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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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At a national Jewish conference, a speaker said Muslims should ‘get the f— out’ of America. Its organizers won’t condemn him.
Islamophobic remarks made by a speaker during a national Jewish conference in Los Angeles have drawn condemnation from the city’s mayor. But national and local Jewish groups who organized and funded the program have largely remained silent.
Mosab Hassan Yousef, a former Israeli intelligence asset whose father is a Hamas co-founder, made the inflammatory comments Aug. 30 at the Jewish American Summit, an annual event organized by Aish LA, an Orthodox Jewish organization, and co-sponsored by more than a dozen other Jewish groups, including the local federation and the Anti-Defamation League.
Appearing onstage during the program for a live taping of the “Being Jewish” podcast alongside its host, Jonah Platt, Yousef — who converted from Islam to Christianity — went on a rant against his religion of birth.
“I don’t want Muslims in America,” Yousef said. “Get the f— out of the United States. Go back to the s—holes where you came from and reform your own countries.”
He also called Muhammad, the 7th-century founder of Islam, a “pedophile prophet.”
The jibes elicited a mix of laughter and applause from the crowd, according to video posted to social media — and then a wave of backlash after the clip spread on social media.
“Islamophobia has no place in Los Angeles,” Los Angeles Mayor Karen Bass wrote Sept. 4 on X. “I am horrified by the appalling rhetoric from Mosab Hassan Yousef at an event in Los Angeles this past weekend. The City of Los Angeles stands firmly with its Muslim community and fully condemns these vile remarks.”
Senator Adam Schiff, LA City Councilwoman Katy Yaroslavsky and County Supervisor Lindsey Horvath also disavowed the remarks, as did the Council of American-Islamic Relations. So did the liberal group Jewish Partnership for Los Angeles, whose director called on the conference’s sponsor groups “to make clear that they oppose anti-Muslim hate speech and commit to rejecting anyone who demeans and dehumanizes others from their platforms.”
But more than a week after the conference, neither Aish LA’s executive director, Rabbi Aryeh Markman, nor event co-founder Mike Drath, nor the parent Aish organization, an international Jewish outreach group headquartered in Jerusalem, has commented on the remarks. (None responded to inquiries.)
Meanwhile, the Jewish American Summit’s Instagram account has posted several clips from Yousef’s talk, though none of them contain the remarks related above.
Only two of the conference’s roughly 15 sponsors — many of which sent speakers to the event — disavowed Yousef’s remarks in response to the Forward’s inquiries. The Anti-Defamation League’s Los Angeles regional office called them “vile and unacceptable” in a statement.
And the Los Angeles Jewish federation said the rant was “hateful, indefensible, and contrary to everything the Jewish Federation stands for.” Like the ADL, it said it had no part in selecting the speakers. (Neither group has published its statement on its own channels.)
Platt said in an email that he was saving his response for the podcast episode containing their interview, which he said would be released later this month. Yousef did not respond to a request for comment.
Two of the sponsoring groups that did not respond to inquiries, like pro-Israel advocacy groups StopAntisemitism.org and StandWithUs, include fighting antisemitism in their mission.
Billed as a “national gathering for Jewish American strength, unity, and action,” the Jewish American Summit drew more than 1,000 people, according to one outlet in attendance. Its other speakers included U.S. Ambassador to Israel Mike Huckabee, Israeli Ambassador to the U.S. Yechiel Leiter and Steve Hilton, the Republican nominee for governor of California; a slew of pro-Israel influencers also appeared, including Zack Sage Fox and Rabbi Yossi Farro.
Yousef initially positioned himself as a moderate who wanted to draw attention to the suffering of Palestinians when he first forayed into writing and public speaking. He became a fixture on the Jewish speaking circuit for his harrowing life story — turning against his father to save Israeli lives — and his unsparing critique of Hamas.
Since Oct. 7, 2023, however, Yousef has adopted an increasingly radical stance on the region. During a 2025 event in Tel Aviv he said that “identifying as a Palestinian is identifying with something much more dangerous than a Nazi.”
In his talk with Platt, he shared his experience growing up as the son of Hamas co-founder Sheikh Hassan Yousef. Clips of his talk posted on the Jewish American Summit Instagram page show him discussing his father’s desire to kill Jews. He also blamed Egypt for refusing to open its border to Palestinian refugees after Oct. 7.
Conference sponsors paid between $5,000 and $100,000 to have their organization’s logos appear on promotional materials, according to the conference website.
