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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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Metropolitan Police investigating abuse of Jewish attendees at London Pride
(JTA) — London’s Metropolitan Police launched an investigation Monday into antisemitic abuse at a Pride parade after videos and pictures circulated on social media showed Jewish participants enduring taunts at Saturday’s event.
The police department said in a statement that officers were “aware of videos circulating online that show antisemitic verbal abuse directed towards attendees” at the parade in central London and that footage was being reviewed to assess whether criminal offenses had been committed. The department added that it “continues to work hard to tackle hate crimes of all types.”
Videos shared online show people carrying rainbow flags incorporating the Star of David being confronted by individuals shouting “Free Palestine.” The harassment escalated with attendees shouting, “Go back to your Zionist homeland,” “You kill Arab children, you kill gay children,” “F*** you, Jew,” and “How many babies did you kill?”
The Jewish Telegraphic Agency reached out to Pride in London for comment. The group had not replied by press time.
The incident comes amid heightened concern over antisemitism in Britain since Hamas’ Oct. 7, 2023, attack on Israel, with a record number of antisemitic incidents reported over the past two years. It also comes as Pride celebrations around the world have been roiled by tensions over Israel and antisemitism.
Pride in London drew tens of thousands of participants and visitors to the Soho neighborhood in the British capital. Some Jewish LGBTQ+ organizations have in recent years chosen not to participate in Pride, citing hostility towards Zionist Jews. But this year, around 150 people marched as part of a Jewish bloc at the event.
Organizers said the return this year followed discussions with Pride in London over Jewish inclusion and commitments that organizers would undertake antisemitism awareness training in partnership with the Community Security Trust, the main security consultant to the Jewish community. Jewish LGBTQ group Keshet UK stated earlier this year that the measures were intended to help ensure Jewish LGBTQ+ participants could march “safely and openly” following concerns raised after Oct. 7.
It was not clear whether the Jewish marchers who endured the abuse were part of the official Jewish bloc – accounts from marchers who stayed with the Jewish bloc were generally positive.
“A few people came and chanted ‘free, free, Palestine,’” Israeli author and LGBTQ+ activist Hen Mazzig told JTA. “They were passing through. And there was another person who was at a cafe and then they came by and they were just staring at us.”
Mazzig shared footage from the event on X, writing, ”My pride is not affected by the opinions of others. I am gay, I am Jewish, and I’m here to stay. Am Yisrael chai.”
Mazzig splits his time between London and Tel Aviv, because his husband is British. He told JTA in a phone interview that Saturday’s incidents “were scary, especially when a Pride parade is supposed to be inclusive.”
Mazzig said that since Oct, 7, circumstances have been exceptionally challenging for the British Jewish community “but specifically for LGBTQ youth that are being forced to choose between their Jewish identity and their queer identity.”
Mazzig claimed that Jewish marchers are not accepted unless they specify that they are anti-Zionist. “Every statement of solidarity with LGBTQ Jews seems to come with a ‘but,’” he said. ‘We support you, but not if you’re physically Jewish, not if you’re supporting Israel. You have to renounce half of your identity first.’ That’s not equality.”
In advance of Saturday’s event, some 650 Met police officers were deployed to enforce “zero tolerance” on hate crimes and to ensure that attendees could “safely and securely” enjoy the parade.
When JTA asked the Metropolitan police why at least two policemen appeared to stand by as Jews were subject to abuse, the Met requested that JTA provide the video in question. After being supplied with the video, the Met later told JTA that it had nothing further to add at this stage but would provide an update if it did.
Mazzig said the Met police should consider the abuse at the parade “shameful and it should alarm everyone.”
He added, “I hope that we stop debating whether or not antisemitism is real and accept it. And that communities that are supposed to be inclusive and pluralistic start taking action.”
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Israel’s diaspora minister calls Erdogan a ‘grotesque hybrid of Hitler and Sinwar’
(JTA) — Israel’s Diaspora Affairs Minister Amichai Chikli compared Turkish President Recep Tayyip Erdogan to Adolf Hitler and slain Hamas leader Yahya Sinwar in a post on X on Monday.
“We all know how narcissistic power-obsessed fanatics like you begin and how they end. The Jewish people have never feared mere flesh and blood, from Pharaoh until today,” Chikli wrote. “You are nothing but a pathetic blood soaked zero who history will soon forget.”
In the post, Chikli accused the Turkish leader of being a “patron of Hamas and ISIS” and described him as a “grotesque hybrid of Hitler and Sinwar” alongside an AI image of Erdogan in front of a Nazi flag.
Chikli’s post was in response to an address by Erdogan last month, in which the Turkish leader called Zionism a “genocidal occupying expansionist ideology” and said the “struggle” against Zionism was for the “collective survival of ourselves and our nation.”
