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Israeli democracy may not survive a ‘reform’ of its Supreme Court
(JTA) — On Dec. 29, Israel swore in Benjamin Netanyahu’s sixth government. The Likud leader became Israel’s prime minister once more, and one week later, Israel’s long-anticipated judicial counterrevolution began.
In the Knesset Wednesday, newly minted Justice Minister and Netanyahu confidant Yariv Levin unveiled a package of proposed legislation that would alter the balance of power between Israel’s legislature and its Supreme Court.
At the core of this plan is a bill to allow the Knesset to override the Supreme Court. Levin’s proposals — which almost certainly have the immediate support of a Knesset majority, regardless of Levin’s assurances that they would be subject to “thorough debate” — would pave the way for Israel’s new government to pass legislation that curtails rights and undermines the rule of law, dealing a blow to Israeli democracy.
The dire implications of this proposed judicial reform are rooted in key characteristics of the Israeli political system that set it apart from other liberal democracies. Israel has no constitution to determine the balance of power between its various branches of government. In fact, there is no separation between Israel’s executive and legislative branches, given that the government automatically controls a majority in the parliament.
Instead, it has a series of basic laws enacted piecemeal over the course of the state’s history that have a quasi-constitutional status, with the initial intention that they would eventually constitute a de jure constitution.
Through the 1980s, the Knesset passed basic laws that primarily served to define state institutions, such as the country’s legislature and electoral system, capital and military. In the 1990s, there was a paradigm shift with the passage of two basic laws that for the first time concerned individuals’ rights rather than institutions, one on Human Dignity and Liberty (1992) and the other on Freedom of Occupation (1994). These laws enshrined rights to freedom of movement, personal freedom, human dignity and others to all who reside in Israel.
Aharon Barak, the president of Israel’s Supreme Court from 1995 to 2006, argued that these laws constituted a de facto bill of rights, empowering the court to review Knesset legislation and to strike down laws that violate civil liberties, a responsibility not explicitly bestowed upon the court in the basic law pertaining to the judiciary. In 1995, the Supreme Court officially ruled that it could indeed repeal legislation that violates the country’s basic laws, heralding an era of increased judicial activism in Israel in what became known as the “judicial revolution.” The court has struck down 20 laws since, a fairly modest number compared to other democracies.
The judicial revolution of the 1990s shifted the balance of power in Israel’s political system from one of parliamentary sovereignty, in which the Knesset enjoyed ultimate power, to one in which the legislature is restricted from violating the country’s (incomplete) constitution. Israel’s Supreme Court became a check on the legislative branch in a country that lacks other checks and balances and separations of power.
As a result of these characteristics, the Supreme Court currently serves as one of the only checks on the extraordinary power of Israel’s 120-member Knesset — which is why shifting that balance of power would have such a dramatic impact on Israel’s democracy.
Levin’s proposed judicial overhaul includes several elements that would weaken the power and independence of Israel’s Supreme Court. The plan includes forbidding the Supreme Court from deliberating on and striking down basic laws themselves. It would require an unspecified “special majority” of the court to strike down legislation, raising the threshold from where it currently stands.
Levin has also called for altering the composition of the selection committee that appoints top judges to give the government, rather than legal professionals, a majority on the panel. It would allow cabinet ministers to appoint legal advisors to act on their behalf, rather than that of the justice ministry, canceling these advisors’ role as safeguards against government overreach. Should a minister enact a decision that contravenes a basic law, the ministry’s legal advisor would no longer report the violation to the attorney general, and would instead merely offer non-binding legal advice to the minister.
The pièce de résistance is, of course, the override clause that would allow the Knesset to reinstate laws struck down by the Supreme Court by 61 members of Knesset, a simple majority assuming all members are present. The sole restriction on this override would be a provision preventing the Knesset from re-legislating laws struck down unanimously, by all 15 judges, within the same Knesset term.
