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‘The gun is on the table’: Both sides of Israel’s debate say that a constitutional crisis is coming
(JTA) — In a country that is deeply divided, where attending anti-government protests has become a weekly ritual for many, at least one idea still unites the right and left: Israel appears to be hurtling toward a constitutional crisis.
The crisis — which Prime Minister Benjamin Netanyahu termed a “governmental breakdown” during a recent visit to Germany — would flow from legislation Netanyahu is pushing that would overhaul Israel’s judiciary. The proposal — which critics say threatens Israel’s democratic character — would increase the coalition’s control over the appointment of Supreme Court judges, and would enable Israel’s parliament, the Knesset, to override court decisions with a simple majority.
A constitutional crisis occurs when a country faces an unsolvable dispute between competing branches of government. Countries have recovered from constitutional crises in the past — the United States has had several over the centuries, including multiple ones related to the leadup to the Civil War and its aftermath — but the process can be difficult, and mistrust long-lasting.
In Israel’s case, what happens if the Knesset passes the judicial legislation, the Supreme Court strikes it down, and the Knesset doesn’t abide by that decision? Does the court or Knesset hold final authority?
However that question is answered, just getting to that point would represent a dramatic breakdown in a 75-year-old democracy. “The very idea that the government might not comply, might ignore the Supreme Court’s decision, would be an unprecedented crisis,” said Michal Saliternik, a law professor at Netanya Academic College.
In that dangerous moment, some Israelis see opportunity. In a perhaps ironic twist, Israel is on the precipice of a constitutional crisis but doesn’t actually have a constitution. It’s a risky bet, but a battle between the court and the coalition, said international law scholar Tamar Megiddo, might just force Israel into the long and arduous process of writing a governing document and figuring out how to balance the country’s competing authorities.
“The entire constitutional system here is held together by duct tape,” said Megiddo, who teaches at the College of Law and Business outside Tel Aviv. “It’s ridiculous. We have no protection of our constitutional regime, no protection of our separation of powers, no protection of checks and balances and no protection of human rights. The only reason this functioned for the past 75 years is because there was good faith.”
She added, “I think a lot of people view the current constitutional moment, or the realistically likely constitutional crisis, as also an opportunity for fixing everything that’s broken in the system.”
When asked how a clash between the government and courts could come to a head, those scholars and others all individually sketched out versions of the same scenario: The government passes a law giving itself control over judicial appointments, the court strikes down the law — and the government appoints new judges anyway. When those judges arrive for their first day of work, should the security guards let them in? Who should the guards obey — the government that appointed the judges, or the courts that declared their appointment illegal?
While that question is being debated, the courts may not be able to hear cases at all.
“At the end of the day, the state needs to function,” Saliternik said. “The courts have work to do. If the judges can’t enter their chambers, it will definitely impact everyone. It’ll be like a third world country in which institutions don’t function.”
The law on judicial appointments may be passed next week, and for rank-and-file Israelis, both Saliternik and Megiddo said, this question would hardly be theoretical. If Israel’s system of government descends into crisis, it could lead to a downgrade in the country’s credit rating and an economic downturn that ordinary citizens feel in their pockets. And given how invested Israelis have become in the face of the judicial reform — protesting in the streets by the hundreds of thousands — it’s unlikely they’ll ignore what ensues if and when it passes. Israeli President Isaac Herzog, who has a reputation for congeniality, gave a pained speech last week warning of the potential for civil war.
“If the court issues a ruling and the government does not comply, then the Israeli public will say, ‘This is the ultimate proof that this is not a democracy anymore,’” Saliternik said. “I say this with trepidation, but if there’s an open battle between the Supreme Court and the Knesset, it could result in street violence.”
Megiddo said that even the possibility of such a crisis has normalized tactics that were once on the fringe, such as refusal to perform military service, a duty seen as sacrosanct across much of Jewish Israeli society. Israeli Defense Minister Yoav Gallant reportedly warned that the possibility of mass refusal to serve could cause him to leave his post. On Tuesday, a group of military reservists said they plan to recruit tens of thousands more who will pledge to shirk reserve duty if the legislation goes through.
“People who refuse service were considered, in the Israeli public, to be a very extreme minority, and now it’s mainstream to say that people won’t serve the military for a dictatorship,” Megiddo said. “It’s unbelievable how mainstream saying that at the moment is, and that has long-term impact.”
Both supporters and opponents of the legislation in the Knesset are treating a constitutional crisis as a real possibility. The only thing they disagree about is who will be to blame — and both sides appear to be raising the stakes, vowing either to disobey government decisions, or disregard the court.
