: The proposed reforms were a campaign promise of certain elements of this coalition who have had longstanding grievances against the Israeli judiciary. The Israeli judiciary over the last decades has indeed become extremely powerful and important in writing or rewriting a constitution for Israel, promoting human rights and serving as a check and balance in a unicameral parliamentary system where the legislature can do anything it wants as a formal matter. A lot of people have had problems with that at the level of theory and practice. So there have been some reforms, and the court has, in my view, cut back on its activism in recent decades and in some sense has been more responsive to the center of the country. But there’s longstanding grievances from the political right, and that’s the context of these proposals.

A lot of the concerns about the new government in Israel are coming from the American Jewish left. But in an American context, the American Jewish left also has a big problem with the United States Supreme Court, because they see it as being too activist on the right. So in some ways isn’t the new Israeli government looking to do what American Jewish liberals dream of doing in this country?

Isn’t that funny? But the context is really different. The basic point is that judicial independence is a really good thing. Judicial accountability is a really good thing. And if you study high courts around the world, as I do, you see that there’s kind of a calibration, a balancing of institutional factors which lead towards more independence or more accountability and sometimes things switch around over time. 

Israeli Justice Minister Yariv Levin holds a press conference at the Knesset, the Israeli parliament in Jerusalem, Jan. 4, 2023. (Olivier Fitoussi/Flash90)

You mean “accountability” in the sense that courts should be accountable to the public. 

Right. The Israeli promoters of these plans are pointing to the United States, in particular, for the proposals for more political involvement in the appointment process. On the other hand, in the United States once you’re appointed politically, you’re serving for life. There’s literally no check on your power. And so maybe some people think we have too much independence. If these proposals go through in Israel, there will be a front-end politicization of the court [in terms of the selection commission], but also back-end checks on the court [with the override clause that would allow a simple majority to reinstate laws struck down by the Supreme Court]. So in some sense, it moves the pendulum very far away from independence and very much towards accountability to the point of possible politicization.

And accountability in that case is too much of a good thing.

Again, you don’t want courts that can just make up rules. They should be responsive to society. On the other hand, you don’t want judges who are so responsive to society that there’s no protection for the basic rights of unpopular minorities. 

What makes Israel either unique or different from some of the other countries you study, and certainly the United States? Part of it, I would guess, is the fact that it does not have a constitution. Is that a useful distinction?

They couldn’t agree on a single written constitution at the outset of the country, but they have built one through what you might call a “common law method”: norms and practices over time as well as the system of “basic laws,” which are passed by an absolute majority of the Knesset, where a majority of 61 votes can change any of those. But while they’re not formally entrenched, they have a kind of political status because of that term: basic law. 

By the way, the Germans are in the same boat. The German constitution is called the Basic Law. And it was always meant to be a provisional constitution until they got together and reunified.

If you don’t have a written constitution, what’s the source of the legitimacy of judicial power? What is to prevent a Knesset from just passing literally any law, including ones that violate all kinds of rights, or installing a dictator? It has been political norms. And because Israel has relied on political norms, that means that this current conflict is going to have extremely high stakes for Israeli governance for many decades to come.

Can you give me a couple of examples? What are the high stakes in terms of democratic governance?

First of all, let me just say in principle that I don’t oppose reforms to make the judiciary more independent or accountable in any particular country. But then you obviously have to look at the local context. What’s a little worrying about this particular example is that several members of this coalition are themselves about to be subject to judicial proceedings. 

Including the prime minister, Benjamin Netanyahu.

Right. And for example, they need to change the rules so that [Shas Party chairman] Aryeh Deri can sit in the cabinet despite his prior convictions. That indicates to me that maybe this isn’t a good-faith argument about the proper structure of the Israeli, uncodified constitution, but instead a mechanism of expediency.

Any one of these reforms might look okay, and you can find other countries that have done them. The combination, however, renders the judiciary extremely weak. Right now, it’s a multi-stakeholder commission that nominates and appoints judges in Israel, and the new coalition wants to propose that the commission be made up of a majority of politicians. We know that when you change the appointments mechanism to put more politicians on those committees, the more politicized they become.

