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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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AfD is predicted to win 40% in the German state of Saxony-Anhalt. Should Jews be worried?
(JTA) — BERLIN – Why are so many Germans wringing their hands over Sunday’s election in Saxony-Anhalt?
After all, what impact could 1.7 million registered voters in this former East German state have on a nation with 16 Laender (federal states) and some 60 million voters?
Here’s why Sunday’s election matters:
As it turns out, German voters in Saxony-Anhalt could give the right-wing extremist political party — the Alternative for Germany, or AfD — its most significant achievement since its founding in 2013.
Although the AfD is predicted to win only 40 percent of the vote, that would be enough to affect upcoming general local elections in Lower Saxony on Sept. 13, and elections in the state of Mecklenburg-Pomerania and the city-state of Berlin on Sept. 20.
There is also an outside chance it could open the door to an AfD-led government in Saxony-Anhalt, a first for the far right since the end of World War II. Although that is considered unlikely, the party’s state website proclaims: “Everything is possible.”
Voters in this economically depressed state are, pundits say, drawn to the AfD’s anti-immigrant and anti-European Union rhetoric; its promise to expel non-citizens; its focus on German national pride rather than on the dark side of its past; and its ambition to repair relations with Putin’s Russia. Their drumbeat resonates particularly in former east German states, which have suffered since unification with the closing of factories and flight of younger workers to western states.
The AfD has also done well in elections in other former east German states, and increasingly in western ones. Last March, for example, it earned 19% of the popular vote in elections in Baden-Wuerttemburg, nearly doubling its previous tally there. In the 2025 federal election, it leapt to second place next to the conservative Christian Democratic Union led by German Chancellor Angela Merkel from 2005-2021. Opinion polls show the AfD is the leading party, if there were to be federal elections today.
While some observers note that the party’s agenda on national issues could not be implemented, they are troubled by the party’s goals on the state level.
Stephan Kramer, president of Germany’s domestic intelligence agency in the state of Thuringia, and former general secretary of the Central Council of Jews in Germany, told the JTA that the main concern is with the power the party could wield “over the interior ministry, police, the state intelligence service, education, appointments and the handling of sensitive information.”
“For the first time, the party could use the machinery of a state government and thereby gain substantially greater political and institutional influence at the federal level,” he said.
Banning the AfD would be a painstaking process, thanks to post-war protections of free speech. Former West Germany banned only two political parties: a neo-Nazi one in 1952, and a far-left Communist party in 1956. Later attempts to ban neo-Nazi parties stumbled on legal hurdles, and many politicians fear to try again, lest the AfD make hay of a failure.
Support for the AfD fits right in with trends on the European and UK level: According to the latest survey of European far-left, far-right and populist parties published by the PopuList research group, nearly a quarter of European and UK voters back far-right parties today, up from 5% in 1995. According to the Guardian newspaper, the biggest surge in support came in national elections in France and the UK in 2024, and Germany in 2025.
Here’s why AfD votes might not matter, yet:
A key difference from U.S. state elections is that “voters do not directly elect the equivalent of a governor,” Paulina Fröhlich, senior expert for democracy at the Gütersloh-based Bertelsmann Foundation, told the JTA. “Instead, the state parliament elects a state premier after the parties have built a coalition or secured enough support. So, the party that wins the most votes does not necessarily lead the government.”
In 1980, the CDU and its Bavarian sister party, the Christian Social Union (CSU), won 44.5% of the vote, but the Social Democratic Party (SPD) with 42.9% and the Free Democratic Party (FDP) with 10.6% support built a coalition government.
Two years ago in the state of Thuringia, the AfD became the first far-right party to get the most votes in a state election since World War II, but was blocked from forming a coalition.
Similarly, the likely outcome of Sunday’s Saxony-Anhalt election will be a coalition of minority parties that together exceed 50% of the vote; the AfD, despite a significant electoral achievement, will not be able to pull together the needed majority to take power.
It can take days, weeks, even months before a state or federal government is formed, including appointment of the minister-president or chancellor, and ministers dealing with education, policing and culture (and foreign policy, on the federal level). After the CDU and CSU won Germany’s federal election in February 2025 with only 28.5 percent of the vote, it took until early April for them to form a government with the SPD, as they argued over policy differences. But neither party would work with the AfD, which actually came in second
Most Germans still reject the AfD’s message. Several states have classified the party as right-wing extremist, a designation that its leaders have opposed in court. And there are calls to ban the party, including by prominent Jews such as Charlotte Knobloch, 93-year-old former chairwoman of the Central Council of Jews in Germany and head of the Jewish community of Munich and Upper Bavaria.
