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During WWII, a heroic Jewish lawyer warned against the dangers of a dual state — is it coming true in Trump’s America?
For five years after Adolf Hitler came to power, attorney Ernst Fraenkel did something almost unimaginable: He stood in German courtrooms defending anti-Nazi dissidents and trade unionists — and sometimes even won. Even more remarkable, Fraenkel was Jewish. The Nazis tolerated him only because he had served in the German army during World War I, a temporary shield he knew would not last. In 1938, after learning from a sympathetic official that he was on a Gestapo arrest list, he fled to the United States.
Three years later, Fraenkel published a book: The Dual State: A Contribution to the Theory of Dictatorship. Many assume that Nazi rule instantly swept aside all “normal” legal standards. Fraenkel showed otherwise. In the early years of the Third Reich, he wrote, Germany lived under two systems at once — a functioning legal order and a parallel, lawless realm of political power.
Lately, a number of legal scholars have been warning that the American legal system under Trump shows troubling similarities to the “dual state” Fraenkel described. They point to federal agents using lethal force against protesters, arrests and detentions of immigrants based on appearance or perceived foreignness, the exclusion of state and local law enforcement from federal investigations, and the use of the Justice Department to pursue Trump’s perceived enemies.
Trump’s massive air assault on Iran has brought more accusations that he has put himself above the law. Rep. Thomas Massie, a Kentucky Republican, called the strikes “acts of war unauthorized by Congress.”
America in 2026 is not Nazi Germany. But Fraenkel’s observations confront us with a question for our times: Can a democracy like ours drift toward a dual system of its own — one legal, one ruled by authoritarian prerogative — without fully realizing it?
A young German Jew, wounded in World War I, returns from fighting for the Kaiser, earns his law degree, becomes a rising figure in the anti-Nazi Social Democratic Party, defends trade unionists as counsel for a metalworkers union, continues representing dissidents after Hitler’s rise, and escapes with his life as the Nazis purge Jewish lawyers and Germany marches toward the Holocaust. It sounds like the outline of an epic film. But it was Ernst Fraenkel’s life.
It is striking that Fraenkel has not been recognized more widely for the hero he was. And it has taken his 1941 book on the legal structures of Nazi Germany — combined with Trump’s assaults on American democracy — for Fraenkel to receive the broader attention he deserves.
“When I first read about him, I thought it was astounding: Here was a Jewish Social Democratic lawyer representing political defendants effectively,” while at the same time anonymously writing anti-Hitler pamphlets, said Douglas G. Morris, a retired criminal defense lawyer for indigent clients and author of Legal Sabotage: Ernst Fraenkel in Hitler’s Germany.
After Hitler came to power, he quickly moved to purge the civil service of employees deemed disloyal or who were Jewish, including attorneys. But the Nazis granted exemptions for Jewish civil servants who had served in World War I — the Frontkämpferprivileg. Fraenkel hadn’t just served; he had been severely injured.
Even as the Nazis rounded up political opponents and sent them to early concentration camps like Dachau, pockets of resistance remained. As a Social Democrat and attorney, Fraenkel had contacts with dissidents and took many on as clients.
He understood something essential about the new regime: To protect his clients — and himself — he had to avoid provoking the Nazis or drawing the attention of the Gestapo. So he presented cases as if the normal legal system still existed — and in some ways it did. This required discipline, given his opposition to the regime. But the strategy worked. If he couldn’t win an acquittal, he could sometimes secure a light prison sentence.
At the same time, Fraenkel was secretly writing pamphlets for the anti-Nazi resistance. He wrote five in total, Morris told me in an interview, including “The Point of Illegal Work,” which argued that Germans should resist the regime through various means. He was also quietly drafting the manuscript that became The Dual State.
Fraenkel knew about the torture and punishments used in the camps. But as brutal as the Nazis were toward their enemies, the regime initially did not view attorneys — Jewish or otherwise — as a significant threat, according to Morris. That blind spot allowed Fraenkel not only to write anti-Nazi pamphlets but also to serve as a conduit for dissidents to exchange information.
From his courtroom experience, Fraenkel observed how the Nazis handled the pre-1933 legal system. They did not abolish it outright. Instead, they created a parallel system to dish out especially harsh punishments to those deemed in violation of the regime’s political edicts. Fraenkel called the pre-Nazi system the “normative state,” and the Nazi-controlled system the “prerogative state.” Thus, a dual state. The two systems were never equal, Morris notes: “The prerogative state — exercising its arbitrary power through intimidation and violence — always maintained control.”
