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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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Iranian Lawmakers Compare Trump to ‘Pharoah,’ Judiciary Chief Vows to ‘Punish’ US President
Cars burn in a street during an anti-regime protest in Tehran, Iran, Jan. 8, 2026. Photo: Stringer/WANA (West Asia News Agency) via REUTERS
Amid soaring tensions with the United States, Iranian lawmakers on Monday cast President Donald Trump as a modern-day Pharaoh and hailed Supreme Leader Ayatollah Ali Khamenei as Moses, framing the nation’s worst domestic crisis in years as a battle of biblical proportions.
During a parliamentary session, Iranian lawmakers vowed that Khamenei would “make Trump and his allies taste humiliation.”
“Our leader would drown you in the sea of the anger of believers and the oppressed of the world, to serve as a lesson for the arrogant world,” Parliament Speaker Mohammad Bagher Ghalibaf was quoted as saying by local media.
Ghalibaf also described the widespread anti‑government protests that have swept the country for weeks as an American‑Israeli plot and a “terrorist war,” claiming the unrest was being orchestrated to destabilize the state.
Tensions between Tehran and Washington have surged sharply in recent weeks, as Iranian security forces struggle to quell anti-regime protests and officials face mounting international pressure over the government’s brutal crackdown.
The nationwide protests, which began with a shopkeepers’ strike in Tehran on Dec. 28, initially reflected public anger over the soaring cost of living, a deepening economic crisis, and the rial — Iran’s currency — plummeting to record lows amid renewed economic sanctions, with annual inflation near 40 percent.
With demonstrations now stretching over three weeks, the protests have grown into a broader anti-government movement calling for the fall of Khamenei and Iranian President Masoud Pezeshkian and even a broader collapse of the country’s Islamist, authoritarian system.
On Sunday, Pezeshkian warned that any attempt to target the country’s supreme leader would amount to a declaration of war, accusing the United States of stoking mass protests that have thrown the nation into turmoil amid reports that Washington is weighing moves against the regime’s leadership.
“If there are hardship and constraints in the lives of the dear people of Iran, one of the main causes is the longstanding hostility and inhumane sanctions imposed by the US government and its allies,” the Iranian leader said in a statement.
The regime has escalated its threats following repeated statements by Trump, who has called for an end to Khamenei’s nearly four decades in power, labeled him “a sick man who should run his country properly and stop killing people,” and warned of possible strikes if the government’s brutal crackdown continues.
In response to Trump’s threats and mounting pressure, Iran’s judiciary chief, Gholamhossein Mohseni Ejei, has declared that authorities will seek to prosecute not only individuals accused of fueling the recent unrest but also foreign governments he blames for backing the protests.
“Those who called for it, those who provided financial support, propaganda or weapons — whether the United States, the Zionist regime or their agents — are all criminals and each of them must be held accountable,” Ejei told local media.
He even threatened to target Trump specifically.
“We will not abandon the pursuit and prosecution of the perpetrators of the recent crimes in domestic courts and through international channels,” the judiciary chief posted on the social media platform X. “The [resident of the United States, the ringleaders of the accursed Zionist regime, and other backers and supporters — both in terms of armaments and propaganda — of the criminals and terrorists behind the recent events are among the perpetrators who, in proportion to the extent and scale of their crimes, will be pursued, tried, and punished.”
Iranian officials have also dismissed Trump’s claims about halting execution sentences for protesters as “useless and baseless nonsense,” warning that the government’s response to the unrest will be “decisive, deterrent, and swift.”
Meanwhile, government officials have hailed victory over what they called one of “the most complex conspiracies ever launched by the enemies of” the country, while expressing deep gratitude to the “smart, noble, and perceptive” Iranian people.
However, the protests have not ceased, with violence continuing and tensions escalating.
The US-based group Human Rights Activists in Iran has confirmed 4,029 deaths during the protests, while the number of fatalities under review stands at 9,049. Additionally, at least 5,811 people have been injured the protests, and the total number of arrests stands at 26,015.
Iranian officials have put the death toll at 5,000 while some reports indicate the figure could be much higher. The Sunday Times, for example, obtained a new report from doctors on the ground, which states that at least 16,500 protesters have died and 330,000 have been injured.
The exact numbers are difficult to verify, as the regime has imposed an internet blackout across the country while imposing its crackdown.
On Monday, National Police Chief Ahmad-Reza Radan issued an ultimatum to protesters involved in what authorities called “riots,” warning they must surrender within three days or face the full force of the law, while urging young people “deceived” into the unrest to turn themselves in for lighter punishment.