This plan’s obvious and most immediate result would be the effective annulment of the quasi-constitutional status of Israel’s basic laws. If the Knesset’s power to legislate is no longer bound by basic laws, these de facto constitutional amendments no longer have any teeth. There are no guardrails preventing any Knesset majority from doing as it wishes, including violating basic human rights. The Knesset could pass laws openly curtailing freedom of the press or gender equality, for example, should it choose to do so.
This counterrevolution, in effect, goes further than merely undoing what occurred in the 1990s.
Most crucially, the Knesset that would once again enjoy full parliamentary sovereignty in 2022 is not the Knesset of Israel’s first four decades. Shackling the Supreme Court is essential to the agendas of the new government’s various ultra-right and ultra-religious parties. For example, the haredi Orthodox parties are eager to re-legislate a blanket exemption to the military draft for their community, which the court struck down in 2017 on the grounds that it was discriminatory. They also have their sights on revoking recognition of non-Orthodox conversions for immigrants to Israel, undoing a court decision from 2021.
The far-right, Jewish supremacist parties of Bezalel Smotrich and Itamar Ben-Gvir, meanwhile, see an opportunity to deal a decisive blow to an institution that has long served as a check on the settlement movement. They hope to tie the court’s hands in the face of oncoming legislation to retroactively legalize settlements built on private Palestinian land, which are illegal under Israeli law. But this is only the beginning: Neutering the authority of the court could pave the way for legal discrimination against Israel’s Arab minority, such as Ben-Gvir’s proposal to deport minorities who show insufficient loyalty.
The timing of Levin’s announcement Wednesday could not be more germane. The Knesset recently amended the basic law to legalize the appointment of Aryeh Deri, the Shas party leader who is serving a suspended sentence for tax fraud, as a minister in the new government. The Supreme Court convened Thursday morning to hear petitions against his appointment from those arguing that it is “unreasonable” to rehabilitate Deri given his multiple criminal convictions, a view shared by Israel’s attorney general. Levin’s proposals would bar the court from using this “reasonability” standard.
The Israeli right has long chafed at the power of the Supreme Court, which it accuses of having a left-wing bias. But a judicial overhaul like this has never enjoyed the full support of the government, nor was Netanyahu previously in favor of it. Now, with a uniformly right-wing government and Netanyahu on trial for corruption, the prime minister’s foremost interest is appeasing his political partners and securing their support for future legislation to shield him from prosecution.
In a system where the majority rules, there need to be mechanisms in place to protect the rights of minorities — political, ethnic and religious. Liberal democracy requires respect for the rule of law and human rights. Yariv Levin’s proposals to fully subordinate the Supreme Court to the Knesset will concentrate virtually unchecked power in the hands of a few individuals — government ministers and party leaders within the coalition who effectively control what the Knesset does. That those individuals were elected in free and fair elections is no guarantee that the changes they make will be democratic.
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‘NAZA’ documentary draws sold-out crowd – and protests – at US premiere
(JTA) — Even a powerful Nor’easter couldn’t stop the crowds from showing up at the North American premiere of the controversial Israeli documentary “NAZA” on Saturday afternoon.
The two weekend screenings scheduled at Lincoln Center as part of the New York Film Festival sold out in minutes. Dozens of people waited in a box office standby line that stretched around the corner despite the blustery conditions, while at least one local politician scored a ticket: Brad Lander, the Jewish progressive and Democratic nominee for New York’s 10th Congressional District.
Meanwhile, two groups of Israeli-Americans showed up on Saturday with no intention of going inside the theater: one demonstrating in solidarity with the filmmakers, and a larger group across the street that denounced the film as they waved Israeli flags.
The documentary, which was produced by The Guardian and alleges that Israeli forces knowingly killed large numbers of civilians in Gaza, has received early acclaim, winning the Special Jury Prize at the Venice Film Festival earlier this month. It will be made available for free on The Guardian’s website later this fall.
John Kwiatkowski, senior manager of publicity and communications for Film at Lincoln Center, told the Jewish Telegraphic Agency that “NAZA sold out almost immediately.”
