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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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The post ‘The gun is on the table’: Both sides of Israel’s debate say that a constitutional crisis is coming appeared first on Jewish Telegraphic Agency.
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House Democratic leader Hakeem Jeffries calls for ‘dramatic change’ in Israel policy
(JTA) — U.S. House of Representatives Minority Leader Hakeem Jeffries, a New York Democrat poised to become the chamber’s speaker in January, called for a significant shift in the U.S.-Israel relationship but stopped short of opposing defense partnerships.
“The status quo is unacceptable, and we need dramatic change,” Jeffries told reporters at a Thursday press conference.
Jeffries expressed a need for such change with respect to the West Bank, to Gaza and to a memorandum of understanding with Israel over military aid set to expire in 2028. That agreement, signed by the Obama administration in 2016, pledged $38 billion in military aid for Israel from fiscal years 2019 through 2028.
President Donald Trump has said he will wind the aid down before it is set to lapse, citing Israel’s unpopularity, and Israeli Prime Minister Benjamin Netanyahu also backs ending military aid and replacing it by strengthening U.S.-Israel military cooperation.
But when asked about recent demands from Sen. Chris Van Hollen to remove provisions on defense collaborations with Israel from the National Defense Authorization Act – the model of what Netanyahu hopes to sustain – Jeffries responded that he hadn’t spoken with the senator. Van Hollen, a Democrat from Maryland, plans to challenge Senate Minority Leader Chuck Schumer leadership of the Senate Democratic caucus when Democrats take over the chamber in January.
Instead, Jeffries said that “things have to dramatically change over in the Middle East,” without elaborating on the details of such changes. He stressed the importance of ensuring “a safe and secure Israel living side by side as a Jewish and democratic state with an independent Palestinian state that provides dignity and self-determination for the Palestinian people.” Netanyahu and much of the Israeli public oppose the establishment of a Palestinian state.
While Jeffries noted that he wasn’t saying anything he hasn’t “previously said publicly,” his decision to reiterate this need for change following the election as Democrats are set to seize control of Congress demonstrates how the party is adopting a more critical posture on Israel.
This past summer, Jeffries wrote to colleagues urging them to reject an amendment proposed by Rep. Thomas Massie, a Republican from Kentucky, that would have cut military aid to Israel. While a slight majority of Democrats voted in favor of the measure, it was defeated after getting no Republican support aside from its sponsor.
Jeffries had argued at the time that “there are more decisive ways to achieve the urgent change necessary when it comes to the far-right Netanyahu government,” warning that Massie’s amendment would have restricted Israel’s ability to confront Hamas, Hezbollah and other terror groups.
Nonetheless, Jeffries also noted in the letter that the Obama-era memorandum of understanding “expires imminently,” and that “a meaningful change in direction is needed.” Writing that Israel has a robust economy and is capable of paying for its own weapons, he said that future security arrangements “should be structured consistently with defense agreements that exist with our other Western allies.”
Since writing that letter in July in the lead-up to the midterm elections, Jeffries focused primarily on domestic issues and didn’t often address the Israeli-Palestinian conflict. On Thursday, however, the topic was back on the table.
“We’ll work as a caucus to make sure that we can bring about the just and lasting peace that Israelis and Palestinians deserve,” Jeffries said.
This article originally appeared on JTA.org.
The post House Democratic leader Hakeem Jeffries calls for ‘dramatic change’ in Israel policy appeared first on The Forward.
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Ahmed Moor, John Fetterman’s first challenger, envisions ‘Palestine-Israel, from the river to the sea’
(JTA) — When Ahmed Moor started his freshman year at the University of Pennsylvania in 2002, he remembers navigating an atmosphere of Islamophobia around the one-year anniversary of Sept. 11.
He recounted how as he was exiting a derelict math building known for what Moor described as its “dungeon-like” interior, he overheard a kippa-clad student commenting on the grossness of the neighborhood, noting that “it’s not like Ramallah or anything.”
“It was a tough environment,” Moor said, recalling that during a campus protest in 2003 against the Iraq war, he was met with “Go home, terrorist” and other such slogans. “You kind of build a muscle around that early on.”
More than two decades later, the 42-year-old Palestinian American writer is now Pennsylvania’s first candidate to announce a 2028 bid for Democrat John Fetterman’s U.S. Senate seat – running on a platform of dignity, equal rights and affordability.