There has been much media buzz over an interview that Knobloch, who survived the Holocaust in hiding with a German Christian family, gave to Stern magazine. “Even the Nazi Party started small and tried out what was possible,” and now AfD politicians “are testing the limits of what is acceptable,” said Knobloch, arguing for a ban: “Everything that could help should be tried.”
Unlike in the United States, German elections include many political parties – from the large, mainstream ones to those on the fringes, which usually fail to meet the 5% vote threshold required to have seats in the parliament.
Even if the AfD receives a plurality this time, it is highly unlikely that it will rule the state. That’s because virtually no one else will work with them. Mainstream democratic parties have set up a “firewall” to that end. So the probable outcome will be a government built through a coalition of the remaining parties.
But this year, even some of the previous top parties are teetering on the edge of the 5% threshold, polls say.
Should the past winners – the CDU, and possibly the center-left Social Democratic Party, the center-right Free Democratic Party, and the progressive Green Party – make it past the threshold, they are expected to build that minority coalition, even holding their noses to do so: The CDU is even expected to seek informal support from the communist Left Party.
Thus the procedure in Saxony-Anhalt is likely to echo what happened in the neighboring state of Thuringia two years ago. While the AfD got the biggest piece of the electoral pie, it did not gain a majority of seats in the parliament. So the mainstream democratic parties were able to form a coalition government.
What do the AfD stand for? Why are they so popular?
Its appeal “comes from a mixture of protest, distrust of established parties, concerns about migration and social change, and a sense among some voters that [AfD] articulates grievances others avoid,” said Kramer of Thuringia’s domestic intelligence agency.
“The AfD officially presents itself as supportive of Jewish life and Israel,” he added. But the platform “explicitly demands a complete ban on ritual slaughter without exception, which would directly affect Jewish religious practice. AfD leaders also use world conspiracy arguments and antisemitic language, we should not forget.”
It’s illegal in Germany to celebrate the crimes of National Socialism, to repeat Nazi slogans and other propaganda. But AfD leaders “do not always stay on the safe side of the law,” Kramer added. For example, Björn Höcke, who heads the party’s parliamentary faction in the neighboring state of Thuringia, “was convicted for repeating the banned Nazi stormtrooper slogan ‘Alles für Deutschland’ [everything for Germany], and the Federal Court of Justice rejected his appeal in August 2025, making that conviction final.”
Höcke “is a certified history teacher, so he knows what he is doing,” Kramer added. “I would not describe the AfD simply as a party that carefully stays legal. Rather, parts of it repeatedly test those boundaries, and in some cases demonstrably cross them, [moving the] boundaries of what is acceptable to say in public and what is not.”
In Saxony-Anhalt, the party is “classified as definitely right-wing extremist” and is under observation by the domestic intelligence service, Maik Reichel, director of Saxony-Anhalt’s State Agency for Civic Education, told JTA. “And I think we also have the most extreme AfD state branch.”
The party wants to “restrict state-sponsored [school] trips to memorial sites, which they say turn young people into ‘memorial zombies,’ ” Reichel added.
“Our mission is to provide pluralistic civic education” and the AfD is against diversity, Reichel said. The AfD also takes a nationalist perspective, “which means we leave out important dictatorial, anti-democratic periods that were truly terrible in Germany,” he explained.
The main architect of the AfD’s platform in Saxony-Anhalt, Hans-Thomas Tillschneider, is known for wanting “more Bismarck, less Hitler.” Otto von Bismarck (1815-1898), who served as Germany’s first chancellor from 1871-1890, is seen as a hero by some German nationalists.
Despite such concerns, the AfD gained in the polls. At the EU parliament level, the AfD has 15 members, the largest contingent in the far-right Europe of Sovereign Nations group.
Should the AfD win an absolute majority on Sunday, they would most certainly appoint their state party leader Ulrich Siegmund, age 35, as minister president. He is described as personable, even affable.
But his messages are not so friendly, critics say. Siegmund says his “100-day immediate action plan” includes a promise to “deport from minute one” many foreign nationals, including professional specialists; to cut funding to pro-democracy NGOs; to crack down on diversity programs in the state; and to cut taxes that support such programs.
Whatever the final tally, the lead-up to tomorrow’s election has made it clear: A ballot cast for the AfD is no longer dismissible as a “protest vote.” Other mainstream parties are taking a plunge, while the AfD’s star continues to rise.
Ultimately, the other parties have to regain the people’s trust, said Reichel. In Saxony-Anhalt that means “solving the problems that concern people in a way that they actually notice a difference.”
This article originally appeared on JTA.org.
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Hollywood’s Jews take sides in Mark Ruffalo-Paramount antisemitism row
(JTA) — Some 170 notable Jewish personalities have released an open letter defending actor and producer Mark Ruffalo, who has been accused of antisemitism for his comments on Paramount Skydance’s pending acquisition of Warner Bros. Discovery.