But “NAZA,” whose name is the Hebrew acronym for “collateral damage,” has also roiled a number of Israeli officials and the country’s military. The Israel Defense Forces issued a public rebuttal after the film’s reception in Venice, with the IDF chief of staff calling the film a “deliberate distortion of reality.”
The Israeli filmmakers, Yuval Abraham and Rachel Szor, have faced intense backlash at home. Israel’s culture minister threatened to strip them of their citizenship and protesters accused the duo of treason in a demonstration outside Szor’s parents’ home.
Roni Tamari, who organized the rally supporting the filmmakers on Saturday, called the Israeli reaction “out of proportion.”
David Lawson, a Jewish Queens resident who had purchased a ticket for the Saturday premiere, told JTA that he’d appreciated Abraham and Szor’s previous film, “No Other Land,” which focused on settler violence in the West Bank community of Masafer Yatta.
Minutes before the screening’s slated start time, Lawson said that he was “very excited” to see “NAZA,” not just for what it will say “about Israel, but also just about the alarming use of AI in warfare in general.”
Lawson said he likes “to hope that the tide is shifting on acceptance of Zionism in the United States,” and that support for “NAZA” was an example of that shift. He also said he was “expecting” to see protesters who disagreed with the film. “Pathetic,” another person in line chimed in, describing the demonstration.
They were referring to the protest organized by the Israeli-American Council, which drew dozens of critics of the film who believe it omits the context of Hamas’ Oct. 7, 2023, attack in its depiction of the IDF’s military campaign in Gaza. Speakers included IAC’s chief communities officer Noa Peri-Jensch and a pair of survivors of the Nova music festival that Hamas attacked.
A fleet of four black trucks circled the area with LED screens that displayed images of Hamas’ Oct. 7 attack along with various messages. “Movies have editors. History does not,” one message read. The trucks were commissioned by the IAC.
“We mourn every innocent life lost in this war, Israeli or Palestinian,” Peri-Jensch said during the rally. “But compassion for Palestinian civilians does not require [us] to erase Oct. 7, ignore Hamas or accept one narrative without questioning it.”
Peri-Jensch was not calling for the film’s screenings to be canceled, she said in an interview, but rather for them to be paired “with context” at festivals, like panels featuring Oct. 7 survivors.
Asked about Israeli officials’ threats toward the filmmakers and the demonstrators calling them traitors, Peri-Jensch said she “cannot comment on what people in Israel do, I can only comment here,” adding that viewers “deserve to know the full scope.”
Prime Minister Benjamin Netanyahu backed legislation last week that would strip the Israeli filmmakers of their citizenship, while the Israeli army has weighed taking legal action against them.
Protesters gathered outside Szor’s parents’ home multiple nights in a row last week calling on authorities to “expel the traitors.” One speaker called for Abraham and Szor to be executed while the crowd chanted, “Execute the traitors.” Participants in the right-wing protest included activists and campaign staff from National Security Minister Itamar Ben-Gvir’s far-right party, according to Haaretz.
On Saturday, Nova massacre survivor Rom El-Hai himself referred to the filmmakers as “traitors,” and said that there have been “liars” like Abraham and Szor within the Jewish community since the Bible and during the Holocaust.
In an interview following his remarks, El-Hai said it isn’t his job to say how exactly Abraham and Szor should be dealt with in Israeli society, but that they “should be punished” and that they cannot “live their life in Israel like nothing happened.”
“People need to understand there is a price for what they’re doing,” he said.
Near the standby line running along the sidewalk of Broadway, about a dozen demonstrators who are involved with the group Israelis for Peace held signs reading, “We stand by the countless victims in Gaza and Rachel & Yuval for speaking truth to power.”
Tamari, one of the organizers, said she felt it was “actually very disrespectful” for images of wounded and killed Oct. 7 victims to be shown in public.
Moshe Kayam, an Israeli-American who demonstrated in solidarity with the “NAZA” filmmakers on Saturday, said IAC’s rally was “doing a disservice” because the Oct. 7 attacks were indeed “horrendous,” but “did not justify the mass killing” of civilians in Gaza.
