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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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Jake Lang led a protest against Mamdani and Muslims. Then the Nazis showed up to protest him.
Far-right activist Jake Lang led a march last week protesting Mayor Zohran Mamdani’s presence at the 9/11 25th anniversary memorial ceremony. The protest attracted swastika-sporting men describing themselves as Nazis; they were there to counterprotest Lang, whose mother is Jewish.
Around 100 demonstrators attended Lang’s march, which happened blocks away from the ceremony held at Ground Zero. Lang described the march on X as a “Great CRUSADE on Muslim SCUM Zohran Mamdani.”
The “crusade” was laden with anti-Muslim messaging, including a poster reading “Deport All Muslims.” About 40 counter-protesters arrived to oppose Lang. While most were antiracist protesters, seven were neo-Nazis. One counter-protester got into a physical altercation with someone from Lang’s march.
Lang is best known for his role in the Jan. 6 insurrection. He spent four years in prison, facing assault charges for attacking a police officer with a baseball bat, before being pardoned by President Donald Trump. In August, Lang lost a campaign to secure a Republican congressional nomination in Florida.
Though Lang’s mother is Jewish, he identifies as Christian, and has brandished wooden crosses at his marches, some of which he called “Christian Crusades.” Lang has publicly renounced his Judaism and the state of Israel, burning a copy of the Talmud and performing a Heil Hitler salute outside the AIPAC headquarters in D.C.
Nevertheless, seven men wearing swastika armbands — and one clad in an Elmo suit draped with a Palestinian flag as a cape — stood near Lang’s march holding a sign reading, “Jake Lang is a Jew.”
The men performed Sieg Heil salutes and, in an unusual move for self-identifying Nazis, chanted “Free, free Palestine,” alongside the declaration, “We are the real racists.” They passed out flyers reading “no more wars for Jews” and ranted about American soldiers lost in battles they said were directed by Israel.
“I want them out of our government,” said one of the men, Gregory Conte, a former schoolteacher who was fired for his white-nationalist ties. “And not just Zionists — Jews.”
The swastika-clad men drew a bevy of critics, including one man who told them, “I agree Israel did 9/11, but you guys are Nazis, man, you guys brought them to Palestine.”
One person filming the protest asked Conte, “Do you hate Jewish people?” He replied: “I’ve never had one do a good thing for me.” Conte then asked whether the man behind the camera was Jewish and he said he was; Conte refused to speak to him further, stating that he does not talk to Jews.
Footage showed Conte on the subway, this time without his armband, talking about how “Jake Lang is trying to start a war.” Independent journalist Talia Jane asked him, “Want to show them your armband?” Conte declined to take it out.
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Why antisemites are shopping in the kosher aisle
“I had sex with a Jewish billionaire and made him tell me why nobody in their family is fat.”
This is the opening line of an eight-minute viral AI video hawking an oregano oil supplement, claiming it is the closely guarded Jewish secret to svelte physiques.
The animated video, which is entirely in song, features a Black woman — the narrator who has sex with the Jewish billionaire — who works for a wealthy Jewish family that includes both black-hatted Orthodox men and women wearing kippot, a practice unheard of in Orthodox circles.
The woman sings about her confusion over the family’s slim physiques despite the fact that they never exercise and eat big meals of brisket and “challah bread” (incorrectly pronounced with a hard “ch”). But when she begins a romance with the son, they reveal that they all take an oregano oil supplement that gets rid of the “parasites” that regular Americans get “from food, water — everywhere.” The woman begins to take the oil and gives it to her mother; both become magically healthy.
The ads seem like an outgrowth of the popularity of the term goyslop, the false conspiracy that Jews are feeding the masses heavily processed, nutritionally bankrupt foods in order to weaken non-Jews so they are easier to control. (Jews in this conspiratorial universe run the world, of course.) The implied flipside, it seems, is that Jews eat secret, incredibly healthy, strengthening sustenance, which remains hidden from everyone else.
Goyslop isn’t a new idea; in fact, the idea that Jews had a secret food that kept them healthier than everyone else is part of old Russian folklore. But the term found mass visibility thanks to the mainstreaming of scientifically dubious alternative health ideology popularized by Robert F. Kennedy Jr., and is particularly popular among naturopathic health influencers who are skeptical of pasteurization and Western medicine. (RFK has not himself used the term.)
Perhaps it shouldn’t be surprising, then, that some conspiratorial influencers are advising their followers to look for a few supposedly secret symbols in the grocery store that they believe prove the food is safer and higher quality: hechshers.
“If you look on the labels, you’ll see a ‘U’ in the corner, or sometimes it’ll say kosher,” said one influencer in a viral video of this ilk. “If the 🧃 are eating and drinking it, it’s a lot safer than the food that they’re giving us.” She also warns against eating pork and encourages her followers to shop in the kosher aisle. (The influencer bleeps out the word “Jews” in her video, and replaces it in the closed captions with a juicebox emoji, referencing a common code — “juice” — that antisemites often use to talk about Jews while avoiding censorship.)
