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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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FBI charges 8 tied to U of Michigan pro-Palestinian movement with threatening officials, Jewish federation
(JTA) — The FBI arrested eight pro-Palestinian demonstrators connected to the University of Michigan Wednesday, charging them with conspiracy to threaten university leaders and their families as part of a pressure campaign to get the school to divest from Israel.
The charges were filed May 20 and unsealed Wednesday following arrests in multiple states. According to the charging documents, the defendants “used encrypted messages, social media platforms, and overseas collaboration platforms to research, target, and attack their victims.” The Jewish Federation of Metropolitan Detroit was included in the indictment as one target of the demonstrators.
The charging documents allege that the eight defendants hunted down information about multiple targets; described to each other how they would “kill,” “torment,” and “terrorize” their targets; and carried out some of their plans.
In one message, Ahmet Korkaya, who was at the time a medical student, allegedly wrote to another defendant about a member of the university’s Board of Regents that he would “poison her ass slowly.” His co-defendant allegedly replied that the group needed to “get into that house then burn it down.”
“In America, we rule by law not by fear. These alleged threats and attempts to terrorize government officials, businesses, and the Jewish Federation are anti-American,” U.S. Attorney Jerome F. Gorgon Jr., of the FBI’s Detroit office said in a statement.
The eight people charged include three men and five women all between the ages of 21 and 28. They were arrested in multiple locations in Michigan as well as in Chicago and Milwaukee.
The indictment alleges that the defendants were responsible for vandalism of the Jewish federation building on Oct. 7, 2024, the first anniversary of the Hamas attack on Israel.
In addition to the federation, the targets named in the indictment include the university’s former president, Santa Ono; its chief investment officer and provost; members of its Board of Regents and their businesses; a campus police officer; and multiple companies.
The TAHRIR Coalition, a pro-Palestinian collective at the University of Michigan that has coordinated much of the campus’s protest activity, rallied supporters Wednesday to protest outside courthouses in Detroit and Milwaukee where the suspects had been detained.
Jordan Acker, a Jewish university regent, is not named in the indictment. But one of the incidents described is the vandalism of his law office in June 2024. (Acker’s car was also vandalized with pro-Palestinian grafitti while he and his children were home, just a few months later.)
Acker did not return a Jewish Telegraphic Agency request for comment. A spokesperson for the Jewish federation declined to comment.
Federal and state authorities raided three homes belonging to campus protesters in April 2025 as part of a federal probe into acts of vandalism cited in the indictment.
The unsealed indictment represents the second major set of charges made against a group of pro-Palestinian protesters at the university. In May 2025, Michigan Attorney General Dana Nessel dropped state charges she had filed against seven pro-Palestinian student protesters — a different group from those arrested Wednesday. Nessel’s charges, brought the previous September, were related to the protesters’ participation in university encampments in May 2024. The attorney who defended the protesters, Amir Makled, bested Acker for the state Democratic Party’s nomination for a university oversight position this spring.
Nessel’s office was listed by the FBI as having provided “assistance” on the investigation. Reached for comment, a spokesperson for the state attorney general told JTA the office “was not involved in today’s warrant operations.”
This article originally appeared on JTA.org.
The post FBI charges 8 tied to U of Michigan pro-Palestinian movement with threatening officials, Jewish federation appeared first on The Forward.
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This Israeli filmmaker harshly criticizes his country. Pro-Palestinian activists boycotted him anyway
(JTA) — Earlier this year Nadav Lapid, the award-winning Israeli dissident filmmaker, traveled with his son to Marseille for a screening of his latest film. He fell in love.
“This city reminded me of Tel Aviv, in a way, with the beach and everything,” he recounted Wednesday to the Jewish Telegraphic Agency — referring to the city he no longer lives in, having built a career with movies that take sharp aim at what he calls the “moral abyss” of Israeli society. When a Marseille film festival then invited him to serve on its jury for its upcoming installment in July, he readily accepted.