“We want the truth to come out,” Kayam said of the film. “We want everyone to see what really happened there, and the damage that it caused to Gaza, to Israel’s image and to us as Israelis.”
This article originally appeared on JTA.org.
The post ‘NAZA’ documentary draws sold-out crowd – and protests – at US premiere appeared first on The Forward.
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Ari Emanuel has written a memoir and no one is safe — not even his brother
Roll the Calls: A Memoir
By Ari Emanuel
Knopf, 432 pages, $35
It must be exhausting to be super-agent Ari Emanuel: rising before dawn for a workout regimen, ingesting live worms to consume bacteria, and then placing hundreds of daily phone calls to clients and network honchos. It is, frankly, exhausting just to read about it, notwithstanding the clever, staccato narrative by (uncredited) ghostwriter J.R. Moehringer.
The point of it all, Emanuel keeps insisting in Roll the Calls, is not the dollars.
“Money isn’t the thing that makes me get up at 4:00 a.m.,” he says. “I’m just not sure yet what that thing is.”
Perpetually on the precipice of bankruptcy, he takes bold entrepreneurial risks to survive in an industry wracked by labor discontent, cutthroat infighting and technological change.
The goal, if there is one, seems to be simply to win — to bend everyone around him to his will. And, for the most part, he does. From the mailroom, Emanuel has ascended to the summit: executive chair and CEO of TKO and executive chairman of WME Group, “two companies,” his biographical blurb says, “that sit at the center of sports, entertainment and culture.”
Emanuel is probably best known as the model for the abrasive Ari Gold, the talent agent played by Jeremy Piven in the HBO show Entourage (2004-11). The show’s protagonist, Vincent Chase, is loosely based on one of Emanuel’s clients, the actor Mark Wahlberg. Emanuel says that he could never bear to watch the series, but notes that it helped turbocharge his career.
In his telling, the entertainment-industrial complex is a transactional, amoral, brutish and (though Emanuel doesn’t use this phrase) testosterone-fueled world, where the key players are nearly all men. It seems impossible to imagine any woman getting away with — let alone prospering from — the unhinged, profanity-laced approach that has become Emanuel’s trademark.
Even in this milieu, there are, in his view, particularly loathsome players. Among them is Harvey “Scissorhands” Weinstein, whom Emanuel indicts for his slovenliness, bullying tactics and editorial interference. Even without a mention of the producer’s alleged track record of sexual harassment and assault, Emanuel’s assessment of Weinstein is withering. “Empty at his core,” Emanuel writes, “Harvey’s sole motivation is to thwart and mess with other people.”
Emanuel expresses contempt, too, for other bold-faced names, including Jeffrey Katzenberg, former chair of Walt Disney Studios and cofounder of the film studio DreamWorks, and Hollywood scribe Nikki Finke, with whom Emanuel had a codependent relationship. He takes on Donald Trump as a client, doesn’t vote for him for president, and drops him, without regret, when he wins and can no longer generate commissions. None of this necessarily makes Emanuel a reliable narrator.
The memoir begins with the word “rage,” which Emanuel observes is also the first word of Homer’s Iliad. The allusion sets Roll the Calls up to be similarly epic. But its angry protagonist is, at best, an antihero, and the stakes of his success surely are less than mythic.

What are the origins of Emanuel’s rage? He points to his lifelong struggles with dyslexia and the bullying and humiliation that resulted. The Emanuel family ethos was unsparingly competitive. In life, he learned, “loser gets fed to lions,” so “keep your fists clenched and your head on a swivel.” And roughhousing with his older brothers, whom he jokingly calls “two violent psychopaths,” may have left Ari bruised and resentful.
Both Ezekiel “Zeke” Emanuel, a prominent oncologist and bioethicist, and former Chicago mayor and prospective 2028 Democratic presidential candidate Rahm Emanuel are known for their combative personalities. Ari suggests that the family is tight-knit and loving. But one of the book’s quietly shocking reveals is Rahm’s mockery of his brother’s dyslexia when they share a stage during Chicago Ideas Week.