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He photographed the defining image of 9/11 – and Jewish history for 50 years
Robert Cumins stood on his ninth-floor balcony in Verona, New Jersey, camera in hand, when he saw a plane heading toward Lower Manhattan. He figured it was just another flight out of Newark. He snapped two quick frames anyway — a plane against a skyline, nothing more — and kept watching.
Then came the fireball.
He had no idea, in that instant, that he had already taken the photograph that would define his career — that he was, in fact, photographing the last seconds of the 65 people aboard United Airlines Flight 175, en route from Boston to Los Angeles. He wouldn’t even remember the plane was in the frame until he saw the developed film an hour later. For that hour, he believed he only photographed the explosion, not the moments before.
Twenty-five years on, Cumins, now 78, still lives in that apartment. He still faces the same skyline — a skyline he has spent 25 years learning not to search for two towers that are no longer part of it.
That photograph made Cumins famous. It is one entry — the most-viewed one, certainly — in a career now entering its sixth decade, a career that has put him, again and again, at the edge of history he did not make.
He straightened Israeli Prime Minister Yitzhak Rabin’s bow tie backstage, 10 days before the prime minister was assassinated, then flew to Israel to photograph his funeral. He spent 10 days documenting Israeli Prime Minister Yitzhak Shamir. He stood close enough to photograph the signing of the Oslo Accords, the Camp David Accords, the Israel-Jordan peace treaty — three of the defining diplomatic moments of the modern Middle East.
Call him the Forrest Gump of Jewish history.
‘Turn around, kid’
Cumins’ workday on the morning of September 11, 2001, started with a red light.
He was driving down the hill from his apartment, headed out for coffee, when he stopped at the bottom and, out of habit, flipped on the radio. A WCBS helicopter reporter was already mid-report, something about a tower. By the time the light turned green, an anchor had cut in with the words: the World Trade Center.
Cumins turned the car around. He drove back up the hill. The elevator was sitting there, waiting. He rode up to the ninth floor. Before he was all the way inside his apartment, he could already see smoke pouring off the North Tower, 15 miles across the water. He ran for his camera, loading film and changing lenses as he crossed the living room toward the balcony.
He got there at 9:03 a.m. — four and a half minutes after the stoplight turned green. He’s gone over that stretch of time so often he can repeat it without thinking. A slower elevator, and he never gets the shot.
Cumins believes it was his mother, who died about a month before 9/11, who led the way. “Sometimes I say it was a spiritual thing,” he said. “She was watching over me at that red light. ‘Turn around, kid. This is big.’”
A convertible and a Kinko’s
By the time Cumins got his film to the photo lab in New Milford, he had already forgotten about the plane entirely. The fireball, he remembered — that part was impossible to forget. The plane itself, the thing he’d actually pointed his camera at, was gone from his mind completely.
Cumins stood over the technician’s shoulder as the scanner worked backward through the roll of Kodak film — 19 frames total — hunting for the explosion. They found it. Then he asked to see the beginning of the roll.
The first frame showed the plane against the skyline, smoke already rising from the first tower. In the next, a red dot flared just above the plane’s tail. Then came the explosion. The moment took three frames of film. Getting the picture to an editor took the rest of the day.
Cumins called his agent, who reached an editor at People — the magazine wanted the image immediately, as large as he could send it. Cumins had an AOL account with a 16-megabyte limit. Every file he tried to send bounced back, too big.
He hopped in his Audi TT convertible, top up, and sped to a Kinko’s on Route 3 in Clifton, and spent the day with a store clerk, the two of them trying to coax something too large through a connection too small. Confirmation came at 9 p.m., just ahead of deadline. The photo ran on People’s cover as a double-page foldout.
The top of his car stayed closed for weeks after that. “I could not bring myself to put down the roof,” Cumins said, “to enjoy the simple pleasures of light and fresh air during such a dark time.”
Documenting modern Jewish history
Cumins built a career on trust. At 14, he sent a telegram to President John F. Kennedy’s press secretary asking to visit Washington. The press secretary said yes. It wouldn’t be the last time a powerful person said yes to him.
It was almost by accident that his persuasiveness led him into Jewish photography at all. In 1970, a colleague asked him to shoot a Jewish Federation breakfast in Miami. His first Jewish communal assignment — a parlor meeting in a private home in Elizabeth, New Jersey — followed a few months later. It was the first of hundreds. Over the next five decades, he photographed scores of events and made roughly 250 trips to Israel, building trust as he went.
In 1988, that trust bought him 10 days inside Yitzhak Shamir’s daily life — meetings and meals, including moments when no one else was in the room. “He was very kind to me,” Cumins recalled. The photographs ran in The New York Times Magazine, in Life and in newspapers across the globe.