On Sept. 20, 1938, Fraenkel received a warning that he was about to be arrested. He fled Germany, traveling to London, then New York, and finally Chicago. A French diplomat had smuggled his manuscript out of Germany. After arriving in the U.S., Fraenkel earned a law degree from the University of Chicago and published The Dual State. He returned to Germany in 1951, became a professor at the Freie Universität Berlin, and died in 1975.
A growing number of legal analysts argue that the United States is developing its own version of a dual state — one that persecutes, demonizes or sidelines those who oppose MAGA ideology or threaten the fantasies of white-superiority advocates.
On his first day in office, Trump issued a mass pardon to some 1,500 insurrectionists who had stormed the Capitol on Jan. 6, 2021 to try to keep Trump in power despite his election loss. During the following months Trump granted clemency to 100 more convicted criminals, who included prominent business figures, high-profile MAGA supporters, and allies connected to Trump’s political and fundraising networks.
Masked and dressed for combat, ICE and CBP now act like the muscle for a parallel legal state — imprisoning foreigners whose only offense is entering the country illegally, dragging people from their homes in front of their children, and assaulting citizens who try to shield immigrants from unjustified arrest, killing two so far. The administration’s arbitrary decree that immigration agents no longer need judge-signed warrants to force their way into homes is another expression of what Fraenkel called the prerogative state.
Trump’s perceived and real political foes are being swept into a legal system built for his benefit, targeted by a Justice Department that now functions as an instrument of presidential power. In Trump’s America, Democrats, non-MAGA members of the press, and anyone who disagrees with him are denounced as mortal threats to the nation. Administration officials deemed insufficiently loyal are purged from their jobs.
This parallel system is colliding with legal traditions dating to the country’s founding, and courts have so far slowed the slide into full autocracy with rulings blocking Trump’s most aggressive edicts. Trump responds by attacking the judges who rule against him.
The Supreme Court dealt a significant blow to Trump’s parallel legal system when it struck down his tariffs. But this is the same court that nearly two years ago granted presidents broad immunity from criminal prosecution for official acts.
Fraenkel showed how a democracy can lose its bearings long before it loses its laws. As the United States nears its 250th year, the question is no longer whether a dual state can take root here. It is whether we will recognize it in time.
The post During WWII, a heroic Jewish lawyer warned against the dangers of a dual state — is it coming true in Trump’s America? appeared first on The Forward.
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Dan Bilzerian wants to ‘kill Israelis’ and thinks Judaism is ‘terrible.’ Now he’s running for Congress.
(JTA) — Dan Bilzerian, the mega-influencer who’s spread conspiracy theories about Jews and said he wants to “kill Israelis,” is running for Congress.
Bilzerian registered this week to run in the Republican primary against the Jewish far-right firebrand Rep. Randy Fine in Florida’s sixth district. Bilzerian initially gained fame for his Instagram photos alongside bikini-clad women but has since become a vocal critic of Israel and Jews — and has repeatedly called Fine a “fat Jew” in the lead-up to his campaign launch.
In a TMZ interview after Bilzerian announced his candidacy, the outlet’s Jewish founder, Harvey Levin, questioned the influencer on whether his use of the phrase “fat Jew” was antisemitic.
“[Fine] literally talks about how Muslims are lower than dogs, so, is that Islamophobic?” Bilzerian shot back. Fine drew bipartisan criticism for his comments earlier this year.
“Yes,” TMZ’s Levin and Charles Latibeaudiere responded. (Bilzerian added that Fine “tweets that, and he’s a senator,” though Fine is actually a member of the U.S. House of Representatives who was formerly a state senator.)
Bilzerian responded to a follow-up question by denying that he’s antisemitic — and questioning the term “antisemitism” altogether, saying it’s been “hijacked to only talk about Jews.”
“No, I’m not antisemitic. I think that that’s kind of a made-up term, I think the Palestinians are the real Semites,” Bilzerian said.
“Was Hitler antisemitic?” Levin asked.
Bilzerian did not say.
“Like I said, the term is focused solely on Jews, but actual Semites are the Arabs,” he answered. “And Palestinians are Semites as well. They actually have more DNA lineage to that region than any of the Eastern European Ashkenazi Jews that have taken it from them.”
The comments were nothing new for Bilzerian, who has 30 million followers on Instagram and 2 million on X. He regularly tweets opinions like “Jewish supremacy is the greatest threat to the world today,” questions the accuracy of the statistic that 6 million Jews died in the Holocaust, and reposts clips of avowed antisemite Nick Fuentes.