Think about the United States process of appointing our Supreme Court judges: It’s highly politicized, and obviously the legitimacy of the court has taken a big hit in recent years. In Israel, you’d have politicized appointments under these reforms, but then you also have the ability of the Knesset to override any particular ruling that it wanted. Again, you can find countries which have that. It’s called the “new commonwealth model” of constitutionalism, in which courts don’t have the final say on constitutional matters, and the legislature can overrule them on particular rulings. But I think the combination is very dangerous because you could have a situation where the Knesset — which currently has a role in protecting human rights — can pick out and override specific cases, which really to me goes against the idea of the rule of law.  

You mentioned other countries. Are there other countries where these kinds of changes were enacted and we saw how the experiment turned out?

The two most prominent recently are Hungary and Poland, which are not necessarily countries that you want to compare yourself to.

Certainly not if you are Israel.

Right. There’s so much irony here. When the new Polish government came in in 2015, they immediately manipulated the appointment system for the Constitutional Court and appointed their own majority, which then allowed them to pass legislation which probably would have been ruled unconstitutional. They basically set up a system where they were going to replace lower judges and so they were going to grow themselves into a majority of the court. And that’s led to controversy and rulings outside the mainstream that have led to protests, while the European Union is withholding funds and such from Poland because of this manipulation of the court.

In Hungary, Victor Orban was a really radical leader, and when he had a bare majority to change the constitution he wiped out all the previous jurisprudence of the Constitutional Court. I don’t think the Israeli government would do that. But still there is this kind of worrying sense that they’re able to manipulate interpretation of law for their own particular political interest. 

Another thing I want to raise is the potential for a constitutional crisis now. Suppose they pass these laws and the Israeli Supreme Court says, “Well, wait a minute, that interferes with our common law rules that we are bound by, going back to the British Mandate.” It conflicts with the basic law and they invoke what legal scholars call the “doctrine of unconstitutional constitutional amendments,” which is basically saying that an amendment goes against the core of our democratic system and violates, for example, Israel’s character as a Jewish and democratic society. Israel has never done this, but it is a kind of tool that one sees deployed around the world in these crises. And if that happened, then I think you would have a full constitutional crisis on your hands in Israel.  

Supreme Court President Aharon Barak speaks with Prime Minister Benjamin Netanyahu during a ceremony in the Supreme Court marking 50 years of law, Sept. 15, 1998. (Avi Ohayon)

What does a constitutional crisis look like? 

Suppose you have sitting justices in Israel who say, “You know, this Knesset law violates the basic law and therefore it’s invalid.” And then, would the Knesset try to impeach those judges? Would they cut the budget of the judiciary? Would they back down?

When you compare Israel’s judicial system to other countries’ over the years, how does it stack up? Is it up there among the very strong systems or is it known for flaws that might have maybe hobbled its effectiveness?

It’s always been seen around the world as a very strong judiciary. Under the leadership of Aharon Barak [president of Israel’s Supreme Court from 1995 to 2006] it became extremely activist. And this provoked backlash in Israeli politics. That led to a kind of recalibration of the court where it is still doing its traditional role of defending fundamental rights and ensuring the integrity of the political process, but it’s not making up norms left and right, in the way that it used to. This is my perception. But it’s certainly seen as one of the leading courts around the world, its decisions are cited by others, and because of the quality of the judges and the complex issues that Israel faces it’s seen as a strong court and an effective court and to me a balanced court.

But, you know, I’m not in Israel, and ultimately, they’re going to figure out the question how balanced it is or where it’s going to go. I do worry that an unchecked majoritarian system, especially with a pure proportional representation model like Israel, has the potential for the capture of government by some minorities to wield power against other minorities. And that’s a problem for democracies — to some degree, that’s a problem we face in the United States.

How correctable are these reforms? I am thinking of someone who says, “These are democratically elected representatives who now want to change a system. If you want to change the system, elect your own majority.” Is the ship of state like this really hard to turn around once you go in a certain direction?

This is an area in which I think Israel and the United States have a lot of similarities. For several decades now, the judiciary has been a major issue for those on the political right. They thought the Warren Court was too left-leaning and they started the Federalist Society to create a whole cadre of people to staff the courts. They’ve done that and now the federal courts are certainly much more conservative than the country probably. But the left didn’t really have a theory of judicial power in the United States. And I think that’s kind of true in Israel: It’s a big issue for the political right, but the political left, besides just being not very cohesive at the moment, isn’t able to articulate what’s good about having an independent judiciary. It is correctable in theory, but that would require the rule of law to become a politically salient issue, which it generally isn’t in that many countries. 

