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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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Ari Emanuel has written a memoir and no one is safe — not even his brother
Roll the Calls: A Memoir
By Ari Emanuel
Knopf, 432 pages, $35
It must be exhausting to be super-agent Ari Emanuel: rising before dawn for a workout regimen, ingesting live worms to consume bacteria, and then placing hundreds of daily phone calls to clients and network honchos. It is, frankly, exhausting just to read about it, notwithstanding the clever, staccato narrative by (uncredited) ghostwriter J.R. Moehringer.
The point of it all, Emanuel keeps insisting in Roll the Calls, is not the dollars.
“Money isn’t the thing that makes me get up at 4:00 a.m.,” he says. “I’m just not sure yet what that thing is.”
Perpetually on the precipice of bankruptcy, he takes bold entrepreneurial risks to survive in an industry wracked by labor discontent, cutthroat infighting and technological change.
The goal, if there is one, seems to be simply to win — to bend everyone around him to his will. And, for the most part, he does. From the mailroom, Emanuel has ascended to the summit: executive chair and CEO of TKO and executive chairman of WME Group, “two companies,” his biographical blurb says, “that sit at the center of sports, entertainment and culture.”
Emanuel is probably best known as the model for the abrasive Ari Gold, the talent agent played by Jeremy Piven in the HBO show Entourage (2004-11). The show’s protagonist, Vincent Chase, is loosely based on one of Emanuel’s clients, the actor Mark Wahlberg. Emanuel says that he could never bear to watch the series, but notes that it helped turbocharge his career.
In his telling, the entertainment-industrial complex is a transactional, amoral, brutish and (though Emanuel doesn’t use this phrase) testosterone-fueled world, where the key players are nearly all men. It seems impossible to imagine any woman getting away with — let alone prospering from — the unhinged, profanity-laced approach that has become Emanuel’s trademark.
Even in this milieu, there are, in his view, particularly loathsome players. Among them is Harvey “Scissorhands” Weinstein, whom Emanuel indicts for his slovenliness, bullying tactics and editorial interference. Even without a mention of the producer’s alleged track record of sexual harassment and assault, Emanuel’s assessment of Weinstein is withering. “Empty at his core,” Emanuel writes, “Harvey’s sole motivation is to thwart and mess with other people.”
Emanuel expresses contempt, too, for other bold-faced names, including Jeffrey Katzenberg, former chair of Walt Disney Studios and cofounder of the film studio DreamWorks, and Hollywood scribe Nikki Finke, with whom Emanuel had a codependent relationship. He takes on Donald Trump as a client, doesn’t vote for him for president, and drops him, without regret, when he wins and can no longer generate commissions. None of this necessarily makes Emanuel a reliable narrator.
The memoir begins with the word “rage,” which Emanuel observes is also the first word of Homer’s Iliad. The allusion sets Roll the Calls up to be similarly epic. But its angry protagonist is, at best, an antihero, and the stakes of his success surely are less than mythic.
What are the origins of Emanuel’s rage? He points to his lifelong struggles with dyslexia and the bullying and humiliation that resulted. The Emanuel family ethos was unsparingly competitive. In life, he learned, “loser gets fed to lions,” so “keep your fists clenched and your head on a swivel.” And roughhousing with his older brothers, whom he jokingly calls “two violent psychopaths,” may have left Ari bruised and resentful.
Both Ezekiel “Zeke” Emanuel, a prominent oncologist and bioethicist, and former Chicago mayor and prospective 2028 Democratic presidential candidate Rahm Emanuel are known for their combative personalities. Ari suggests that the family is tight-knit and loving. But one of the book’s quietly shocking reveals is Rahm’s mockery of his brother’s dyslexia when they share a stage during Chicago Ideas Week.
Emanuel argues that his anger, which can turn threatening, provides a bargaining advantage by intimidating adversaries. He cites a study showing “that angry negotiators had the edge.” In a bar, he calls out Michael Moore as an [expletive deleted] antisemite for views the director expressed about Israel; Moore denies the charge, they keep talking and Emanuel ends up with a new client.
“You’ve got to be a little psychotic in this town,” Emanuel argues. To succeed, “you need to show that you can color outside the lines, and that, once in a while, you might eat the [expletive deleted] crayon.” The memoir doesn’t delete the expletives.
Yet Emanuel understands the personal costs of his anger enough to have devoted years to psychotherapy aimed at moderating it. (The results seem mixed at best.) Emanuel also admits to a habit akin to stalking: calling potential clients, business partners and others constantly until they succumb to his sales pitch.