But now, Bilzerian’s foray into electoral politics could serve as a test of the popularity of an emerging, anti-Israel faction within the Republican party headlined by figures like Tucker Carlson and Fuentes, who’ve espoused conspiracy theories about Jews.
Those figures’ opposition to the war in Iran have sped up their dissent from President Donald Trump. During the TMZ interview, Bilzerian said Fine should be tried for treason for putting “Israel before America,” and also criticized Trump for being “Israel first.” He has tweeted that Trump “needs to be impeached.”
(Ironically, Fine introduced a bill that would ban dual citizens from serving in Congress, and Bilzerian is a dual American-Armenian citizen.)
Bilzerian is not the only anti-Israel Republican challenger to Fine, a staunch Israel supporter who’s been backed by AIPAC and the Republican Jewish Coalition.
“I appreciate @DanBilzerian‘s zeal to take @RepFine out of Congress. I’ve been working tirelessly for one year on the same goal,” wrote Aaron Baker, who’s been endorsed by the Anti-Zionist America PAC. “I would however also appreciate if Dan ran for FL-16 much closer to where he grew up. Make @AIPAC spend $ defending more seats. Divide and conquer.” FL-16’s current representative, Vern Buchanan, was endorsed by AIPAC in 2024.
But Bilzerian, with his 29.6 million followers on Instagram and 2.1 million on X, brings a larger national audience to the congressional primary.
“I’d never heard of this guy before, until a couple of days ago, but having watched your interview, it’s clear that he simply doesn’t like Jews. In America you’re allowed to do that,” Fine said on a TMZ appearance following Bilzerian’s. But, he continued, “I don’t think it’s going to work out to become a congressman, having that perspective.”
Bilzerian gained many of his followers when he was the “king of Instagram,” posting photos of himself surrounded by scantily clad women, sports cars and with large guns. In June 2015, Bilzerian said he would be running for president, though by December he’d gotten behind the candidacy of Trump.
Before that, he’d served four years in the U.S. Navy starting in 1999, and dropped out of the University of Florida to play professional poker. His father, Paul Bilzerian, is a businessman who, as a corporate takeover specialist, was sentenced to four years in prison for federal crimes including fraud and criminal conspiracy.
In the months after Hamas’ Oct. 7 attack and the ensuing war in Gaza, Bilzerian’s social media presence began taking its current shape of focusing predominantly on Israel and, eventually, Jews.
“Do you think the Israeli attacks on Gaza are justified or f–ked up?” Bilzerian asked his followers on Nov. 6, 2023. By 2024, the occasional surveys he took of his followers became pointedly focused on Jews.
“Who causes the majority of the worlds problems,” he asked, with users overwhelmingly voting for the multiple-choice option “16 million Jews.”
In January 2025, Bilzerian asked his followers whether Hitler was a “good person,” a “terrible person,” or if they didn’t know. A third of the 178,000 voters said Hitler was a “good person,” and another 23% said they didn’t know.
Bilzerian laid out his views on Jewish people in a 2024 interview with conservative commentator Patrick Bet-David, during which he said Jews “knew about 9/11” and “had JFK assassinated.”
Later that year, conservative media personality Piers Morgan asked Bilzerian how many Jews he believed died in the Holocaust.
“I don’t know, but I would bet my entire net worth that it was under 6 million,” Bilzerian said.
According to FEC filings, Bilzerian’s campaign treasurer is Patrick Krason. Krason was also the treasurer for the short-lived presidential campaign of Ye, formerly known as Kanye West, another public figure who’s spread conspiracy theories about Jews.
Bilzerian has promoted the “Great Replacement” conspiracy theory, claiming that Jews control the media and are using that position to push an “anti-white agenda” and replace whites with non-white immigrants.
“It started with the jewish owned news stations telling us ‘white supremacy is the greatest threat to America,’” Bilzerian wrote last year. “Whites were replaced in movies & streaming networks. Then the Jewish exec run Blackrock forced DEI on all major corps.”
Bilzerian often cites passages from the Talmud to make claims about Jewish beliefs, such as that Jews approve of stealing and raping as long as the crimes are committed against non-Jews. Other figures like Candace Owens have similarly taken passages from the Talmud, but rabbis have criticized those figures for using quotes that are mistranslated and often taken out of context from the text, which includes centuries of rabbinic debates and is not a formal code of laws.