“The security situation is troubling,” said former Defense Minister Benny Gantz, an opponent of Netanyahu, in a speech last week referencing escalating violence between Israelis and Palestinians, and urging Netanyahu to pause the court legislation. “Don’t drag us into an irresponsible constitutional crisis during a security crisis.”
Netanyahu’s allies, unsurprisingly, say it is the opponents of the reform — and the justices of the court themselves — who would be responsible for a constitutional crisis, should the court strike down the law.
Striking down the reform legislation would be a “doomsday weapon,” wrote Dror Eydar, a columnist for the pro-Netanyahu tabloid Israel Hayom, in a piece titled “Inviting a constitutional crisis.” “This striking down would constitute a coup d’etat.”
(Another column four days later in the same publication, however, urged a compromise on the judicial reform in order to avert a constitutional crisis. That piece was written by Miriam Adelson, whose husband Sheldon — the late billionaire philanthropist — founded and funded the paper.)
Netanyahu’s coalition members are still worried enough about the prospect of a constitutional crisis that they’ve agreed to what they refer to as a “softening” of one piece of the legislation. Instead of giving the coalition total control over Supreme Court appointments, the new text of the bill would let the coalition control its first two judicial appointments.
“There’s no doubt that the change we made prevents any real claim that can create a constitutional crisis,” said Justice Minister Yariv Levin, who is spearheading the legislation, on an Israeli news show on Monday.
A view of the Israeli Supreme Court in Jerusalem. (Eddie Gerald via Getty Images)
But then he threw down the gauntlet: If the court still overturns the law, Levin said, “That would cross every red line. We definitely wouldn’t accept it.”
Responding to that claim, Yair Lapid, the leader of the parliamentary opposition, said that if the government disobeys the court, citizens should disobey the government.
“That’s it, the masks are off. The gun is on the table,” Lapid tweeted. “The real prime minister, Yariv Levin, is drawing us into total chaos and a constitutional crisis we won’t be able to come back from. If the justice minister is calling on the government not to obey the law, why should the citizens of Israel obey the government?”
Another Likud lawmaker, Economy Minister Nir Barkat, said he would respect the court’s ruling if it struck the law down. But in any case, the Likud bill doesn’t appear to be a promising avenue toward compromise. “This isn’t softening and compromise, this is Hungary and Poland on steroids,” Labor Party Chair Merav Michaeli said on a radio program on Monday, referring to countries where the government has increased its control over the court system. “From the start, I said we can’t negotiate with them.”
A predecessor of Michaeli’s in the Labor Party has also taken a hard line and — unlike the many voices who worry about a clash of government authorities — has suggested that he would prefer a constitutional crisis to compromise. Ehud Barak, a former Israeli prime minister, said that a constitutional crisis would force senior Israeli military commanders to take sides — and expressed confidence that they would choose to obey the courts.
“It would be a severe constitutional crisis,” Barak said in a speech last month. “That’s when the test of the gatekeepers and defenders of sovereignty would arrive: The head of the Shin Bet, the police commissioner, the chief of staff and the head of the Mossad. I’m convinced that they understand that in a democracy, the only choice is to recognize the supremacy of law and the Supreme Court.”
The mounting threats by military reservists, and comments by former military commanders opposing the court reform, may indicate that the military will opt to follow the court. But Saliternik hopes that’s a choice Israeli forces won’t have to confront.
“This is something that has never happened in Israel,” she said. “It’s so very hard to think about. I very much hope that that government will get a hold of itself and act responsibly.”
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German city bans stumbling stone memorials to Nazi victims
(JTA) — A decision to bar the “stumbling stone” memorials to victims of the Nazis has touched a nerve in one small German town, and beyond.
At issue is a motion – passed Sept. 25 by the city council of Heidenau in the former East Germany – to stop installation of such memorials in local sidewalks, calling them disrespectful, and to use the town’s North Cemetery instead.
Set into the ground, the small, engraved brass “Stolpersteine,” or stumbling stones, are meant to make pedestrians stop and think about the fate of former residents. There are currently some 116,000 such stones laid in 1,860 municipalities across Europe, mostly in Germany, according to the project’s website.
A curious aspect of the Stolpersteine is that they are opposed by both Germany’s right wing, which view them as detracting from national pride, and by a vocal minority of Jews who feel they don’t do enough to uplift the memory of victims.
The effort to block the memorial stones in Heidenau was sponsored jointly by the center-right Christian Democratic Union (CDU) and the far-right Alternative for Germany (AfD) party. The town’s current mayor, Conny Oertel, is independent.
The city council’s decision comes as the AfD gains support in German elections nationwide. The party’s support for banning the project in Heidenau has sparked concern about potential moves to suppress official public commemoration of the Holocaust.