“Goyslop is the poison that they feed us, goyim, we’re the cattle, we’re subhuman to these people,” said antisemitic influencer Ryan Matta, in another guide to the grocery store pointing out hechshers. “So if you’re not getting the bottles that are labeled with the K or the special label, then it’s not kosher. And if it’s not kosher, it’s poison.”
(Matta, who does not seem to understand any actual rules of kosher, spends much of the video trying to find a kosher version of his preferred pasta sauce flavor: Italian sausage.)
Resilia, the company hawking its supplements in the ad, has made numerous AI singing ads; many have received multiple millions of views. The ads aren’t always about Jews; one — confusingly for a product supposed to make you healthier — features a decrepit singing skeleton. Others namedrop different ethnic groups like Norwegians. Almost all of them involve cheating or illicit affairs, as is common in AI-generated videos posted across the internet, many of which feature soap operas starring families of fruit or sodas.
But more than one of the Resilia ads features Jews hiding health secrets. Another one, with 4.3 million views on YouTube, has nearly the same plot as the first, just gender-swapped — a male gardener has an affair with the wife of a Jewish billionaire who, after making him promise to keep it secret, tells him that Resilia’s garlic supplements are the key to the family’s heart health and lack of diabetes.
Goyslop has become a casual and ubiquitous meme — teenagers throw it around to refer to low-quality food like chips or hot dogs, but also bad movies and TV. They are often blaming corporations, not Jews, for feeding the masses swill. They’re also, almost always at least, joking.
Still, the underlying idea — that unhealthy food is somehow, nefariously, connected to Jews — persists through the language, even if the majority of jokesters don’t understand the reference.
Perhaps that’s how we got the Resilia ad about secret Jewish oregano oil supplements. It’s not clear if the company purposefully inserted Jewish content into some of their ads; the AI customer service bot on the company website denied any relationship to Judaism. Resilia is purported to have thousands of these AI singing ads, so the Jewish narrative may purely be a result of the algorithmic machine resurfacing the antisemitism it consumed in its training data.
In any case, however healthy the supplements Resilia sells might claim to be, the ad is its own form of slop — AI slop.
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Israel’s culture minister called this documentary about IDF tactics ‘vile.’ It deserves to be seen.
VENICE — At its premiere here last week, towards the end of the 83th Venice International Film Festival, Naza, Yuval Abraham and Rachel Szor’s documentary about Israel’s killing of Palestinian civilians in Gaza, received a 25-minute-long standing ovation, a record at the festival. Two nights later, the film won the festival’s Special Jury Prize. By Sunday, Israel’s culture minister, Miki Zohar, was calling the film “vile,” describing it as treason and threatening to revoke its directors’ citizenship. Zohar invoked his reform of cinema funding, saying Israelis should no longer have to pay for work that harms the army and the state.
I left the press screening of Naza angry, depressed and utterly convinced of its importance. Its account of the procedures that govern the deaths of civilians is devastating precisely because so much of the testimony sounds like people describing an ordinary working day. The film will have its North American premiere at the New York Film Festival on Sept. 26. It deserves to be seen, and debated with considerably more patience than some of its detractors have displayed.
Venice has traditionally worn its politics more lightly than Berlin, where a filmmaker’s acceptance speech can cause an international incident. This year, however, festival director Alberto Barbera programmed a competition that invited controversy. Alongside Naza was Ilya Khrzhanovsky’s DAU, which drew Ukrainian objections over the production’s Russian connections (including to Sergei Adoniev, a businessman who has been sanctioned by Ukraine and the U.S.) In the run-up to the festival, Barbera defended DAU as a denunciation of totalitarianism. Both films are international productions by directors whose countries have become objects of international opprobrium. Both venture into their societies’ heart of darkness. Barbera deserves enormous credit for programming them both in the main section of the world’s oldest film festival despite the objections of many.
Berlin supplies a cautionary precedent. No Other Land, the Oscar-winning documentary Abraham and Szor made with Palestinians Basel Adra and Hamdan Ballal, premiered there in 2024, where it won the festival’s documentary prize. After Abraham and Adra gave speeches condemning Israel’s policy of apartheid in the West Bank, the German culture minister Claudia Roth, caught on camera applauding at the ceremony, clarified that her applause had been intended for the Israeli director. I shudder to imagine the official response Naza might have elicited there. Venice at least offered an opportunity to discuss what was on screen.
The film, which presents testimonies from 24 serving and former military personnel, grew out of years of investigative reporting. Produced by the British newspaper the Guardian and JW Films, in collaboration with the Israeli-Palestinian magazine +972 and its news website Local Call, it builds on Abraham’s investigations into Israeli intelligence and his work with Guardian journalist Harry Davies. Revelations about targeting systems had appeared in print while filming was underway and were subsequently reported on by both The New York Times and Washington Post. All this means that the disclosures made in Naza are not brand new. However, the stark, focused and lean approach that Abraham and Szor take in the documentary ensure that the information hits home with chilling force.