How do you relate to what is happening in Israel as a Jew, and not just a legal scholar?  

That’s a great question, because it really raises my complicated relationship with the country. You know, I find it to be a very interesting democracy. I like going to Israel because it’s a society in which there’s a lot of argument, a lot of good court cases and a lot of good legal scholars. On one level, I connect with my colleagues and friends there who seem very demoralized about this current moment. And I honestly worry about whether this society will remain a Jewish and democratic one with the current coalition. 

The rule of law is a part of democracy. You need the rule of law in order to have democracy function. And I know others would respond and say, “Oh, you’re just being hysterical.” And, “This isn’t Sweden, it’s the Middle East.” But the ethno-nationalist direction of the country bothers me as a Jew, and I hope that the court remains there to prevent it from deepening further.

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The post A law professor worries Israel could become the next Hungary appeared first on Jewish Telegraphic Agency.

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Anne Carson — a poet of spirituality and ‘small things’ — has won the Nobel Prize

Anne Carson, today awarded the Nobel Prize in Literature, can be a difficult poet. Much of her work is erudite, complex and genre-defying; it is poetry and prose and criticism and translation and, occasionally, a kind of theology. But Carson’s work is also profoundly spiritual and richly rewarding, especially for those of us prone to introspection, intellection, melancholy, and, as Carson once described the task of a writer, “noticing small things.”

There are many facets of Carson’s work, and many lenses through which one might relate to it. Born in 1950, Carson was trained as a classicist, and spent much of her career teaching Ancient Greek; in addition to her translations of Sophocles, Sappho, and others, her own poems are often saturated with classical references. Her essays on a wide variety of subjects are similarly erudite and rich. Many have written on these aspects of her work.

Personally, though, as a contemplatively-inclined Jewish reader, I have found her to be a literary as well as spiritual role model. I use the word ‘spiritual’ with hesitation. I doubt Carson would like it much, and what I mean by it is not the cultivation of certain warm feelings but the choice to pay attention, in a certain way, to both the surfaces and the depths of things; to refuse the pat dichotomy between the head and the heart; to dwell in the interiority of experience that, paradoxically, arises from “noticing small things.”

When Carson does turn explicitly to religious and spiritual subjects (she was raised Catholic), she excels, perhaps more than any other writer I have read, in avoiding the clichés that make writing about ‘spirituality’ so challenging.  Her long poem from 1992, “The Truth About God” begins:

My religion makes no sense
and does not help me
therefore I pursue it.

When we see
how simple it would have been
we will thrash ourselves

Carson isn’t speaking conventionally here, I don’t think — this isn’t quite the Israelites saying, in Sinai, Na’aseh v’Nishmah, we will do and [then] we will understand. But it is a contemplative version of it; a devotional attitude toward the particular. In another section of the poem, entitled “God’s Justice,” she writes:

In the beginning there were days set aside for various tasks.
On the day He was to create justice
God got involved in making a dragonfly

and lost track of time.
It was about two inches long
with turquoise dots all down its back like Lauren Bacall.

So this is why there is no justice in the world, or why we must always pursue it anyway: because God was so busy with beauty. The poet, too, gets distracted; the rest of the poem is about the dragonfly. (Like Mary Oliver, Carson is a sublime poet of nature.)  As indeed is true in our world — alongside all the evils and injustices of the last few years, the shimmering of tree branches in the breeze, the light refracting into my study, remain as resonant as ever.

When I heard the news about Carson’s Nobel, I came across a post by Florida State University Professor Martin Kavka, whom I’ve known for many years and who, it turns out, is also a Carson fan. Like me, Kavka was elated to hear the news, and we chatted for a while. “Sometimes we think of poetry as something that expresses the way the world is, that pierces the mystery of the world and gives us True Knowledge,” Kavka told me. “But for me, Carson’s poetry, in its odd recombination of words, expresses how we so often feel askew when relating to the world, as if it will always be mysterious, as if its mystery were just there to taunt us.”