The AfD is known for challenging Germany’s culture of Holocaust remembrance in general. Bjoern Hoecke, who leads the party in the neighboring state of Thuringia, once even called Berlin’s Holocaust memorial a “monument of shame” that detracted from German pride. In protest, an artist collective built a replica of the memorial outside his home.
On the other hand, some Jews, albeit a minority, object to the memorials because they say it’s disrespectful to place them where they can be walked on and covered with leaves or trash. The stones have also been targets of vandelism, they note.
But the Heidenau motion is not for the sake of victims; rather it’s a “transparent maneuver by the extremists of the AfD” to suppress Germany’s remembrance culture, said Charlotte Knobloch, who has successfully opposed the placement of Stolpersteine in her home city of Munich, in the state of Bavaria.
“Removing places of remembrance from the cityscape, as has now happened in Heidenau, is absolutely the wrong approach,” said Knobloch, a 93-year-old Holocaust survivor, who heads the Jewish community of Munich and Upper Bavaria.
In a statement issued to the press Friday, Knobloch added that she was “appalled” that the CDU “would lend itself to supporting” the move. “The democratic center should and must find its way back to itself here and find a better solution.”
The joint opposition to the project by the AfD, the mainstream CDU and a local activist group creates a dilemma for Stolpersteine opponents like Knobloch who also abhor the AfD.
Heidenau, in the state of Saxony, is not the first town to act against the project. The city of Munich in Bavaria voted as early as 2004 not to allow the installation of the stones in public spaces, siding with Knobloch. In the city of Pulheim, in North Rhine-Westphalia, the project was blocked in 2011, but eventually the municipality reversed course and allowed the first installations to take place in 2022.
Heidenau is home to 17,000 people. Though the wartime local Jewish population was small, there are five such stones in the town already. An application for 12 more had been submitted by the Alternative Cultural and Educational Center (Akubiz), including for Fritz Goldstein and his wife Martha, who were expelled to Poland in 1938 and survived the war.
Arguing against the stones, the Heidenau motion noted that many citizens, relatives of victims, and activists actually disapprove of this form of commemoration.
Negative reactions to the decision in Heidenau were swift, both from proponents and detractors of the memorial concept itself.
In an email statement, the New York-based March of the Living educational organization called on the town of Heidenau “to reverse its decision and on Germany’s leaders and citizens to oppose every effort to hide this history.”
The city council decision “raises a deeply troubling question: Are political interests being allowed to push the memory of Nazi victims out of public life?” the statement read in part.
Like Knobloch, Munich resident Gabriella Meros doesn’t like the stumbling stones. “They are simply not a dignified way to commemorate the victims of the Holocaust,” said Meros, daughter of a Holocaust survivor and chair of the association Respect and Remember Europe.
She promotes placement of plaques on buildings instead.
But the political move in Heidenau by the CDU and AfD is “outrageous, because they’re exploiting this argument for their own purposes.”
The real problem is, she said, that the AfD “wants to abolish remembrance” itself.
In its platform, the AfD says it aims to promote “positive, identity-establishing aspects of German history.” Critics say that in practice, this could mean reducing funding for educational trips to Holocaust sites and for the memorial sites themselves.
The Stolpersteine project, initiated in 1992 by Cologne-based artist Gunter Demnig, sets engraved memorials into sidewalks in front of buildings where deported victims of the Nazi dictatorship once lived.
Usually, family members from around the world nominate sites and pay a nominal fee for materials. For many, the stumbling stones are a substitute for a grave, for ancestors whose place of death is unknown.
Israel’s Ambassador to Germany Ron Prosor wrote on X
that he was “ashamed” of Heidenau’s decision, noting that members of his own family who were forced to flee the Nazis were commemorated by the stones in Berlin.
“Every person has a name. A world. A story. It is precisely this memory that is being erased here. Whoever erases the victims from the past erases the past itself.”
This article originally appeared on JTA.org.
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‘NAZA’ documentary draws sold-out crowd – and protests – at US premiere
(JTA) — Even a powerful Nor’easter couldn’t stop the crowds from showing up at the North American premiere of the controversial Israeli documentary “NAZA” on Saturday afternoon.
The two weekend screenings scheduled at Lincoln Center as part of the New York Film Festival sold out in minutes. Dozens of people waited in a box office standby line that stretched around the corner despite the blustery conditions, while at least one local politician scored a ticket: Brad Lander, the Jewish progressive and Democratic nominee for New York’s 10th Congressional District.
Meanwhile, two groups of Israeli-Americans showed up on Saturday with no intention of going inside the theater: one demonstrating in solidarity with the filmmakers, and a larger group across the street that denounced the film as they waved Israeli flags.