The film’s unusual title is the Hebrew term for collateral damage — specifically, the anticipated civilian toll of a military strike in Gaza. Speaking to Abraham from a series of Tel Aviv rooftops at night, the interviewees, whose appearances and voices are digitally disguised, explain with patient detachment how targets in Gaza are identified and eliminated. One of the tools used to identify suspected militants is an AI system called Lavender. The frightening efficiency of such technology is discussed alongside the human decisions that determine what constitutes an acceptable loss.
One of the most disturbing claims has prompted a specific military rebuttal. An interviewee says a strike was once approved with 500 civilian deaths anticipated; he does not know how many were actually killed. The IDF claims it has never planned, approved or conducted a strike expecting anything near that toll, and challenges the filmmakers’ ability to verify the account. It also maintains that humans authorize strikes and questions the witnesses’ competence to discuss broader strategy.
The film’s restraint gives incendiary testimony such as this time to register. For the majority of the film, we only glimpse the interviewees’ faces in silhouette and watch as they crudely draw diagrams to explain the logistics of a military strike, say, on a crowded building. Every so often the camera wanders off the roof, peering into the illuminated homes and high-rise office buildings of Tel Aviv at night. The point is precisely to convey an unsettling sense of normalcy.
I was particularly struck by the absence of the racist invective I had half expected. Some interviewees describe themselves as educated, liberal people. Their accounts nevertheless reveal a callous disregard for civilian causalities. One recalls the pleasure of a job well done. “It’s so much fun,” he says of reaching his targets and we hear in his voice how the remote killings he takes part in gives him an indescribable rush. After a pause, he tells Abraham that as someone raised in the Israeli context, someone who had got to visit the death camps in Poland, he always considered and asked himself how they could do what they did. “For me the Nazis are evil,” he says. “So what does that make me?” It is perhaps the film’s most damning exchange.
One of Naza’s strength as a documentary is that it does not demand agreement that Israel is committing war crimes, including genocide, before its investigation begins. That gives it a chance to reach people who have defended Israel and remain capable of reconsidering their position.
Some of the most vociferous criticism of Naza has not come from IDF spokesmen or other Israeli officials. Almost immediately after the premiere, footage from the film’s lengthy ovation (where Abraham and Szor stand looking intensely uncomfortable and withdrawn) went viral, with numerous commentators on X and other platforms making ugly accusations against the filmmakers, including for granting anonymity to the whistleblowers who feature in the film.
“A viscerally nauseating spectacle. Imagine SS officers, shielded and protected by anonymity, getting a 25-minute standing ovation for recounting their tortures and murders. Criminal perpetrators should only be heard at their trials not at gala celebrations,” read one tweet that has been viewed close to 150,000 times. Though the language of that post is particularly incendiary, the sentiment it expresses is surprisingly widespread on social media.
Confidentiality was a condition of obtaining these accounts, a standard journalistic arrangement that confers no clemency. At the press conference, Abraham described that his sources were motivated variously by remorse and professional pride. He affirmed that his goal was to keep the victims of Gaza at the film’s center — and not to congratulate its witnesses.
The tenor of this debate recalls Nadav Lapid’s withdrawal from the Marseille film festival in June after boycott calls. His Yes, an infernal satire of post-Oct. 7 society, is a ferocious attack on Israeli complacency. It would take considerable ingenuity or imagination to claim that either it or Naza is an apology for Israel.
Accepting his award in Venice, Abraham said that he made Naza because “the denial of a crime is what helps it persist.” He later pledged to distribute the film as widely as possible in Israel. The interviewees, he explained, “spoke in Hebrew because they wanted to reach out to the Israeli public.” Not surprisingly, the film, sight unseen, has already been widely condemned within Israel. Former defense minister and opposition politician Avigdor Lieberman called the directors “haters of Israel” and accused them of turning Oct. 7 into a blood libel. Such accusations should make the necessity to reach Israeli viewers even more urgent.
Days after the film’s victory in Venice, Haaretz ran an editorial with the blunt headline, “Israelis Must Finally Confront What Israel Has Done in Gaza.” After years of trying to “air dirty laundry at home” with limited success, Abraham and Szor now had found in the Venice Film Festival a major platform where the conclusions of their investigations were impossible to ignore. The editorial’s key sentence is also its shortest: “Israel’s problem is not public relations, but reality.”
Naza only leaves the rooftops of Tel Aviv for two brief occasions. In the first of these, we see archival footage of a young Benjamin Netanyahu promoting his 1995 book Fighting Terrorism: How Democracies Can Defeat Domestic and International Terrorism, In the clip, a much-younger Netanyahu defines terrorism as a policy of deliberately killing and maiming civilians to advance political goals. Bibi’s words hang uncomfortably over the rest of the film, inviting and daring viewers to draw their own conclusions.
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