“We all know that when we feel askew,” Kavka continued, “authority figures make us feel that it’s our fault. This is true of religious authority figures — and Jewish texts, given that Deuteronomy suggests that we are at fault when we are not thriving — but also of political and educational authorities. Carson gives us all armor for those moments…  And for so many of us who are (over)educated, we value assembly too much and beauty not enough. I feel recalibrated whenever I read her, as if I’ve just visited some sort of emotional chiropractor. “

I love that insight. Carson is definitely, in some ways, a nerdy writer. Her work is intellectual, dense, and sometimes opaque. (I find myself reaching again for the word ‘erudite.’)  But that is not at the expense of emotional depth. A recent essay, for example, describes Carson’s heartbreaking loss, due to Parkinson’s Disease, of her ability to write legibly — but along the way discusses the Roman poet Catullus, the painter Cy Twombly, composer David Lang, psychiatrist Norman Doidge, as well as Roland Barthes, John Keats, John Cage, Gertrude Stein, and attending a boxing class for people with Parkinson’s. In it, she writes:

Let’s start with life, your life. There it is before you — possibly a road, a ribbon, a dotted line, a map — let’s say you’re 25, then you make some decisions, do things, have setbacks, have triumphs, become someone, a bus driver, a professor, a pirate, years pass, maybe in a family maybe not, maybe happy maybe not, then one day you wake up and you’re seventy. Looking ahead you see a black doorway. You begin to notice the black doorway is always there, at the edge, whether you look at it or not. Most moments contain it, most moments have a sort of sediment of black doorway at the bottom of the glass. You wonder if other people are seeing it too. You ask them. They say no. You ask why. No one can tell you.

A minute ago you were 25. Then you went ahead getting the life you want. One day you glanced over from 25 to now and there it is, the doorway, black, waiting.

Similarly, Kavka’s favorite Carson poem, “Merry Christmas from Hegel,” begins with the poet “wretchedly lonely with all my family dead”:

It was the year my brother died, I lived up north and had few friends or they all went away. Christmas Day I was sitting in my armchair, reading something about Hegel.

Yet she doesn’t stay in the armchair. She is “overjoyed” at Hegel’s language, at “this notion of a philosophic space where words drift in gentle mutual redefinition of one another,” and she goes outside to stand in the snow:

I went to the middle of a woods. Fir trees, the teachers of this, all around. Minus twenty degrees in the wind but inside the trees is no wind. The world subtracts itself in layers. Outer sounds like traffic and shoveling vanish. Inner sounds become audible, cracks, sighs, caresses, twigs, bird breath, toenails of squirrel. The fir trees move hugely. The white is perfectly curved, stunned with itself. Puffs of ice fog and some gold things float up. Shadows rake their motionlessness across the snow with a vibration of other shadows moving crosswise on them, shadow on shadow, in precise velocities. It is very cold; then that, too, begins to subtract itself, the body chills on its surface but the core is hot and it is possible to disconnect the surface, to withdraw to the core, where a ravishing peace flows in, so ravishing that I am unembarrassed to use the word *ravishing*, and it is not a peace of separation from the senses, but the washing-through peace of looking, listening, feeling, at the very core of snow, at the very core of the care of snow.

This is the consolation of the intellectual life, in the best sense: the abstruse philosophical language of Hegel liberates the poet from her melancholy, sends her out into the woods where she has an encounter with the numinous, rendered in perfect, concrete prose without a single platitude of religious or spiritual writing.

Said Kavka of this work, “I learned how to be a widower — how to relate to the world so that death does not govern my existence — from her.”

I am delighted that Carson has won the Nobel, not only for the recognition (and money!) that she deserves, but because it might win  her some new readers, including those of us in the Jewish spirituality world for whom Carson’s “noticing” is at the center of our religious lives. I’ll  give her the last words, once again taken from the poem “The Truth About God”:

God’s Work

Moonlight in the kitchen is a sign of God.
The kind of sadness that is a black suction pipe extracting you
from your own navel and which the Buddhists call

“no mindcover” is a sign of God.
The blind alleys that run alongside human conversation
like lashes are a sign of God.

God’s own calmness is a sign of God.
The surprisingly cold smell of potatoes or money.
Solid pieces of silence.

From these diverse signs you can see
how much work remains to do.
Put away your sadness, it is a mantle of work.

 

The post Anne Carson — a poet of spirituality and ‘small things’ — has won the Nobel Prize appeared first on The Forward.