This incessant hounding landed him the mailroom gig at Creative Artists Agency, from which he quickly rose — until he departed, with allies, to start his own company. Similar persistence won him the business (and, later, friendship) of the famously curmudgeonly Larry David, who said, over lunch, that he would sign with Emanuel — if only the agent would stop calling.
After his first marriage (unsurprisingly) dissolved, Emanuel deployed his telephone tactics in courtship — not a method, one imagines, that would have worked for a lesser man. In Emanuel’s case, relentless pursuit led, after some drama and heartbreak, to his second marriage, to a much younger woman who had initially resisted his overtures.
None of this is to say that Roll the Calls isn’t worth a read, especially for anyone interested in an unabashedly jaundiced insider account of how Hollywood operates. The book is quick-paced, laugh-out-loud funny at times, and filled with acidic observations and gossip. It is also horrifying.
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NY Jewish Democrats defend Mamdani after Netanyahu calls him a Hamas supporter
(JTA) — Some top New York Jewish Democrats are defending New York City Mayor Zohran Mamdani after Israeli Prime Minister Benjamin Netanyahu called him an “antisemite” and said he is “buddies” with Hamas.
Netanyahu’s speech at the United Nations General Assembly on Thursday, and the outsized role Mamdani played in it, were the culmination of escalating criticism of Mamdani from Israeli officials in recent weeks.
Mamdani is an avowed anti-Zionist who during his campaign to be the mayor had pledged to arrest Netanyahu. Over the summer, he conceded he didn’t have the power to do so, though he criticized the Israeli government over Gaza in the run-up to the prime minister’s visit.
But while his full-throated criticism of Israel has alarmed some local Jewish officials, many felt that Netanyahu’s attacks on Thursday from the U.N. plenum went too far.
“It’s scurrilous to suggest that the mayor voices support for Hamas,” Manhattan Borough President Brad Hoylman-Sigal, who is Jewish, said Friday in an interview with the Jewish Telegraphic Agency.
City Council Speaker Julie Menin, also a Jewish Democrat, has opposed Mamdani on some legislation related to protests outside houses of worship — a sensitive issue in the wake of protesters picketing outside synagogues that were holding Israeli real estate events. Menin said in a press conference on Thursday that Netanyahu’s remarks were “not helpful at all” because “we need to turn the temperature down.”
“This idea of what the prime minister said can really incite violence. We cannot have this,” Menin said.
Mamdani, an outspoken pro-Palestinian advocate, has condemned Hamas as “a terrorist organization” and has denounced antisemitic hate crimes committed in New York.
The mayor responded with a statement of his own, saying that Netanyahu “used his speech to repeat baseless lies meant to sanitize his genocide of Palestinians.”
“Yet no lie can change the fact that he remains the subject of an International Criminal Court arrest warrant alleging war crimes and crimes against humanity,” Mamdani said. The United States is not a party to the ICC and has no obligation to carry out its warrants on U.S. soil.
Netanyahu’s remarks at the U.N. General Assembly came amid a reelection campaign in which Netanyahu’s Likud Party has made Mamdani a villain. Hoylman-Sigal called Thursday’s speech a “political ploy” and a “deflection by someone who has a lot of domestic turmoil, political and otherwise.”
“Clearly, Netanyahu is fighting for his political life,” said Hoylman-Sigal, who is Jewish.
Netanyahu’s arrival in New York sparked a wave of demonstrations in Manhattan on Thursday, including multiple organized by Israeli expatriate groups who emphasized the Oct. 27 Israeli election date. Rallygoers chanted “Vote him out!” at a protest held by the Israeli anti-Netanyahu group UnXeptable.
Even before his visit, Gov. Kathy Hochul pushed back on comments Netanyahu had made. Calling Mamdani a “supporter of the Hamas monsters” was false and “hurt his own credibility,” Hochul said in an interview with the radio station WNYC earlier this week.
Morton Klein, president of the Zionist Organization of America, which is supportive of Netanyahu and has been harshly critical of Mamdani, called Netanyahu’s remarks “Churchillian” and his “greatest speech.”
“Importantly, he also called out Mamdani as a dangerous antisemite who has endangered Jews in New York City,” Klein said in a statement.
The U.N. speech came as Israeli officials have escalated their rhetoric against Mamdani.
Last month, Ofir Akunis, the Israeli consul general in New York, compared Mamdani’s support for the boycott Israel movement to Nazi Germany. A Mamdani spokesperson told JTA the comparison was “offensive, completely unhinged and detached from reality,” and said Akunis “should be ashamed of himself.”
The statement was Mamdani’s first time weighing in on the Israeli consul general, who had accused Mamdani of being directly responsible for anti-Jewish hate crimes in the city.
Republican City Council member Inna Vernikov, who is Jewish and a staunch Mamdani critic, took issue with the mayor’s response.