Those “who became unwittingly involved in the riots are considered to be deceived individuals, not enemy soldiers, and will be treated with leniency,” Radan was quoted as saying by Iranian media.
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Former Biden Antisemitism Envoy Condemns Harris Campaign’s ‘Antisemitic Inquiry’ of Jewish Gov. Josh Shapiro
Pennsylvania Gov. Josh Shapiro delivers remarks at a bill signing event at Cheyney University, an HBCU in Cheyney, Pennsylvania, US, Aug. 2, 2024. Photo: Bastiaan Slabbers via Reuters Connect
The Biden administration’s deputy special envoy for combating antisemitism accused Kamala Harris’s 2024 presidential campaign of antisemitism following new revelations that the vetting process to determine her running mate for vice president involved grilling Pennsylvania Gov. Josh Shapiro, who is Jewish, on whether he was a “double agent” for Israel.
Jews should be “treated like any other American, regardless of religion, ethnicity, or race. That Gov. Josh Shapiro wrote that he was asked if he was a double agent of the world’s only Jewish state is an antisemitic inquiry,” Aaron Keyak, who also served as the “Jewish engagement director for the Biden-Harris presidential campaign in 2020, said in a statement.
Keyak suggested that Shapiro was “targeted by the staff of the presumptive Democratic presidential nominee” because of his religion, lamenting that the accusation represents a long line of incidents in which federal officials filling roles have “applied a double standard to American Jews during the vetting process.” He added that he had “personal experience” with being asked similar questions and that he has “heard from too many being asked similar questions over many years.”
The statement came after it was revealed that Shapiro was asked during the 2024 Democratic vice-presidential vetting process whether he had ever acted as a “double agent” of the Israeli government, a question he described as deeply offensive and emblematic of a broader problem in how pro-Israel views are sometimes treated in US politics.
In his forthcoming memoir, Where We Keep the Light, Shapiro reflects on being questioned by members of then-US Vice President Kamala Harris’s vetting team about his ties to Israel, including questions of whether he had ever communicated with Israeli intelligence or acted as a “double agent.” Shapiro writes that he immediately pushed back, telling the vetting aide that the question was “offensive” and echoed long-standing antisemitic tropes questioning Jewish Americans’ loyalty.
According to Shapiro, he was told the questions were standard procedure. But the governor, one of the Democratic Party’s most prominent Jewish elected officials, says the experience left him unsettled, particularly because of the historical baggage attached to such accusations.
Shapiro portrays the encounter as “unnecessarily contentious” and suggests in is memoir that no other candidate would be asked whether their faith or foreign policy views made them a secret agent of another country.
“Had I been a double agent for Israel? Was she kidding? I told her how offensive the question was,” Shapiro writes.
“Remus was just doing her job. I get it. But the fact that she asked, or was told to ask that question, by someone else, said a lot about some of the people around the VP,” the governor continues, referring to Dana Remus, a former White House counsel and member of the vetting team.
Shapiro claims that he felt bothered that the Harris team pressed him on his overarching worldview rather than the substance of his positions.
“It nagged at me that their questions weren’t really about substance,” Shapiro writes. “Rather, they were questioning my ideology, my approach, my world view.”
Shapiro also alleges that the Harris team asked whether he would be willing to apologize and walk back condemnations of pro-Hamas protesters on Pennsylvania college campuses. In the wake of Hamas’s Oct. 7, 2023, invasion of southern Israel, activists organized demonstrations celebrating the massacre and venerating the Palestinian terrorist group. Shapiro vigorously denounced the protesters, comparing them to the Ku Klux Klan. His response drew strong criticism from progressive corners of the Democratic Party, which accused him of harboring “anti-Palestinian racism.”
The controversy comes amid heightened political tensions in the Democratic Party over Israel following the Oct. 7 atrocities and the ensuing war in Gaza, which has intensified scrutiny of pro-Israel politicians, especially within progressive Democratic circles.
“The more I read about [Shapiro’s] treatment in the vetting process, the more disturbed I become,” Deborah Lipstadt, the former antisemitism envoy in the Biden administration, said in a post on X/Twitter. “These questions were classic antisemitism.”
Former longtime leader of the Anti-Defamation League Abraham Foxman echoed these condemnations on social media, calling the episode “very disturbing.”
“Aides focused on Israel to the extent he found it offensive. Something very troubling about our current political culture,” he wrote.
Shapiro ultimately was not selected as Harris’s running mate. Minnesota Gov. Tim Walz was chosen instead.
Harris, who served as vice president in the administration of former US President Joe Biden, lost the 2024 election to Donald Trump.