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Ford was the most pro-Israel president in US history, and we need his playbook now

If you ask historians to name the most pro-Israel president in U.S. history, you’ll generally hear variations of the same responses. Harry Truman recognized the Jewish state; Ronald Reagan and Joe Biden defended Zionism; George W. Bush, Barack Obama, and Donald Trump have all, at various points, been dubbed “the first Jewish president.”

Gerald Ford almost never makes the list. He is usually lumped in with Dwight D. Eisenhower and George H.W. Bush as a president who was hostile to Israel. I would argue, contrary to the popular perception, he belongs at the very top. In Israel’s hour of need, Ford provided what only a true friend can offer: tough love.

After the 1973 Yom Kippur War shattered Israel’s self-confidence, Ford perceived what many in Israel could not: Militarism as a substitute for diplomacy is self-destructive.

Much like today, the wars of 1967 and 1973 involved remarkable technical feats on the part of Israel; they also nearly triggered global nuclear conflict. Secretary of Defense Robert McNamara described the U.S. and Soviet Union as being a “hair’s breadth” away from war in 1967. In 1973, with Richard Nixon and Leonid Brezhnev drinking heavily, the CIA reported that the Soviets had moved nuclear weapons to Alexandria, Egypt; the U.S. subsequently went to DEFCON III. What made 1973 so deeply troubling was that Egypt’s Anwar Sadat had secretly attempted to avert war and pursue peace. Still more troubling is the fact that King Hussein of Jordan had personally flown to Israel to warn of the imminence of an Arab attack.

Even after Ford took office, Israel’s government did not take Sadat seriously. But Ford and his secretary of state, Henry Kissinger, a Holocaust refugee and a friend of Israeli Prime Minister Yitzhak Rabin, did. If Nixon and Kissinger brought out the worst in each other — from supporting the coup in Chile to prolonging the Vietnam war — Ford and Kissinger brought out the best in each other, at least when it came to Middle East diplomacy.

In March 1975, after Israel continued to resist compromises with Egypt, Kissinger advised Ford to take a tougher line with Rabin. On March 21, Ford wrote one of the harshest letters in the history of the U.S.-Israel relationship, indicating that he had ordered “an immediate reassessment of U.S. policy in the area, including our relations with Israel.” Ford subsequently suspended or deferred new arms deliveries, including F-15 fighter jets. These were extremely risky political moves with very little domestic upside. But Ford was not simply another politician looking to the next election; he was a statesman looking to the next generation.

More importantly, Ford was acting as a true ally. Friends do not let friends squander a fleeting chance for peace with a mortal enemy. The Sinai II agreement was signed in 1975, committing Israel and Egypt to resolve their differences through diplomacy rather than warfare, laying the groundwork for the 1979 Camp David Accords. Jimmy Carter rightly gets credit for finishing the job with the former Irgun leader Menachem Begin as Israeli prime minister; but it was Ford who enabled the breakthrough. Six years after Sinai II, Sadat became a martyr for peace; two decades after the agreement (and two years after the first Oslo Accord), Rabin met the same fate.

For nearly half a century, that peace has served as the cornerstone of American and Israeli security in the region. It has survived wars, revolution, and terrorism. Peace with Egypt broke the taboo on Arab-Israeli pacts, demonstrating that coexistence was indeed possible; it paved the way for a treaty with Jordan and, ultimately, the Abraham Accords. To this day, Egypt remains one of Israel’s most vital intelligence partners.

What Ford can teach today’s leaders

Israel’s current leaders appear oblivious to this history. Highly credible reports have indicated that Israel was warned of war by Egyptian and other officials prior to the Oct. 7 attacks, which were themselves strikingly reminiscent of 1973. Remarkably, Egyptian intelligence chief Abbas Kamel is even said to have flown to Israel days before the slaughter to warn Israeli Prime Minister Benjamin Netanyahu’s government. Former Defense Minister Yoav Gallant’s claim that he only learned of these warnings from the media raises profound questions.

Oct. 7 and what followed have demonstrated the absolute bankruptcy of the “escalate to deescalate” doctrine and also the centrality of the Middle East conflict to regional and global security. So, in this world-historic moment, what can we learn from Gerald Ford?