Emanuel argues that his anger, which can turn threatening, provides a bargaining advantage by intimidating adversaries. He cites a study showing “that angry negotiators had the edge.” In a bar, he calls out Michael Moore as an [expletive deleted] antisemite for views the director expressed about Israel; Moore denies the charge, they keep talking and Emanuel ends up with a new client.
“You’ve got to be a little psychotic in this town,” Emanuel argues. To succeed, “you need to show that you can color outside the lines, and that, once in a while, you might eat the [expletive deleted] crayon.” The memoir doesn’t delete the expletives.
Yet Emanuel understands the personal costs of his anger enough to have devoted years to psychotherapy aimed at moderating it. (The results seem mixed at best.) Emanuel also admits to a habit akin to stalking: calling potential clients, business partners and others constantly until they succumb to his sales pitch.
This incessant hounding landed him the mailroom gig at Creative Artists Agency, from which he quickly rose — until he departed, with allies, to start his own company. Similar persistence won him the business (and, later, friendship) of the famously curmudgeonly Larry David, who said, over lunch, that he would sign with Emanuel — if only the agent would stop calling.
After his first marriage (unsurprisingly) dissolved, Emanuel deployed his telephone tactics in courtship — not a method, one imagines, that would have worked for a lesser man. In Emanuel’s case, relentless pursuit led, after some drama and heartbreak, to his second marriage, to a much younger woman who had initially resisted his overtures.
None of this is to say that Roll the Calls isn’t worth a read, especially for anyone interested in an unabashedly jaundiced insider account of how Hollywood operates. The book is quick-paced, laugh-out-loud funny at times, and filled with acidic observations and gossip. It is also horrifying.
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NY Jewish Democrats defend Mamdani after Netanyahu calls him a Hamas supporter
(JTA) — Some top New York Jewish Democrats are defending New York City Mayor Zohran Mamdani after Israeli Prime Minister Benjamin Netanyahu called him an “antisemite” and said he is “buddies” with Hamas.
Netanyahu’s speech at the United Nations General Assembly on Thursday, and the outsized role Mamdani played in it, were the culmination of escalating criticism of Mamdani from Israeli officials in recent weeks.
Mamdani is an avowed anti-Zionist who during his campaign to be the mayor had pledged to arrest Netanyahu. Over the summer, he conceded he didn’t have the power to do so, though he criticized the Israeli government over Gaza in the run-up to the prime minister’s visit.
But while his full-throated criticism of Israel has alarmed some local Jewish officials, many felt that Netanyahu’s attacks on Thursday from the U.N. plenum went too far.
“It’s scurrilous to suggest that the mayor voices support for Hamas,” Manhattan Borough President Brad Hoylman-Sigal, who is Jewish, said Friday in an interview with the Jewish Telegraphic Agency.
City Council Speaker Julie Menin, also a Jewish Democrat, has opposed Mamdani on some legislation related to protests outside houses of worship — a sensitive issue in the wake of protesters picketing outside synagogues that were holding Israeli real estate events. Menin said in a press conference on Thursday that Netanyahu’s remarks were “not helpful at all” because “we need to turn the temperature down.”
“This idea of what the prime minister said can really incite violence. We cannot have this,” Menin said.
Mamdani, an outspoken pro-Palestinian advocate, has condemned Hamas as “a terrorist organization” and has denounced antisemitic hate crimes committed in New York.
The mayor responded with a statement of his own, saying that Netanyahu “used his speech to repeat baseless lies meant to sanitize his genocide of Palestinians.”
“Yet no lie can change the fact that he remains the subject of an International Criminal Court arrest warrant alleging war crimes and crimes against humanity,” Mamdani said. The United States is not a party to the ICC and has no obligation to carry out its warrants on U.S. soil.
Netanyahu’s remarks at the U.N. General Assembly came amid a reelection campaign in which Netanyahu’s Likud Party has made Mamdani a villain. Hoylman-Sigal called Thursday’s speech a “political ploy” and a “deflection by someone who has a lot of domestic turmoil, political and otherwise.”