Though still two years away, this high-stakes race could change how much support Israel gets from the Democratic Party. Fetterman, who hasn’t declared if he will run again, has irked many fellow Democrats by joining Republicans on certain issues, particularly in defending Israel, but has also maintained a powerful voice in a caucus that has held just 47 seats for the past two years. But that influence may soon dissipate, with the Democratic caucus poised to have at least 55 out of 100 seats when Congress convenes in January.
Regardless of whether Fetterman chooses to run, for Moor – a Democratic Socialists of America member from Philadelphia – to secure the seat would require a dramatic shift in voter trends across purplish Pennsylvania.
Moor enters the playing field with radically different stances on Israel and foreign policy from those that Fetterman has espoused. Moor’s priorities include stopping the funding of wars and trimming the military’s budget in general, as well as many domestic issues that Fetterman has historically supported, such as universal healthcare and childcare and affordable housing.
“The DSA presents a really good opportunity for the Democratic Party to re-energize, reinvent itself,” Moor said, describing the DSA as “a blood transfusion.”
An avowed anti-Zionist, Moor wants economic sanctions against Israel and to hold the country’s leaders accountable for what he alleges are war crimes. Ultimately, he said he hopes to see the development of one “Palestine-Israel” state that has equal rights for all — a dream that he said is rooted in American principles of emancipation.
Born in Gaza, Moor moved to Philadelphia as a child and went on to earn degrees from both Penn and Harvard, and started a career in finance. He then switched to journalism, reporting in Beirut and Egypt for The Guardian and other outlets, and co-editing the book “After Zionism: One State for Israel and Palestine.” He also spent many years in Jordan, where he launched a peer-to-peer lending organization, before returning to Philadelphia in 2021.
Looking back at his years as a college student, Moor recalled experiencing some “ambivalence about being an American, the promise of life, liberty, pursuit of happiness, the equality before the law,” particularly while he felt like people viewed him as an outsider.
But he said that things began to look up when he joined the Free Palestine Action Network, a fledgling campus group that existed before Students for Justice in Palestine.
Turning to the situation in the Middle East today, Moor said he still has family members in Gaza, as well as some in the West Bank. Many of his relatives in Gaza, he added, were killed during the war.
He noted that his aunt “was diagnosed with cancer and died a very painful death shortly after that because the hospital itself was destroyed.”
In the future, Moor said he would envision “all of Palestine-Israel, from the river to the sea” as one state with equal rights for “Jews, Palestinians, Druze” and everyone else, including “all of the East Asians who work there, who built lives there.” Lebanese areas currently under Israeli military occupation would go back to Lebanon, while the Golan Heights, captured by Israel in 1967, would go back to Syria, he added.
The leaders of this hypothetical state, according to Moor, would need “to represent everyone who lives under its authority,” with the Knesset legislating laws, the military serving all the people and Palestinians earning a right of return.
Moor compared the current phase of this conflict to mile 15 of a marathon: “Every footfall from here to the finish, 11 more miles, is painful.” Crossing the finish line, he argued, will require “the emancipation of the Palestinians, the right-sizing of our understanding of equal rights, where Jews don’t have superior rights in that country.”
Whether Moor’s Middle East positions will resonate with Pennsylvania voters when they choose their next senator in 2028 remains uncertain.
“If we look at the surveys leading up to the election, that issue didn’t come up a great deal,” Berwood Yost, a public policy expert at Franklin & Marshall College, told JTA. “It was the concerns about personal finances and economics and affordability that were largely driving voters.”
Daniel Hopkins, a political science professor at the University of Pennsylvania, told JTA that although the conflict is “highly evocative and emotive,” his polls have shown that “relatively few voters rank it as an important issue,” except in deep blue Philadelphia.
Yet even if the conflict doesn’t have a direct influence on most voters, Hopkins said that its divisiveness helps candidates distinguish themselves from rivals. For example, he continued, a stance on this subject can often serve as a shortcut to other views.
“The issue partly functions as a within-party issue that helps certain Democrats differentiate themselves from other Democrats,” he added.
For Moor, the idea of maintaining the status quo, which he described as preserving alliances just “to shore Israeli apartheid” would be inconsistent with American ideals.