First, like Ford, we must be realistic about the severity and trajectory of the crisis. It is clear that one or more players are inching closer toward the deployment of an unconventional weapon, ground forces, and/or a major conventional attack that would destroy critical infrastructure. Any such action would certainly be reciprocated, taking the global economy off a cliff.

Second, we must insist on known solutions. Former Israeli Prime Minister Ehud Olmert confirmed to me that Palestinian Authority President Mahmoud Abbas never said no to the map he proposed in 2008. This is because the two men were essentially in agreement. Instead of sending Israel 40,000 one-ton bombs, Trump should do what Ford did. Freeze weapons shipments until Netanyahu negotiates with Abbas in good faith to conclude an agreement along the lines of the Olmert parameters. As its name suggests, the “Axis of Resistance” would be severely undermined by peace with the Palestinians.

Third, we are faced with a simple truth: military escalation in the Persian Gulf cannot achieve what global diplomacy can. We must ask ourselves why China and Russia both supported the first Iran deal. While both countries would love to see the U.S. weakened in the region, does anyone really believe either power desires Iranian nuclear weapons in the Strait of Hormuz any more than the U.S. would desire them in Venezuela’s oil fields or the Panama Canal? History and economics suggest otherwise: Russia, once dubbed the “lesser Satan” by Iran, attempted to dismember the country after World War II, and China currently purchases roughly 90% of Iran’s exported oil. Ford, who used diplomacy with Egypt to weaken the USSR in the Middle East, would recognize these underlying frictions and use them to turn China and Russia against Iran. Today, we have accomplished the exact opposite.

Ford paid a profound political price for his courage, but he did the right thing anyway. When he took the oath of office, his hand rested on the wisdom of Solomon: “Lean not unto thine own understanding.” Many of our leaders today lean on little else.

The most pro-Israel thing an American president can do today is exactly what Ford did: Get some good advice and then administer tough love.

The post Ford was the most pro-Israel president in US history, and we need his playbook now appeared first on The Forward.

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She left Russia as a Jewish refugee — she returned to tell the stories of a new group of undesirables

Julia Loktev left the Soviet Union with her family in 1979, when she was 9, during a brief window when Jews were allowed to emigrate.

The pretext, in this time of refuseniks, was to go to Israel and practice their religion: only her family had no intention of going to Israel, and the last person in her family who went to temple was her great-grandmother.

“My mom sort of did it on a whim,” Loktev, 56, the film director, recalled in a Zoom interview from her home in New York. “She said ‘We have friends who applied for many, many years and were being rejected,’ and they said, ‘Oh, why don’t you try applying?’” When she did, the answer came back almost immediately: “Get out.”

“We left not knowing what country we were going to,” Loktev said. They were, effectively, refugees.

They spent time in Vienna, then a suburb of Rome before ultimately arriving, with sponsorship from HIAS, in Loveland, Colorado. Loktev’s experience of immigration, and of her own Jewishness, was bound up with state-sanctioned antisemitism.

“It was in my passport, it was in my school papers, it was on my face,” she said. “My parents couldn’t go to certain universities. They couldn’t get certain jobs, like literally, it was a state policy.”

Decades later, in 2021, she flew to Moscow to document a new policy for undesirables. The Russian government declared a number of journalists “foreign agents,” and they were forced by law to disclose themselves as such. She filmed the fallout, not knowing it was just the start of a larger story of displacement.

“When you were named a foreign agent, you had to put a paragraph-long disclaimer that had to be in a type larger than anything else, like larger than the headline, saying in very legalistic terms, ‘This was brought to you by a foreign agent,’” Loktev said. “This had to go on everything: on all your articles, on your podcast, your TV shows. It had to go on your Instagram puppy pictures. It had to go on your comments on a friend’s baby on Facebook — anywhere you were in public, even if you walked into a court of law, if you were in a parents’ chat, you had to present yourself as a foreign agent.”

Julia Loktev Photo by Sandra Gomez

The plight of these foreign agents, documented in her 2024 film My Undesirable Friends: Part I — Last Air in Moscow, had glaring historical parallels of past regimes that made citizens identify themselves as “other.” In early 2022, the situation of her characters began to mirror her own journey as a refugee.

One week into Russia’s war in Ukraine, the young reporters at TV Rain, one of the last bastions of the free press under Russian president Vladimir Putin, were tipped off that their studio was about to be raided. Loktev filmed the moment. From there they left the country within a few hours, booking tickets on whichever plane had seats to whichever countries didn’t require visas.