“When Mamdani cleans his own house, then he can criticize Jewish leaders,” said Vernikov, pointing to Mamdani’s wife’s anti-Israel views and his vetoing of a bill on protests around schools.
Brad Lander, the Jewish progressive and Democratic nominee for New York’s 10th congressional district, blasted both Akunis’ and Netanyahu’s attacks on Mamdani.
“Netanyahu and Akunis are cynically weaponizing accusations of antisemitism for their own narrow, selfish political purposes,” said Lander, one of Mamdani’s most prominent Jewish allies, in a statement to JTA. “They are making Israelis, American Jews, Palestinians, and the whole world less safe.”
Lander himself was the recipient of a Nazi Germany comparison when Bruce Blakeman, the Republican candidate for New York governor, said that Lander “would be a camp guard in the concentration camp if he could.”
Hoylman-Sigal called the comparisons “outrageous,” and said that he is more worried about a rise in far-right parties, including Germany’s AfD.
“We should be very careful, no matter what our background is, to draw such extreme comparisons,” he said.
Phylisa Wisdom, who heads Mamdani’s office to combat antisemitism, told JTA that it is “appalling that some leaders have resorted to comparing their political opponents to Nazis.”
“We can and should disagree — sometimes deeply — but we must be able to do so without debasing public discourse,” she said.
Amy Spitalnick, the CEO of the Jewish Council for Public Affairs, a group that leads outreach to non-Jewish community organizations, told JTA in an email that comparisons to Nazis should be out of bounds.
It is “particularly concerning given that our own community frequently, and rightfully, calls out those using dehumanization and/or making inappropriate Holocaust comparisons,” she said.
As a case in point, Spitalnick pointed to the Anti-Defamation League’s article on inappropriate Holocaust comparisons, which includes COVID-19 vaccine requirements and free speech complaints.
The ADL did not return a request for comment on Akunis’ Nazi Germany comparisons.
“Disagree with the Mayor on his policies or rhetoric — I certainly have — but comparisons like this are deeply offensive and wrong, in addition to undermining the very relationships and engagement necessary to ensuring Jewish safety in New York and beyond,” Spitalnick said.
This article originally appeared on JTA.org.
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‘Nobody Wants This’ star Adam Brody on Gaza: ‘Put me down as thinking it’s a genocide’
Adam Brody, the Jewish actor who plays a “hot rabbi” on the hit Netflix rom-com Nobody Wants This, called the war in Gaza a genocide in a new interview, making him one of just a few Jewish celebrities to speak out publicly against the Israeli campaign.
The comments came in an interview with GQ about Brody’s efforts canvassing for Democratic candidates in the upcoming midterms.
“Put me down as thinking it’s a genocide. Put me down as wanting a free Palestine,” he said. “It’s awful that it’s taken so much death and misery, but it does feel like it’s reaching a breaking point that it should have a while ago. I’m hopeful that another administration can really do some good and correct some of these policies that are helping that situation be as awful as it is.”
The claim of genocide in Gaza is heavily disputed. Several international bodies, human rights organizations and academic institutions have concluded Israel’s actions in Gaza since Oct. 7 fit the description, including a United Nations Commission of Inquiry. Other similar groups, like the International Court of Justice, have not applied the term.
Brody’s comments were surprising in part because he had previously kept his feelings about the war private, even as other leading Hollywood figures openly criticized it. He does not maintain a public social media presence, and he did not participate in pin-wearing campaigns or sign various petitions related to the war — an approach he indicated he might change going forward.
“I’m not wearing a pin, so I’m not inviting a certain question, and perhaps I should,” he said. “I really admire people who do. But 99% of what I’m asked about is about the show. I’m not trying to plead ignorance—here we are doing a political interview, so it makes sense that we wade into this territory—but I’ve never ducked a question, really, not a political question anyway.”
Brody — who came to fame in the 2000s as the teenager Seth Cohen on The O.C. — joins Hacks star Hannah Einbinder and Wallace Shawn (The Princess Bride) as perhaps the most high-profile Jewish actors to publicly call the war a genocide. Other Jewish entertainment figures, like Mandy Patinkin and The Zone of Interest director Jonathan Glazer, have criticized the war but stopped short of calling it a genocide.
Yet Brody’s comments are perhaps especially notable because of the character he plays on TV. In Nobody Wants This, Brody plays a rabbi dating a non-Jewish woman — introducing her to the beauty and foibles of Jewish faith and culture. Israel has been conspicuously absent from the show, with its creator, Erin Foster, saying she deliberately avoided geopolitics.
Season 3 of Nobody Wants This releases to Netflix October 22.
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