Entertainers, rabbis and a physician who is featured in a new documentary about doctors treating Palestinians in Gaza signed the letter released Wednesday, which called the attacks against Ruffalo a “false and dangerous weaponization of charges of antisemitism.” George Clooney also defended Ruffalo on Thursday.
Signatories of the pro-Ruffalo petition include “Broad City” creators Abbi Jacobson and Ilana Glazer; celebrated filmmakers Joel Coen, Jonathan Glazer and Todd Haynes; Pulitzer Prize-winning playwright Tony Kushner; and actors including Hannah Einbinder, Joaquin Phoenix and Debra Winger.
In late August, Ruffalo, the award-winning actor and progressive activist, went on social media to link Paramount Skydance CEO David Ellison, the chief driver of the looming Paramount-Warner Bros. merger, to tech giant Oracle, which Ruffalo claimed is responsible for “an apartheid system of oppression” in Gaza.
Oracle is owned by Ellison’s father, Larry Ellison, one of the world’s richest men; both Ellisons are Jewish and prominent Israel supporters. Oracle also owns a stake in the social media network TikTok’s U.S. operations, and has long been a target of progressives who point to the company’s links to, and public support for, Israel.
“Larry Ellison will own most of ‘Para Bros,’” Ruffalo wrote in the post, which is no longer available, according to a screenshot reproduced by the Hollywood Reporter. The “Spotlight” and Marvel star also called Larry Ellison a “classic oligarch” who is “crushing workers and consolidating the wealth of the world for their own power and concentrated dominance.”

The $110 billion merger is under adjudication in federal court in California following an antitrust lawsuit filed by 12 state attorneys general and the Writers Guild of America. As backlash to the merger has steadily grown across Hollywood and in political and media spaces, Paramount at least since June has been pushing the idea that opposition to the merger has had an antisemitic element.
The company seized on Ruffalo’s comments, immediately releasing a lengthy statement to media after his controversial social media post that accused the actor of invoking “antisemitic tropes,” adding, “This simply exposes the true motivation of some who have advocated opposition to this transaction.”
Several leading Jewish groups have also said his post stepped beyond legitimate criticism of the merger and into classic antisemitic rhetoric about Jewish wealth and power.
In an August statement, the head of the Jewish Federation of Greater Los Angeles said the actor’s comments “combined Jewish wealth, media control, secret technology and sinister global power,” drawing on “recognizable antisemitic tropes with a long and dangerous history.” Other LA-based Jewish activist groups, including Creative Community For Peace and the Simon Wiesenthal Center, have also condemned his comments.
Speaking amid the unfolding controversy about Ruffalo and his use of the word genocide to describe Israel’s campaign in Gaza, “Fauda” co-creator Avi Isaacharoff called him “a rare combination” of “ignorant” and “stupid.”
The Jewish Telegraphic Agency has reached out to Shani Rosenzweig, Ruffalo’s agent and a prominent Jewish entertainment figure in her own right, for comment and a Ruffalo interview request. Rosenzweig did not respond to either request.
Ruffalo has found support from several progressive Jewish figures beyond the entertainment industry, including IfNotNow co-founder Simone Zimmerman, Israeli Holocaust historian Raz Segal and Jewish Currents editor Peter Beinart.
In their open letter defending Ruffalo, the progressive Jewish cohort argued the actor was right to draw links between Israel’s behavior and the merger.
“Pointing out the crucial connections between what is happening in Gaza and what is happening in Hollywood is the exact opposite of antisemitism,” the letter reads. “It is, for us, the very essence of Jewish ethical duty.” The letter points to specific statements from Larry Ellison, and Oracle executives, describing their surveillance and artificial-intelligence technological ventures and their positive relationship with Israel.
Other entertainment figures have tried to thread a more careful needle. Oscar-winning filmmaker Kenneth Lonergan, who has directed Ruffalo in two movies and was at one point developing an American remake of the hit Israeli TV series “Shtisel,” defended the actor from antisemitism charges this week while also noting, “I disagree profoundly with many of his positions on the Middle East, Israel, Gaza, and Iran’s constellation of fanatical Islamist fundamentalist proxies.”
“But Mark and I have been friends for over 30 years,” Lonergan continued in his letter to the Hollywood Reporter. “The notion that he is antisemitic is overtly preposterous, and the accusation itself a cynical and disgusting lie.”
Ruffalo is soon scheduled to attend the Toronto International Film Festival for the Sept. 10 premiere of the biopic “Being Heumann,” about Jewish-American disability rights activist Judy Heumann, in which he co-stars.