“Clearly, Netanyahu is fighting for his political life,” said Hoylman-Sigal, who is Jewish.
Netanyahu’s arrival in New York sparked a wave of demonstrations in Manhattan on Thursday, including multiple organized by Israeli expatriate groups who emphasized the Oct. 27 Israeli election date. Rallygoers chanted “Vote him out!” at a protest held by the Israeli anti-Netanyahu group UnXeptable.
Even before his visit, Gov. Kathy Hochul pushed back on comments Netanyahu had made. Calling Mamdani a “supporter of the Hamas monsters” was false and “hurt his own credibility,” Hochul said in an interview with the radio station WNYC earlier this week.
Morton Klein, president of the Zionist Organization of America, which is supportive of Netanyahu and has been harshly critical of Mamdani, called Netanyahu’s remarks “Churchillian” and his “greatest speech.”
“Importantly, he also called out Mamdani as a dangerous antisemite who has endangered Jews in New York City,” Klein said in a statement.
The U.N. speech came as Israeli officials have escalated their rhetoric against Mamdani.
Last month, Ofir Akunis, the Israeli consul general in New York, compared Mamdani’s support for the boycott Israel movement to Nazi Germany. A Mamdani spokesperson told JTA the comparison was “offensive, completely unhinged and detached from reality,” and said Akunis “should be ashamed of himself.”
The statement was Mamdani’s first time weighing in on the Israeli consul general, who had accused Mamdani of being directly responsible for anti-Jewish hate crimes in the city.
Republican City Council member Inna Vernikov, who is Jewish and a staunch Mamdani critic, took issue with the mayor’s response.
“When Mamdani cleans his own house, then he can criticize Jewish leaders,” said Vernikov, pointing to Mamdani’s wife’s anti-Israel views and his vetoing of a bill on protests around schools.
Brad Lander, the Jewish progressive and Democratic nominee for New York’s 10th congressional district, blasted both Akunis’ and Netanyahu’s attacks on Mamdani.
“Netanyahu and Akunis are cynically weaponizing accusations of antisemitism for their own narrow, selfish political purposes,” said Lander, one of Mamdani’s most prominent Jewish allies, in a statement to JTA. “They are making Israelis, American Jews, Palestinians, and the whole world less safe.”
Lander himself was the recipient of a Nazi Germany comparison when Bruce Blakeman, the Republican candidate for New York governor, said that Lander “would be a camp guard in the concentration camp if he could.”
Hoylman-Sigal called the comparisons “outrageous,” and said that he is more worried about a rise in far-right parties, including Germany’s AfD.
“We should be very careful, no matter what our background is, to draw such extreme comparisons,” he said.
Phylisa Wisdom, who heads Mamdani’s office to combat antisemitism, told JTA that it is “appalling that some leaders have resorted to comparing their political opponents to Nazis.”
“We can and should disagree — sometimes deeply — but we must be able to do so without debasing public discourse,” she said.
Amy Spitalnick, the CEO of the Jewish Council for Public Affairs, a group that leads outreach to non-Jewish community organizations, told JTA in an email that comparisons to Nazis should be out of bounds.
It is “particularly concerning given that our own community frequently, and rightfully, calls out those using dehumanization and/or making inappropriate Holocaust comparisons,” she said.
As a case in point, Spitalnick pointed to the Anti-Defamation League’s article on inappropriate Holocaust comparisons, which includes COVID-19 vaccine requirements and free speech complaints.
The ADL did not return a request for comment on Akunis’ Nazi Germany comparisons.
“Disagree with the Mayor on his policies or rhetoric — I certainly have — but comparisons like this are deeply offensive and wrong, in addition to undermining the very relationships and engagement necessary to ensuring Jewish safety in New York and beyond,” Spitalnick said.
This article originally appeared on JTA.org.
The post NY Jewish Democrats defend Mamdani after Netanyahu calls him a Hamas supporter appeared first on The Forward.