Then the boycotts started. Last month around a dozen pro-Palestinian filmmakers threatened to pull out of the upcoming Marseille International Film Festival over Lapid’s planned participation because, they said, he had accepted funding from the Israeli government to support his work. (Lapid’s movies, including his latest, have received funding from Israel’s film fund.) Following this, according to the accounts of both Lapid and the festival’s director, the festival had second thoughts about him serving on the jury.
While the festival offered him the opportunity to participate in a public master class instead, Lapid said, the protesters hadn’t relented: “It’s not enough for these people.”
Frustrated, the director earlier this week decided to pull out of the festival altogether. He’s not happy about it.
“To make people like myself the enemy when the actual state of things is so terrible, it’s insanity. It’s stupidity,” he told JTA. “For them, the highest triumph of the Palestinian cause is if they will cancel my master class in Marseille? I think it’s pathetic.”
Lapid has received a groundswell of support this week: Natalie Portman and hundreds of other film-industry figures have signed open letters criticizing the boycotts against him. While he’s uncomfortable with being in the spotlight for reasons unrelated to his films, Lapid said he’s pleased with this outcome.
“You could have composed an unbelievable cinematic program from only the filmmakers that texted me during the last hour,” he said.
Even so, the filmmaker says, he’s now unsure if he is still welcome in France as a dissident Israeli.
“I asked myself whether they would like me to stop doing movies, or to leave France,” he told JTA. Elsewhere, he’s described himself as “homeless.”
It’s the latest unspooling of painful dynamics around artistic boycotts of artists and institutions seen by the left as normalizing Israel. Last month another French cultural figure, the Jewish comics artist Joann Sfar (“The Rabbi’s Cat”), faced calls to boycott his presence at a literary festival, also in Marseille. In its justification, a pro-Palestinian artist collective, pushing an Instagram post reading “Zionists out of our city,” cited Sfar’s signing of an open letter last year that argued a Palestinian state should not be recognized unless Hamas could be disarmed and Gaza’s Israeli hostages freed.
In recent months, in addition to broader boycotts of the Israeli film and TV industry, several leading cultural critics of Israel — both Jewish and not — have been targeted as well. Those include bestselling author Sally Rooney for publishing a Hebrew-language translation of her novel with a left-wing Israeli publisher (some prominent activists accused her of exploiting a “loophole” in the Boycott, Divestment, Sanctions movement against Israel); Jewish Currents editor Peter Beinart for speaking at Tel Aviv University; and Jewish author Joshua Leifer for associating with a “Zionist” rabbi at a book event.
In Lapid’s case, the group organizing against him, La Palestine Sauvera Le Cinéma, argued that “Nadav Lapid is not being targeted because of his Israeli nationality.”
Instead, the collective asserted, their objection was due to Lapid having accepted funding from Israel to complete his latest film, “Yes!”; the fact that the film premiered at the Cannes Film Festival as an Israeli co-production and competed for Israel’s highest film awards; and Lapid’s past participation in an Israeli film festival in Paris.
“The cultural boycott does not target artists because of their nationality or personal opinions,” the filmmakers wrote, in French, in a blog post. “What is at issue here is the reality of their integration into the institutional and political structures of the Israeli state.”
For Lapid, whose new movie follows Israeli musicians hired to write an openly genocidal post-Oct. 7 anthem for their nation, this argument doesn’t hold water. Lapid has long been critical of cultural boycotts, including BDS. Such measures, he told JTA, are a form of “dogmatic Stalinism” and don’t “move one piece of sand” in Israel.
“I became a test case of purity,” he mused.
Others agree. More than 350 entertainment industry figures signed the first of two open letters in the French newspaper Le Monde backing him, which was published Sunday.
“Inviting an artist to a festival does not make them a cultural ambassador,” the letter reads, in French, decrying a “campaign of intimidation” against Lapid while also noting what the signatories said was the “genocidal logic” of Israel’s campaign in Gaza.