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‘Hands on Our Weapons’: Kataib Hezbollah in Iraq Threatens to Hit US Bases if Trump Strikes Iran
A vehicle carries the coffin of a commander from Iraq’s Kataib Hezbollah armed group who was killed in what they called a “Zionist attack” in the Syrian capital Damascus, during a funeral in Baghdad, Iraq, Sept. 22, 2024. Photo: REUTERS/Thaier Al-Sudani
Kataib Hezbollah, a US-designated terrorist group based in Iraq, has threatened to attack American military bases in the Middle East if President Donald Trump follows through on his threats to strike the Iranian regime in response to state violence against anti-government protesters.
“Kataib Hezbollah is part of the conflict between the United States of America and the Islamic Republic of Iran, and we will not stand on the sidelines. Our hands are on our weapons,” Abu Talib al-Saidi, a senior commander in the Iran-backed militia, told Shafaq News on Friday. He made the comments during a protest outside Iran’s embassy in Baghdad opposing Trump’s threats of military intervention against Tehran.
“During the 12-day war that America waged against Iran, there was a directive and mandate from [Iranian] Supreme Leader Ali Khamenei that we should not interfere in this war, but the situation now is completely different,” al-Saidi continued, referring to the Iran-Israel war last June, when the US struck Iranian nuclear sites following a devastating Israeli air campaign.
“The resistance’s missiles and drones are ready,” he added. “We have a high level of readiness and definitely in case the United States directs strikes on Iran, US bases in Iraq and neighboring countries will not be immune from our missiles and our planes.”
Kataib Hezbollah is part of Iraq’s Popular Mobilization Forces, a group of militias that are part of an official Iraqi security institution. According to the Washington Institute for Near East Policy, the Shiite terrorist group is “the premier militia in Iraq, operating under Iran’s direct command and fielding a wide range of cells responsible for kinetic, media, and social operations, some bankrolled by the Iraqi state.” The US government listed the organization as a Specially Designated Global Terrorist group on July 2, 2009, following a strike on troops in Iraq.
Al-Saidi’s warning followed repeated threats by Trump to target Iran in some manner in response to the regime’s deadly crackdown on protests, which began on Dec. 28 over economic hardships but quickly swelled into nationwide demonstrations calling for the downfall of the country’s Islamist, authoritarian system.
“We’re watching [the protests in Iran] very closely,” Trump told journalists aboard Air Force One on Jan. 4. “If they start killing people like they have in the past, I think they’re going to get hit very hard by the United States.”
The president’s top military advisers reportedly warned him that additional time would be needed to prepare for a potential attack on the regime.
On Jan. 11, Trump said that the US was willing to meet with Iranian officials and in touch with opposition leaders. Iranian Foreign Ministry spokesperson Esmaeil Baghaei said at the time that “the communication channel between our Foreign Minister Abbas Araqchi and the US special envoy [Steve Witkoff] is open and messages are exchanged whenever necessary.”
Two days later, Trump called on Iranian protesters to “take over your institutions” and suggested the US was prepared to take strong action against the regime.
“Iranian Patriots, KEEP PROTESTING – TAKE OVER YOUR INSTITUTIONS!!!” he posted on social media. “Save the names of the killers and abusers. They will pay a big price. I have canceled all meetings with Iranian Officials until the senseless killing of protesters STOPS. HELP IS ON ITS WAY. MIGA [Make Iran Great Again]!!!”
Last Wednesday, an anonymous US official told Reuters that the military had chosen to withdraw some personnel from military bases, a decision mirrored by the United Kingdom which pulled people from their posts in Qatar.
On Friday, Trump denied reports that pressure from Israel and Gulf Arab monarchies to reject a strike on Iran had influenced his decision not to strike yet. He told reporters on the White House lawn that “nobody convinced me. I convinced myself. You had yesterday scheduled over 800 hangings. They didn’t hang anyone. They canceled the hangings. That had a big impact.”
Khamenei and other Iranian officials have blamed Trump for the demonstrations.
The US-based group Human Rights Activists in Iran has confirmed 4,029 deaths during the protests, while the number of fatalities under review stands at 9,049. Additionally, at least 5,811 people have been injured the protests, and the total number of arrests stands at 26,015.
Iranian officials have put the death toll at 5,000 while some reports indicate the figure could be much higher. The Sunday Times, for example, obtained a new report from doctors on the ground, which states that at least 16,500 protesters have died and 330,000 have been injured,
Some Iraqi militia fighters, including members of Kataib Hezbollah, have reportedly aided the Iranian regime with the crackdown against protesters.