In October 1995, Cumins was backstage at a black-tie reception in Washington when he noticed Yitzhak Rabin’s borrowed bow tie had come loose from his collar. Cumins walked over and fixed it. “I had spent a lot of time previously with Rabin,” he said. “Otherwise, I would never have gotten near his neck.”
Ten days later, Rabin was assassinated. Cumins flew to Israel and back in a single day to photograph the funeral — soldiers saluting the casket, an aide reading from the blood-stained speech recovered from Rabin’s jacket. Two weeks before, at that reception in Washington, he’d photographed President Bill Clinton and Leah Rabin laughing together. Now he photographed Clinton consoling her as a widow — two photos, worlds apart, taken by the same man.
Even after 9/11 made him famous, Cumins kept doing what he had always done. He signed on as one of Hillary Clinton’s photographers during her first Senate campaign. After she won, he asked to come along, at his own expense, when she made her first trip to Israel as senator. He wanted total access. He got it, as he generally did.
On that trip in 2002, in Prime Minister Ariel Sharon’s office, Clinton introduced Cumins to those gathered: “Mr. Cumins, he took the great picture of 9/11,” she said. Later that trip, at a dinner in Tel Aviv, Cumins caught a quiet moment between Clinton and Shimon Peres, one of his more striking portraits.
‘Split second of innocence’
Somewhere along the way, the work of chronicling history gave way to the work of storing it.
What’s left of his archive now sits in a couple of private storage units in New Jersey — roughly 600 square feet of file cabinets and boxes, labeled by project, holding a record of Jewish and Middle East history that exists nowhere else. It has cost what Cumins describes as “a fortune” over the years. He’s hoping a philanthropist will buy the collection and gift it to an institution built to care for things longer than any one person can. He hasn’t found one yet.
In the meantime, he’s still in the same ninth-floor apartment in Verona, still facing the same Manhattan skyline. He photographs it constantly — beautiful sunrises and sunsets, weather rolling in over the water — and he says there’s almost always a plane somewhere in the frame, whether he’s trying to catch one or not.
Cumins has a phrase for what he photographed 25 years ago: “the final split second of innocence” this country ever had. Between the first plane and the second, there were 17 minutes in which the country still believed, or wanted to believe, that this might be an accident.
Then reality hit. The U.S. was under attack. Life would never be the same, especially for the man who captured that moment in history.
Some photographs you take. Others, it turns out, take you — and don’t ever quite let go.
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Portuguese artists pull out of Jerry Seinfeld-headlined festival
(JTA) — Several Portuguese artists have dropped out of a comedy festival in Lisbon headlined by Jerry Seinfeld, citing their support for Palestinians and implying opposition to Seinfeld’s support for Israel.
At least six acts over recent days have canceled their appearances at the MEO Commedia a La Carte Fest, a new international comedy festival in the Portuguese capital. The event from Oct. 29 to Nov. 1 has advertised that it will host Seinfeld’s first live appearance in Portugal.
Though none of the artists who withdrew mentioned Seinfeld by name, some hinted at a boycott against his pro-Israel views. The Jewish comedian has become one of Hollywood’s most prominent advocates for Israel since October 2023.
Actress and comedian Inês Aires Pereira announced on Instagram on Saturday that “one of the names” featured at the festival “persistently defends ideas and acts that I consider indefensible,” adding, “We cannot relativize or normalize a genocide.”
The comedy duo Cebola Mol posted a graphic of themselves with a watermelon, widely recognized as a symbol of solidarity with Palestinians. “We will celebrate justice, freedom and joy with you on another occasion,” they said on Instagram.
The festival announced on Friday that performances by the groups Tributo Pop and Conjunto Cuca Monga were also canceled, but did not provide reasons. Two other acts, comedian Pedro Tochas and visual artist Vhils, shared their cancellations on Instagram without further details.
Seinfeld has aligned himself with Israel during its current conflict in Gaza, following decades of largely avoiding commenting on political issues. He visited Israel in December 2023 to meet with the families of hostages seized by Hamas on Oct. 7 of that year. Since then, he has attracted attention for a series of dismissive remarks toward pro-Palestinian advocates.
During an appearance last year at Duke University, Seinfeld compared pro-Palestinian activists with the Ku Klux Klan, saying, “The Klan is actually a little better here because they can come right out and say, ‘We don’t like Blacks, we don’t like Jews.’ OK, that’s honest.”
Representatives of Seinfeld and producers of the MEO Commedia a La Carte Fest did not immediately respond to requests for comment.
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