Among this letter’s signatories were Justine Triet and Arthur Harari, the Oscar-winning team behind “Anatomy of a Fall”; Harari is Jewish and a critic of Israel himself. Arnaud Desplechin, a French filmmaker who often features Jewish characters in his work, also signed. Other signers include acclaimed directors Claire Denis, Mati Diop, and Kleber Mendonça Filho; Romanian director Radu Jude, whose films have explored his country’s complicity in the Holocaust; and Palestinian historian Elias Sanbar.
A second open letter, published on Monday, calls the campaign against Lapid an “intellectual failure” and states, “No matter what crimes a state may commit, no one should be reduced to a passport.” It was signed by a smaller cohort of 10 names, including Portman; French-Jewish director Rebecca Zlotowski; and Oscar-winning filmmakers Jacques Audiard and Michel Hazanavicius.
Like Lapid, Portman — an Israeli-American actress who is one of the most prominent Jews in Hollywood — is a longtime critic of the Israeli government and opponent of the BDS movement.
Creative Community For Peace, a pro-Israel entertainment group, said Wednesday its members also oppose the boycott of Lapid, adding that Israel “funds, screens, and honors films that challenge its leaders, criticize its society, and engage openly with its most difficult debates.”
Unusually, the Marseille festival’s own director, Tsveta Dobreva, also signed one of the open letters in support of Lapid after she appeared to acquiesce to the earlier demands to pull him from the jury.
In an email, Dobreva told JTA her festival “fully supports Nadav Lapid,” saying that she had removed him from the jury out of concern he would be targeted at the event. She did not believe she had “agreed to the boycotters’ demands,” she said.
“Few festivals or cultural institutions in our days have the courage to extend invitations that may provoke controversy, and we stand with Nadav in believing that this form of self-censorship must be resisted, as it only contributes to the problem,” Dobreva wrote.
Lapid intends his next movie to be a follow-up to “Synonyms,” his 2019 film about an Israeli expat in Paris that won the top prize at the Berlin Film Festival. The Marseille festival is scheduled for July, but he says now he has no intention of going: “I’ll find other beaches.”
The post This Israeli filmmaker harshly criticizes his country. Pro-Palestinian activists boycotted him anyway appeared first on The Forward.
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Trump is imagining an Israel after Netanyahu. So are many Israelis. Netanyahu isn’t biting.
(JTA) — The party of Israeli Prime Minister Benjamin Netanyahu has rejected speculation that he might not run in Israel’s election this fall, following an offhand comment by U.S. President Donald Trump.
On Tuesday, ABC correspondent Jonathan Karl tweeted that Trump had told him he was unsure if Netanyahu wanted to press forward in the elections.
“He’s had an amazing career,” Trump said, according to Karl. “Does he want to continue? Because, you know, he’s a wartime prime minister. We will very shortly win the war one way or the other, and you know he’s a wartime prime minister.”
Netanyahu has been prime minister for more than 15 of the last 17 years, losing power only briefly in 2021 and 2022. Israel’s current wars began on Oct. 7, 2023, when Hamas attacked Israel, triggering regional conflict that has grown to include a joint U.S.-Israeli war with Iran.
Trump’s reported comments left some wondering whether he knew something they did not, amid polling suggesting that Netanyahu will struggle to secure enough votes to put together a governing coalition after elections this fall. Could Trump know that Netanyahu is considering suspending his already-active campaign? Or could Trump, who this week told the BBC that Netanyahu does anything the U.S. president tells him to, be planning to order his Israeli counterpart to stand down amid growing anti-Israel sentiment in the United States?
Netanyahu’s Likud party soon demolished the idea. “Prime Minister Netanyahu will run in the upcoming elections — and with God’s help, he will win,” the party posted Wednesday on X.
Only a minority of Israelis were primed to appreciate the declaration, according to a poll released this week by the Israel Democracy Institute. It found that 61% of Israelis, including 27% of Likud members, do not want to see Netanyahu run again this fall. The same proportion said they want to see Israel adopt a two-term limit for prime ministers in the future.
The post Trump is imagining an Israel after Netanyahu. So are many Israelis. Netanyahu isn’t biting. appeared first on The Forward.