He rejected the notion of a possible path forward with Gadi Eisenkot, the leader of Israel’s opposition bloc, who recently received a mandate to form a government to replace Prime Minister Benjamin Netanyahu’s ruling coalition.
“Jewish Israelis are confronted with a difficult frame now,” Moor said. “They don’t have any credible leaders who aren’t also implicated in genocide or massive war crimes.”
Asked if he considered Hamas militants to be war criminals, he responded that “everybody who’s committed a war crime is a war criminal.” But he argued that naming Hamas as such would be irrelevant, as the Israeli military had already killed most Hamas combatants, including former leader Yahya Sinwar.
Fetterman was still posting on X this week about “disarming Hamas,” noting that “this vote and voice will always follow our special ally.” Fetterman’s office did not respond to a request for comment.
Moor characterized the senator as “in the rearview mirror for Democrats,” adding that “Fetterman’s story is finished.”
Hopkins, from Penn, disagreed with that conclusion, pointing out that “no one knows whether Fetterman will seek reelection,” and that if he does so, it’s also unclear “whether he will do that as a Democrat.” Hopkins acknowledged, however, that the senator’s vote would be less powerful when it comes to legislating because of the decisive Democratic majority.
As for other possible candidates, Hopkins is looking at potential contenders such as U.S. Rep. Chris Deluzio, who represents southwestern Pennsylvania residents in Beaver and Allegheny counties, including some Pittsburgh suburbs. He also named Conor Lamb, an attorney who served in Congress from 2018 to 2023.
Yost, from Franklin & Marshall, cited these names as well, while noting that “Fetterman has alienated a number of people in his party.”
“There’s been increasing dissatisfaction among his base, including people who voted for him,” added Yost, who directs the college’s Center for Opinion Research and its Floyd Institute for Public Policy.
But Yost also stressed that “running in a state like Pennsylvania for an office like the U.S. Senate is a significant undertaking” that requires large amounts of travel, networking and fundraising.
“Starting now is not a bad idea,” he said. “Two years will be here before you know it.”
Although voters might not be “dialed in” to the 2028 elections for a while, Penn’s Hopkins added that “now is the period of time when candidates are beginning to jockey.”
“One strategy by declaring early might be to try to tell other contenders who would be in your lane, ‘Hey, I’m in this lane,’” Hopkins said.
As for the chances of a Democratic socialist in a swing state like Pennsylvania, Hopkins didn’t rule Moor out but said that “any such individual would have an uphill climb.”
Another Democratic socialist who Moor said he finds inspiring, Chris Rabb, recently won a U.S. House seat in Pennsylvania, but he did so in a heavily Democratic district of Philadelphia, Hopkins noted.
“Pennsylvania has not often nominated candidates who are on the extremes of their party,” he said.
But Yost also acknowledged that “these days, people want to see non-politicians running,” so Moor’s novice status would not necessarily create a barrier to his success.
Despite his relative inexperience, Moor said he is reaching for the Senate seat due to his passion for foreign policy. He said he has concrete ideas for optimizing the military, by deflating a “bloated weapons program,” focusing more on drones and then reinvesting in both jobs programs and climate resilience initiatives.
Recognizing the mammoth expense that running in a state like Pennsylvania involves, Moor said that his fundraising efforts have started out strong, with a lot of “small-dollar” contributions, including from many Jewish donors.
Asked if he had a message for Jewish voters, Moor said that he would convey that “we’re Americans first” and that he believes “in the dignity agenda for all Americans.”
“Poverty is indifferent about whether you’re Jewish or Palestinian, Black, white, whatever,” he said.
This article originally appeared on JTA.org.
The post Ahmed Moor, John Fetterman’s first challenger, envisions ‘Palestine-Israel, from the river to the sea’ appeared first on The Forward.
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What Muhammad Ali taught me from his Jerusalem hotel
The one time I got to talk to Muhammad Ali was a summer evening when I was working at one of my favorite college internships — in the McClurg Court newsroom of WBBM Newsradio 78, the Chicago affiliate of CBS Radio.