Long-standing tensions between Turkey and Israel stoked by the war in Gaza have escalated in recent weeks, amid increasing Israeli concerns over the tight ties between Ankara and Washington and the possible sale of advanced American F-35 fighter jets to Turkey. Erdogan, who has consistently voiced support for Hamas, has been one of Israel’s most outspoken international critics.
Chikli’s post followed Israeli Prime Minister Benjamin Netanyahu’s blistering attack against Erdogan during an interview on “Fox & Friends” on Fox News Monday. Netanyahu said Turkey was “governed by a man who calls openly for the annihilation of Israel…and talks openly about conquering Jerusalem.”
The Israeli leader warned against the sale of weaponry to Ankara, portraying Turkey as an aggressive country that didn’t help the U.S. battle Iran. He spoke in advance of U.S. President Donald Trump’s trip to Ankara late Tuesday for a two-day summit of NATO.
“For a regime infected by the Muslim Brotherhood, an extreme movement that hates America and chants ‘death to America’ from that side of the spectrum, I don’t think they should be given F-35’s or the engines for their fighter jets,” Netanyahu told Fox News.
Such a sale would “upset the power balance in the Middle East, which is ultimately guaranteed by Israeli air superiority and … by America’s posture in the Middle East,” Netanyahu said.
Relations between the two regional powers have also been aggravated by the Israeli government’s June 28 decision to recognize the Armenian genocide by the Ottoman Empire during and immediately after World War I.
Turkey has condemned Israel’s recognition of the Armenian genocide. It’s a move so diplomatically controversial that to date, only some 33 countries, aside from Israel, have taken this step, including the U.S. in 2021.
According to Politico, Erdogan said in a public address last week, “We do not give the slightest heed to the slanders about our country from the murder network that has the blood of 73,000 innocent Gazans, most of them children and women, on its hands.”
Israel’s Minister of Foreign Affairs, Gideon Saar, also took aim at Turkey’s foreign minister, Hakan Fidan, during a press conference in Jerusalem Monday, decrying Fidan’s comments to CNN Türk on Friday in which he said that Israel had become a “burden that humanity can no longer bear.”
“The remarks by Turkey’s Foreign Minister are a clear call for genocide,” Saar said. “The Jewish people know all too well what happens when such words are allowed to go unanswered. The first step on the road to genocide is dehumanization.”
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A narrowed Michigan Democratic Senate race leaves Jewish voters with a stark choice
(JTA) — When Michigan state senator Mallory McMorrow suspended her campaign for the U.S. Senate on Sunday, some progressive Jews were bereft.
“I’m still in mourning,” Eve Mokotoff, a public health expert who had been advising McMorrow’s campaign on issues including Jewish ones, told the Jewish Telegraphic Agency the next day. “You have to understand, I was sobbing yesterday.”
McMorrow, who is married to a Jewish man and raising a Jewish child, had sought to carve a progressive identity in the state while taking on the far left, particularly on Jewish issues and Israel.
Now with her out of the primary, the race is down to two candidates with polar opposite visions of the Democratic party’s future — particularly on Israel policy — battling over a seat that the party must retain if they hope to flip the Senate in November.
The race will inevitably be seen as a bellwether for the party’s larger orientation on Israel.
The sharp reorientation of the party in the recent years to embracing Israel-critical policies will be exacerbated by the specific dynamics of Michigan. A state home to large Jewish and Arab/Muslim populations weathered the attack at Temple Israel in West Bloomfield, outside Detroit, earlier this year and in 2024 saw the rise of the Uncommitted movement that pressured party leaders over Gaza.
Dr. Abdul El-Sayed, a former county health director who has grassroots momentum in the state, has said the Israeli government is as “evil” as Hamas and made headlines for campaigning with streamer Hasan Piker, an anti-Israel hardliner. His opponent, U.S. Rep. Haley Stevens, has accepted backing from AIPAC, whose affiliated super PAC has spent over $10 million on the race according to Federal Election Commission disclosures, at a time when the pro-Israel behemoth is historically unpopular among Democrats.
Neither campaign’s representatives responded to JTA requests for comment for this story, though both have issued statements reaching out to McMorrow supporters since she left the field. Mokotoff described the new playing field as “a terrible choice.”
“I don’t trust either of them,” she said. “You either have someone whom I completely don’t trust, or someone who can be completely manipulated by the state of Israel.”
For many of the state’s other estimated 129,000 Jews, the choice is less difficult. While analysts are torn on what McMorrow’s exit from the race will mean for each candidate, Jewish Democratic leaders — and some clergy — in the state are coalescing around Stevens.