My Undesirable Friends: Part II — Exile starts with this mass exodus and ends a few months before the film debuted at Venice in September. To follow her characters, Loktev travelled light and racked up passport stamps, filming on her iPhone in Istanbul, Amsterdam, Tel Aviv, Riga and New York. Situated in new countries,  the journalists regrouped in ad hoc offices to continue reporting on the motherland from a distance. Their work became even more vital, providing their fellow Russians an alternative to state media that only ever referred to a war of aggression as a “special military operation.”

The film grew even more personal for Loktev in part two, but she’s quick to distinguish her subjects’ experience of exile from her immigration.

“When I was 9, I was told ‘Say goodbye to your grandparents, say goodbye to your aunts,’” said Loktev. “But that was part of the deal. I grew up in a closed world of the Iron Curtain where going to America was going to Mars. There was no return flight.”

Loktev’s characters, the youngest of whom are in their early 20s at the start of the film, had grown up with the internet and Zara and H&M down the street. They were unaccustomed to the scale of repression with the outbreak of Putin’s war: tellingly, they liken their predicaments not to life under Stalin or his successors, but to the totalitarian campaigns of villains from Harry Potter.

“None of these people chose to leave,” Loktev said. “They literally had to be put in a situation where they were like, ‘I can go to jail, where I won’t be very useful. I can shut up, or I have to leave the country.’ And at that moment, they chose leaving the country.”

Many — a number have prison sentences waiting for them — don’t anticipate returning anytime soon. If there’s a part three, she and her subjects have pledged, it will likely arrive only after the death of Putin.

My Undesirable Friends is a sprawling portrait of reporters weathering the whims of foreign governments and the aggression of their own abroad. (One writer, Elena Kostyuchenko, known for her longform work, was poisoned over the course of filming.)

Loktev’s film had its U.S. premiere at New York Film Festival last month. Among her festivalmates were Yuval Abraham and Rachel Szor, whose documentary NAZA, alleging war crimes by the Israeli Defense Force, has led Israeli Prime Minister Benjamin Netanyahu to threaten to revoke Abraham and Szor’s citizenships.

“I’ve been thinking a lot about Rachel and Yuval, whom I don’t know personally, but who are now very much in a similar position as my characters, where they have been targeted by the government, targeted by hateful, angry mobs and are now facing the possibility of being in exile,” said Loktev, who recalled an interview where Abraham said he had “nothing to do abroad.”

She thinks Abraham, himself a journalist, must find it difficult to be “cut off” from his home, in no small part due to his desire to report on the ground. But she still distinguishes between the “flavors of the threats” in Israel and Russia.

“With Russia most of the threats are somehow government-related,” Loktev said. “You are able to print some things in Israel without going directly to jail. Haaretz still operates. Like in Russia that would be shut down in a hot second.

“What Russia doesn’t have, I suppose, which is what I fear most, I think, in the case of Rachel and Yuval, is the messianic mobs.”

Loktev sees events in Russia, Israel and America all trending toward a reality where those in power won’t countenance any story critical of their country. While Trump tries to ban news outlets from the White House briefing room and Putin cracks down on demonstrations, the war in Ukraine no longer makes headlines.

Within Russia, she describes a climate of fear and paranoia. She mentions a friend who used to go back to film events like Navalny’s funeral on the street but says it’s no longer possible. “She said ‘everyone is so suspicious. People are just terrified.’” At the same time, the war in Ukraine shows no sign of stopping. Much of the media has its eyes elsewhere, though she believes Russia will intensify its offensive this winter.

Apathy and numbness are not feelings Loktev’s characters can afford, though they naturally have their share of fear.

Dispersed among countries with no extradition agreement with Russia — a surprisingly limited club — they continue to try and speak the truth to their viewers in Russia relying on workarounds like VPNs. The fatigue of an unchanging story is real, but Loktev says the reality must not be normalized.

Lately, Loktev’s heard that potential audiences are tired of stories about freedom of the press and authoritarianism. To this, she has a ready response: “It’s not tired of you.”

The post She left Russia as a Jewish refugee — she returned to tell the stories of a new group of undesirables appeared first on The Forward.

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