Opposition to David Ellison’s bid to combine two historic media giants, each having recently weathered smaller mergers of their own, has grown considerably in recent months. Those objections have come both from Hollywood rank-and-file concerned about further industry consolidation, as well as from political and media figures voicing objections to Ellison’s close ties to President Donald Trump and his intentions with Warner’s flagship news property, CNN.
The merger was initially thought to be on track to be finalized this fall with Trump’s blessing. The president has publicly championed the merger, and his Justice Department approved the deal in June. But talks have ground to a halt following the antitrust lawsuit. The fate of the merger is now in question, with Paramount having agreed to a trial in March 2027 and on the hook for a $7-million-per-day “ticking fee” it had previously agreed to pay out to shareholders if the deal failed to close by this October.
Prior to Ruffalo’s post, Ellison himself published a New York Times op-ed defending his merger plans.
This article originally appeared on JTA.org.
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Spanish far-right activists use Nazi-style salutes in anti-migrant protests
(JTA) — MADRID — Dozens of far-right activists raised their arms in Nazi-style salutes and sang a Spanish fascist anthem in the heart of Madrid on Wednesday, amid protests against the government’s handling of migration.
Between 60 and 70 members of Núcleo Nacional, an ultra-nationalist anti-immigrant group, participated in mass demonstrations of tens of thousands of people across Spain, a spokesperson for the group told the Jewish Telegraphic Agency. The protests were in response to an influx of migrants from Morocco into Ceuta, a Spanish territory in North Africa.
The broader demonstrations in Madrid were called by Spain’s conservative People’s Party and far-right Vox party, drawing about 50,000 people to the streets, according to government estimates. The protests were planned for Ceuta Day, a holiday marking the Portuguese conquest of Ceuta from the Marinid Sultanate of Morocco in the 15th century, beginning centuries of Portuguese and later Spanish rule.
Núcleo Nacional activists were shown on video making the outstretched-arm gesture associated with neo-Nazi movements and chanting, “Ceuta is not for sale, Ceuta will defend itself.” They also sang the song “Cara al Sol,” a fascist anthem from 1935 that became central to the regime of former Spanish dictator Francisco Franco, who ruled from 1939 to 1975. Núcleo Nacional denied a link between their gesture and Nazi history.
The demonstration ended in clashes between protesters and police, with four people arrested and four police officers injured, according to local authorities. Protesters were also shown on camera grabbing, pushing and cursing at multiple journalists who were covering the rally.
Francisco Martín Aguirre, the delegate of the Spanish government in Madrid, condemned “the violent acts that occurred at the end of the gatherings in Madrid.”
“All respect to those who legitimately and peacefully protest for the cause they deem fit,” he said on X. “Violence is never the way and those who daily incite it are also responsible.”
A spokesperson for Núcleo Nacional told JTA that the group was not performing a Nazi salute, but an “Iberian or Roman salute.”
“It represents our ancestors,” the spokesperson said. They added that the group was protesting to “support the people of Ceuta.”
The outstretched arm salute in Nazi Germany was inspired by a gesture popularized in the 1920s in Italy’s fascist movement, which later allied with the Nazis. The Italians called it a Roman salute, though researchers say there is no evidence linking it to ancient Rome. Franco also instituted the gesture in 1937, then instructed Spaniards to abandon it in 1945 after the Axis powers lost World War II.
More than 72,000 Moroccan migrants crossed into Ceuta between July 30 and July 31, with at least 100 people dying in the attempt. Most have returned to Morocco, but some 5,000 remain in makeshift shelters or on the streets and beaches, inflaming tensions between migrants and local residents and heaping pressure on the left-wing government of Spanish Prime Minister Pedro Sánchez.
Núcleo Nacional has about 2,000 members, many from neo-Nazi and Francoist groups that lost their capacity to mobilize, according to the Global Network on Extremism and Technology. The group has grown rapidly and opened four regional branches since its founding in 2024. Earlier this year, it registered a political party as Noviembre Nacional.
The group pledges to defend the white race, Christianity, the Spanish nation and Europe against foreign and domestic enemies, including migrants, internal independence movements and “multicultural globalism.” Spain’s Civil Guard last year opened an investigation into Núcleo Nacional after it posted a video calling for groups to “actively defend” the streets and “jointly fight against the invasion” of immigration.
Núcleo Nacional leaders have also denied the Holocaust and suggested that Israel orchestrates migration to Europe, according to the Observatory of Antisemitism, a Spanish watchdog organization. Núcleo Nacional said in a 2024 statement, “Any Spanish patriot should not forget that it is Israel that is financing the Maghrebi invasion to which all of Europe is being subjected.”
On Núcleo Nacional’s social media channels, it has claimed that it is targeted by “the Jewish-Zionist lobby in Spain” and accused the “international Jewish-American financial elite” of “buying up Spain at bargain prices while ruining us.”
This article originally appeared on JTA.org.
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