Michigan Attorney General Dana Nessel, who is Jewish and a close ally of Gov. Gretchen Whitmer, endorsed Stevens following McMorrow’s announcement. “Haley cares deeply about the needs of her constituents,” Nessel wrote in her announcement.
The Michigan Jewish Democratic Caucus had already endorsed Stevens, as well — but it had been close between her and McMorrow, the group’s chair told JTA.
“The Jews that I know, my sense is that if they were supporting Mallory, they’re going to support Haley at this point,” Jessica “Decky” Alexander, the caucus’s chair, told JTA.
While Alexander added that she could “still see myself supporting” El-Sayed if he wins the nomination, some Jewish clergy in the state have sounded loud alarms about his candidacy.
“For many Michigan Jews, the Democratic primary race for senator feels like an existential moment,” Rabbi Aaron Starr, of the historic Conservative Congregation Shaarey Zedek in the Detroit suburb of Southfield, told JTA. “We pray that our neighbors and fellow Michigan residents will vote to reject extremism and the kind of rhetoric that leads to violence.”
Along with his fellow Shaarey Zedek clergy, Starr authored a letter to congregants in June urging them to support “the candidate whose record, actions, and rhetoric demonstrate the strongest commitment to protecting Jewish lives by combating antisemitism, seeking federal security funding for American Jewish communities, and supporting Israel’s security and right to exist as a Jewish state.”
“As a clergy team, we agreed that we cannot remain silent if our voice might encourage people to prioritize protecting Jewish lives,” Starr told JTA.
The letter, which invoked the Book of Esther, did not name Stevens or any other candidates. But to JTA, Starr called Stevens “an ongoing friend of the Jewish community” who “personally reached out to me after October 7,” referring to the 2023 Hamas-led massacres in Israel that launched the Gaza war. El-Sayed — whom Starr said he has “heard nothing from” — has publicly expressed doubt that Israel should be a Jewish state.
Now that the race had narrowed, Starr said, “We are hoping that it is now even more likely that the November election will see two candidates who recognize Israel’s right to exist as a Jewish and democratic state, who support Israel’s right to defend itself when under threat, and who will be committed to protecting American Jews in Michigan and around the U.S.” The likely GOP nominee is Mike Rogers, a former congressman known for his pro-Israel outlook.
While El-Sayed often welcomes the Jewish community at his rallies, his comments on local radical behavior affecting Jews have also caused controversy. He angered Jewish leaders, including a rabbi at Temple Israel, when he issued a statement about the attack at that congregation that mentioned Israel’s war in Lebanon.
In recent weeks El-Sayed also suggested that a group of pro-Palestinian protesters at the University of Michigan, recently arrested by federal authorities and accused of plotting attacks against university officials, were politically targeted.
“It’s a lot more about what you’re advocating for that gets you indicted or not indicted, rather than what you did,” El-Sayed told a rally of supporters about the indictments last month, according to the Detroit News. One of the arrested protesters had briefly worked for El-Sayed’s campaign.
His campaign has amplified the voices of Jewish supporters, including former U.S. Rep. Andy Levin, who lost his reelection bid in a redrawn district to Stevens in 2022 after AIPAC backed Stevens.
El-Sayed’s campaign has also launched a Jews For Abdul affinity group. The group’s mission statement says the candidate “correctly recognizes that the Israeli government does not speak for all Jewish people, or even for all Jewish citizens of Israel,” and “has properly characterized Israel’s US-enabled genocide in Gaza to be among the most immoral events of our time.”
An El-Sayed campaign spokesperson did not respond to a JTA inquiry about how big the group is. Alexander, the state’s Jewish Democratic Caucus chair, said she believed it was “a very small faction.”
Nationally, the Jewish Democratic Council of America, which had endorsed both McMorrow and Stevens, reaffirmed its commitment to Stevens on Monday. Meanwhile, J Street, the liberal pro-Israel lobby, had backed McMorrow. In a statement Monday to JTA, the group did not endorse a new candidate.
“We are grateful to her for the campaign she ran and the nuance she infused into this race,” Tali deGroot, vice president of political and digital strategy, told JTA. “We hope the next Senator from Michigan will be an advocate for peace and diplomacy in the Middle East and will recognize the need for a new U.S. policy toward Israel.”
A new super PAC formed to counter AIPAC’s influence signalled in a statement on Sunday that it was prepared to get more directly involved in the race on El-Sayed’s behalf. American Priorities PAC told reporters it was “fully committed to seeing Abdul El-Sayed become the Democratic nominee for Senate in Michigan, and we will do what it takes to get there.”
Representatives for El-Sayed and American Priorities PAC did not respond to questions from JTA about whether the candidate, who has said he would reject all PAC funding, would accept American Priorities’ financial support.
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