The scene came to mind earlier this week when I released a new audio documentary called Broken Hologram about Ali and his brief stint as a Broadway star. But back then, I was one of a quartet of interns who included a cool girl from Hyde Park named Gwen Billings with whom I occasionally took lunch at a nearby hot dog stand and discussed important news figures like, say, Depeche Mode and The Smiths. There was also Linda, a hard-nosed news reporter in the mold of Holly Hunter in Broadcast News. Sometimes she came around to my cubicle and took sips of my Dr. Pepper. Not in a flirtatious way, more in a proto-Daniel Day-Lewis “I drink your milkshake” kind of way. There was a fratty guy named Scott who wore a class ring from (redacted). He went on to a lucrative career, just not in journalism. There was one other dude; he was from Crown Point, Indiana, but that’s just about all I remember.
My job consisted of answering phones, ripping wire copy from the AP and UPI machines, getting sources on the phone and calling every major fire and police station every night to see if there was a story to be reported (“Hi, Sergeant Kupka, it’s Adam from WBBM: Do you have anything working in your area?”).
Even though every sergeant told me the same thing every night, I kept calling because that’s what journalists do: You keep making the calls. In fact, I did pretty much whatever was asked of me, and turned feisty only when one of the few asshole reporters tried to get me to run downstairs to the loading area to fetch him a “Green Streak” edition of the Tribune so he could check on his stocks or intimated that my job description should include making him coffee.
“Sure could do with a cup o’ coffee right now, Adam.”
“Cool, why don’t you make yourself one?”
Note: The individual referred to is decidedly not John Cody, a truly great man who remains a friend to this day. (Fun fact: During Vietnam, John worked for Stars & Stripes alongside Seth Lipsky, founder of the English language edition of the Forward)
Nor am I referring to sports reporter Rich King, a prince of a man who always offered to get people sandwiches from the White Hen Pantry (“Anyone need anything from ‘The Hen?’”).
Sometimes, when the news day got super-slow — for example, when Notre Dame football coach Lou Holtz was in the studio doing a live call-in show — I passed the time by trying to guess the usually ridiculously easy passwords for the WBBM staff’s new computers and snooping in the reporters’ early version of email in a futile effort to find anything interesting. Apologies to the late Dale McCarren (DMC123).
I was working the evening shift when the top news story was about Father Lawrence Martin Jenco, a Catholic priest from Joliet, Illinois, who had been taken hostage in Beirut while he was working for a relief agency. Muhammad Ali was part of a delegation that had flown to the Middle East to try to arrange his release.
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My supervisor was a terrific guy named Duane Gray, an African-American Conservative who was big on conspiracy theories (“You should read this book. It’s called The Terror Network.”). He was a great manager and colleague who made sure that we kept to the schedule and that traffic, weather, sports and news headlines always came right when they were supposed to. On this particular night, Duane gave me a mission: “Get ‘The Champ’ on the phone.”
“Uh, how do I do that, Duane?”
“Call every hotel,” he said.
He scrawled a list of hotels in Tel Aviv and Jerusalem on a legal pad and I started calling Information to get their numbers. Advantage of working for a CBS affiliate: You got to make all the long-distance calls you wanted.
How many calls did I make? What were the names of all the hotels? I have no idea. But I do remember that one of them was the King David Hotel in Jerusalem because this time, when I asked to be transferred to Ali’s room, no one said, “Sorry, no one here by that name.”
Ali picked up. His voice had that raspy quality it got after he retired from boxing. “Hullo?”
“Hi, I’m calling from Newsradio 78. I was hoping one of our anchors could speak with you.”
“You’re calling from Chicago?” he asked.
“Yeah.”
“Man,” Ali told me, sounding weary but amiable. “It sounds like you’re calling from right next door.”
Duane could be a wise-ass and a cynic, but now he was star-struck. He sprang to his feet. “Is that the Champ?”
I nodded.
Duane grabbed the phone. “How’re you doin, Champ? You’re gonna be on with Dale McCarren. I’m gonna patch you through, Champ.” He gave me a hearty high-five.
Some time later — perhaps after a week, perhaps after two — when Madonna was in town for some concert, movie junket or photo shoot and Duane told me he wanted to get her on the air, I knew exactly what to do.
After I got her on the phone at her hotel and transferred the call to Duane, he shouted: “This kid,” he said, complimenting both me and his own managerial talent, “has the best news instincts of anyone in this newsroom!”
“Hello, Madonna?” Duane said into the phone. “You’re gonna be on with Dale; let me patch you through.”
The post What Muhammad Ali taught me from his Jerusalem hotel appeared first on The Forward.
