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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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London Police Set Up Specialist Jewish Protection Team
A police officer stands at the scene, after a man was arrested following a stabbing incident in the Golders Green area, which is home to a large Jewish population, in London, Britain, April 29, 2026. Photo: REUTERS/Hannah McKay
British police are setting up a new team of 100 officers including counter terrorism specialists to help protect Jewish communities across London after a series of antisemitic attacks including the stabbing of two men.
The plan announced on Wednesday for a dedicated protection team comes as officers announced more arrests for antisemitism, including detaining a 35-year-old man on Saturday after rocks were thrown at an ambulance belonging to the Jewish community.
London‘s top police boss Mark Rowley said Jewish communities were facing “sustained threats” from hostile state actors as well as extreme right-wing groups, elements of the extreme left, and Islamist terrorists.
Detectives are examining whether the arson incidents have possible Iranian links, after British security officials warned that Iran was using criminal proxies to carry out hostile activity.
Since late March, there have been a number of high-profile arson attacks with four Jewish ambulances burned and synagogues targeted. Last week, two Jewish men were also stabbed. Both victims survived the attack.
Over the past four weeks, police said they had arrested around 50 people for antisemitic hate crimes and charged eight individuals. On top of that, 28 arrests have been made as part of investigations alongside counter terrorism policing for arson and other serious incidents.
“This new team will be primarily focused on protecting the Jewish community, which faces some of the highest levels of hate crime alongside significant terrorist and hostile state threats,” said a statement from London‘s Metropolitan Police force.
British Prime Minister Keir Starmer convened a meeting on Monday with business, health and cultural leaders aimed at trying to tackle antisemitism.
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Iran Reviewing US Proposal to End War, Though Key Demands Remain Unaddressed
People walk on a street near a mural featuring an image of the late Supreme Leader of Iran, Ayatollah Ali Khamenei, in Tehran, Iran, May 6, 2026. Photo: Majid Asgaripour/WANA (West Asia News Agency) via REUTERS
Iran said on Wednesday it was reviewing a US peace proposal that sources said would formally end the war while leaving unresolved the key US demands that Iran suspend its nuclear program and reopen the Strait of Hormuz.
An Iranian foreign ministry spokesperson cited by Iran‘s ISNA news agency said Tehran would convey its response. US President Donald Trump said he believed Iran wanted an agreement.
“They want to make a deal. We’ve had very good talks over the last 24 hours, and it’s very possible that we’ll make a deal,” Trump told reporters in the Oval Office on Wednesday.
Earlier in the day, Trump had sounded more pessimistic about the chances of a deal. In a Truth Social post, he threatened to restart the US bombing campaign in Iran, calling the possibility of Tehran agreeing to the latest US proposal a “big assumption.”
Trump has repeatedly played up the prospect of an agreement that would end the war that started Feb. 28, so far without success. The two sides remain at odds over a variety of difficult issues, such as Iran‘s nuclear ambitions and its control of the Strait of Hormuz, which before the war handled one-fifth of the world’s oil and gas supply.
A Pakistani source and another source briefed on the mediation said an agreement was close on a one-page memorandum that would formally end the conflict. That would kick off discussions to unblock shipping through the strait, lift US sanctions on Iran, and set curbs on Iran‘s nuclear program, the sources said.
It was unclear how the memorandum differs from a 14-point plan proposed by Iran last week, and Iran has yet to respond to the latest US proposal.
Iran‘s semi-official Tasnim news agency, citing an unnamed source, said the US proposal contained some unacceptable provisions, without specifying which ones.
Iranian lawmaker Ebrahim Rezaei, a spokesperson for parliament’s powerful foreign policy and national security committee, described the text as “more of an American wish-list than a reality.”
“The Americans will not gain anything in a war they are losing that they have not gained in face-to-face negotiations,” he wrote on social media.
OIL PRICES TUMBLE
Reports of a possible agreement caused global oil prices to tumble to two-week lows, with benchmark Brent crude futures falling around 11% to around $98 a barrel at one point before rising back above the $100 mark.
Global share prices also leapt and bond yields fell on optimism about an end to a war that has disrupted energy supplies.
Trump on Tuesday paused a two-day-old naval mission to reopen the blockaded strait, citing progress in peace talks.
The US military has kept up its own blockade on Iranian ships in the region. US Central Command said forces fired at an unladen Iranian-flagged tanker on Wednesday, disabling the vessel as it attempted to sail toward an Iranian port in violation of the blockade.
NO MENTION OF KEY US DEMANDS
The source briefed on the mediation said the US negotiations were being led by Trump’s envoy Steve Witkoff and son-in-law Jared Kushner. If both sides agreed on the preliminary deal, that would start the clock on 30 days of detailed negotiations to reach a full agreement.
The full agreement would end the competing US and Iranian blockades on the strait, lift US sanctions, and release frozen Iranian funds. It would also include some curbs on Iran‘s nuclear program, with the aim of a pause or moratorium on Iranian enrichment of uranium.
While the sources said the memorandum would not initially require concessions from either side, they did not mention several key demands Washington has made in the past, which Iran has rejected, such as curbs on Iran‘s missile program and an end to its support for proxy militias in the Middle East.
The sources also made no mention of Iran‘s existing stockpile of more than 400 kg (900 pounds) of near-weapons-grade uranium.
Israeli Prime Minister Benjamin Netanyahu, Trump’s ally against Iran, said on Wednesday the two leaders agreed that all enriched uranium must be removed from Iran to prevent it from developing a nuclear bomb.
Tehran denies wanting to acquire a nuclear weapon.
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Musée d’Orsay Opens Permanent Exhibition Space Dedicated to Nazi-Looted Artwork
Inside the Musée d’Orsay. Photo: ZUMA Press Wire via Reuters Connect
The Musée d’Orsay in France opened a new permanent exhibition room on Tuesday dedicated to works of art that were owned by Jews and looted by the Nazis across Europe during World War II before being returned to France after the war.
The new gallery room is titled “To whom do these works belong?” and will feature rotating installations of works of art recovered after World War II also known as Musées Nationaux Récupération (National Museums Recovery) pieces. Provenance investigators and researchers are still working to identify the original owners of these MNR artworks.
“Over time, the room is intended to evolve to present to the public the discoveries resulting from this research, some of which could allow new restitutions,” said the museum. “It thus constitutes a space of memory, transparency and active research, at the heart of contemporary issues related to the history of the collections.”
Now on display in the exhibition is 13 works, including the 1879 painting “Dinner at the Ball” by Edgar Degas, according to The Times. The painting was previously owned by Fernand Ochsé, a Jewish merchant and art collector living in France who was murdered in the Auschwitz concentration camp during the Holocaust along with his wife. The painting was among thousands of artworks stolen by the Nazis or forcibly sold to Nazi occupiers in France. Also on display in the exhibit is Pierre-Auguste Renoir’s portrait “Madame Alphonse Daudet” from 1876.
The new gallery room and research done by provenance investigators is being funded with support from the nonprofit organization American Friends of Musées d’Orsay et de l’Orangerie (AFMO). According to the organization, 60,000 artworks looted by the Nazis during World War II around Europe were returned to France by 1950 and 224 of those recovered artworks are housed at the museum and in need of further provenance research to find their original owners. Fifteen MNRs kept at the Musée d’Orsay have already been returned to its rightful owners.
Over the next few years, AFMO will fund a team of art historians and researchers, led by provenance expert Dr. Ines Rotermund-Reynard, and they will focus on finding the owners of the 224 recovered artworks in the Musée d’Orsay’s collections, but also approximately 200 additional pieces acquired by the museum after 1933.