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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.
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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.
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‘Nobody Wants This’ star Adam Brody on Gaza: ‘Put me down as thinking it’s a genocide’
Adam Brody, the Jewish actor who plays a “hot rabbi” on the hit Netflix rom-com Nobody Wants This, called the war in Gaza a genocide in a new interview, making him one of just a few Jewish celebrities to speak out publicly against the Israeli campaign.
The comments came in an interview with GQ about Brody’s efforts canvassing for Democratic candidates in the upcoming midterms.
“Put me down as thinking it’s a genocide. Put me down as wanting a free Palestine,” he said. “It’s awful that it’s taken so much death and misery, but it does feel like it’s reaching a breaking point that it should have a while ago. I’m hopeful that another administration can really do some good and correct some of these policies that are helping that situation be as awful as it is.”
The claim of genocide in Gaza is heavily disputed. Several international bodies, human rights organizations and academic institutions have concluded Israel’s actions in Gaza since Oct. 7 fit the description, including a United Nations Commission of Inquiry. Other similar groups, like the International Court of Justice, have not applied the term.
Brody’s comments were surprising in part because he had previously kept his feelings about the war private, even as other leading Hollywood figures openly criticized it. He does not maintain a public social media presence, and he did not participate in pin-wearing campaigns or sign various petitions related to the war — an approach he indicated he might change going forward.
“I’m not wearing a pin, so I’m not inviting a certain question, and perhaps I should,” he said. “I really admire people who do. But 99% of what I’m asked about is about the show. I’m not trying to plead ignorance—here we are doing a political interview, so it makes sense that we wade into this territory—but I’ve never ducked a question, really, not a political question anyway.”
Brody — who came to fame in the 2000s as the teenager Seth Cohen on The O.C. — joins Hacks star Hannah Einbinder and Wallace Shawn (The Princess Bride) as perhaps the most high-profile Jewish actors to publicly call the war a genocide. Other Jewish entertainment figures, like Mandy Patinkin and The Zone of Interest director Jonathan Glazer, have criticized the war but stopped short of calling it a genocide.
Yet Brody’s comments are perhaps especially notable because of the character he plays on TV. In Nobody Wants This, Brody plays a rabbi dating a non-Jewish woman — introducing her to the beauty and foibles of Jewish faith and culture. Israel has been conspicuously absent from the show, with its creator, Erin Foster, saying she deliberately avoided geopolitics.
Season 3 of Nobody Wants This releases to Netflix October 22.
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