During a stream with the influencer Sneako, who has also spread antisemitic conspiracy theories, Bilzerian said he supports “exterminating Israel” and that he “would sign up tomorrow and go f—king put boots on the ground and go f—king kill Israelis.”
“Give me a rifle and send me the f–k over there,” he said, adding, “I truly believe that the majority of that country is evil.”
On Morgan’s show, Bilzerian said Judaism innately promotes “Jewish supremacy,” and pointed to the State of Israel as being the result of that ideology.
“Israel is a manifestation of that religion,” he said. “And I think that religion is terrible.”
This article originally appeared on JTA.org.
The post Dan Bilzerian wants to ‘kill Israelis’ and thinks Judaism is ‘terrible.’ Now he’s running for Congress. appeared first on The Forward.
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After AIPAC-backed primary loss, Tom Malinowski endorses rival who says Israel committed genocide
(JTA) — After Tom Malinowski narrowly lost a primary in which AIPAC spent $2.3 million against him, critics said AIPAC’s plan backfired as it had inadvertently boosted a candidate farther from its pro-Israel agenda.
Now, Malinowski has thrown his support behind that victor, the Bernie Sanders-backed progressive Analilia Mejia.
“A couple of months ago, Analilia and I were rivals for the Democratic nomination,” Malinowski said in a video posted on Thursday afternoon. “Together, we are here united as Democrats in common cause.”
The video, which featured a friendly Malinowski and Mejia seated next to each other, was released ahead of her special election next week, and emphasized the need for Democrats to “take back the House.” Neither politician mentioned Israel or AIPAC in the video, though both politicians slammed the lobbying group following their tight primary race.
After Mejia’s victory back in February, AIPAC brushed off criticism that its attack ads against Malinowski — who describes himself as “pro-Israel” but crossed the group’s red line of supporting conditions on military aid — inadvertently contributed to Mejia’s win. Mejia has been harsher in her criticism of Israel and, unlike Malinowski, refers to its war in Gaza as a “genocide.”
But Mejia, an AIPAC spokesperson said, was only nominated for a special election that would fill the seat vacated by Gov. Mikie Sherrill through the end of 2026.
“The real race for the full congressional term is in the June primary, and we’re going to take a close look at that,” said Patrick Dorton, spokesperson for AIPAC’s super PAC, the United Democracy Project.
But if AIPAC had its sights set on supplanting Mejia come June, those plans may have been complicated by her newfound support from Malinowski, a popular politician in New Jersey’s 11th Congressional District.
Meanwhile, on Friday morning, Mejia was endorsed by J Street, the liberal pro-Israel group that supports a growing number of candidates who back conditions on military aid to Israel. J Street’s president, Jeremy Ben-Ami, blasted AIPAC in a Substack column following the February primary. He also wrote positively about Malinowski, but did not mention Mejia in the column.
“I look forward to working in partnership in our shared commitment against antisemitism, bigotry and hate,” Mejia wrote, accepting J Street’s endorsement.
On Tuesday, Mejia appeared at Temple Ner Tamid, a Reform synagogue in Bloomfield, New Jersey, for a conversation with its rabbi about issues of Jewish concern including Israel and synagogue security. (Joe Hathaway, the Republican nominee, joined the congregation for a conversation the night before.)
“I’m running for congress to give every person in NJ-11 a voice – that’s why I’m committed to listening to folks from every corner of our community,” Mejia wrote after the event.
This article originally appeared on JTA.org.
The post After AIPAC-backed primary loss, Tom Malinowski endorses rival who says Israel committed genocide appeared first on The Forward.
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US Intelligence Indicates China Preparing Weapons Shipment to Iran
The Pentagon building is seen in Arlington, Virginia, U.S. October 9, 2020. Photo: REUTERS/Carlos Barria
US intelligence indicates China is preparing to deliver new air defense systems to Iran within the next few weeks, CNN reported late on Friday, citing three people familiar with recent intelligence assessments.
The network said there are indications that Beijing is working to route the shipments through third countries to mask their origin.
The US State Department, the White House, the Chinese embassy in Washington and China’s foreign ministry did not immediately respond to Reuters requests for comment.
Beijing is preparing to transfer shoulder-fired anti-air missile systems known as MANPADs, CNN said, citing sources it did not name.
The US and Iran are set to hold high-level negotiations on Saturday in Pakistan’s capital Islamabad, seeking ways to end their six-week-old war.