The documentary, which was produced by The Guardian and alleges that Israeli forces knowingly killed large numbers of civilians in Gaza, has received early acclaim, winning the Special Jury Prize at the Venice Film Festival earlier this month. It will be made available for free on The Guardian’s website later this fall.
John Kwiatkowski, senior manager of publicity and communications for Film at Lincoln Center, told the Jewish Telegraphic Agency that “NAZA sold out almost immediately.”
But “NAZA,” whose name is the Hebrew acronym for “collateral damage,” has also roiled a number of Israeli officials and the country’s military. The Israel Defense Forces issued a public rebuttal after the film’s reception in Venice, with the IDF chief of staff calling the film a “deliberate distortion of reality.”
The Israeli filmmakers, Yuval Abraham and Rachel Szor, have faced intense backlash at home. Israel’s culture minister threatened to strip them of their citizenship and protesters accused the duo of treason in a demonstration outside Szor’s parents’ home.
Roni Tamari, who organized the rally supporting the filmmakers on Saturday, called the Israeli reaction “out of proportion.”
David Lawson, a Jewish Queens resident who had purchased a ticket for the Saturday premiere, told JTA that he’d appreciated Abraham and Szor’s previous film, “No Other Land,” which focused on settler violence in the West Bank community of Masafer Yatta.
Minutes before the screening’s slated start time, Lawson said that he was “very excited” to see “NAZA,” not just for what it will say “about Israel, but also just about the alarming use of AI in warfare in general.”
Lawson said he likes “to hope that the tide is shifting on acceptance of Zionism in the United States,” and that support for “NAZA” was an example of that shift. He also said he was “expecting” to see protesters who disagreed with the film. “Pathetic,” another person in line chimed in, describing the demonstration.
They were referring to the protest organized by the Israeli-American Council, which drew dozens of critics of the film who believe it omits the context of Hamas’ Oct. 7, 2023, attack in its depiction of the IDF’s military campaign in Gaza. Speakers included IAC’s chief communities officer Noa Peri-Jensch and a pair of survivors of the Nova music festival that Hamas attacked.
A fleet of four black trucks circled the area with LED screens that displayed images of Hamas’ Oct. 7 attack along with various messages. “Movies have editors. History does not,” one message read. The trucks were commissioned by the IAC.
“We mourn every innocent life lost in this war, Israeli or Palestinian,” Peri-Jensch said during the rally. “But compassion for Palestinian civilians does not require [us] to erase Oct. 7, ignore Hamas or accept one narrative without questioning it.”
Peri-Jensch was not calling for the film’s screenings to be canceled, she said in an interview, but rather for them to be paired “with context” at festivals, like panels featuring Oct. 7 survivors.
Asked about Israeli officials’ threats toward the filmmakers and the demonstrators calling them traitors, Peri-Jensch said she “cannot comment on what people in Israel do, I can only comment here,” adding that viewers “deserve to know the full scope.”
Prime Minister Benjamin Netanyahu backed legislation last week that would strip the Israeli filmmakers of their citizenship, while the Israeli army has weighed taking legal action against them.
Protesters gathered outside Szor’s parents’ home multiple nights in a row last week calling on authorities to “expel the traitors.” One speaker called for Abraham and Szor to be executed while the crowd chanted, “Execute the traitors.” Participants in the right-wing protest included activists and campaign staff from National Security Minister Itamar Ben-Gvir’s far-right party, according to Haaretz.
On Saturday, Nova massacre survivor Rom El-Hai himself referred to the filmmakers as “traitors,” and said that there have been “liars” like Abraham and Szor within the Jewish community since the Bible and during the Holocaust.
In an interview following his remarks, El-Hai said it isn’t his job to say how exactly Abraham and Szor should be dealt with in Israeli society, but that they “should be punished” and that they cannot “live their life in Israel like nothing happened.”
“People need to understand there is a price for what they’re doing,” he said.
Near the standby line running along the sidewalk of Broadway, about a dozen demonstrators who are involved with the group Israelis for Peace held signs reading, “We stand by the countless victims in Gaza and Rachel & Yuval for speaking truth to power.”
Tamari, one of the organizers, said she felt it was “actually very disrespectful” for images of wounded and killed Oct. 7 victims to be shown in public.
Moshe Kayam, an Israeli-American who demonstrated in solidarity with the “NAZA” filmmakers on Saturday, said IAC’s rally was “doing a disservice” because the Oct. 7 attacks were indeed “horrendous,” but “did not justify the mass killing” of civilians in Gaza.
“We want the truth to come out,” Kayam said of the film. “We want everyone to see what really happened there, and the damage that it caused to Gaza, to Israel’s image and to us as Israelis.”
This article originally appeared on JTA.org.
The post ‘NAZA’ documentary draws sold-out crowd – and protests – at US premiere appeared first on The Forward.
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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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