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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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The post ‘The gun is on the table’: Both sides of Israel’s debate say that a constitutional crisis is coming appeared first on Jewish Telegraphic Agency.
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Israelis and Americans deserve to know why they are still at war
Israelis have once again been asked to live under the shadow of war. Sirens and missiles punctuate sleepless nights. Families sleep beside safe rooms. Children measure their days between alarms.
People will endure that, when they believe there is a purpose behind the sacrifice.
Yet three weeks into the current confrontation with Iran, Israel’s government hasn’t offered anything resembling such clarity. Nor has that of the United States. And as the costs of war accrue in both countries — with Americans worrying about forces deployed across the region, and paying the price of the conflict at the gas pump — citizens of both countries deserve something basic from their leaders: a direct, compelling explanation of what this war is supposed to achieve.
In a democracy, citizens who are sending their children to shelters and their soldiers to the front absolutely have the right to know the objectives of a war. Yes, you cannot reveal operational details that could endanger pilots, intelligence sources, or soldiers in the field.
But explaining the purpose of a war is not the same thing as revealing tactics. Israeli Prime Minister Benjamin Netanyahu and U.S. President Donald Trump aren’t exhibiting prudence by keeping things, as the Forward‘s Arno Rosenfeld wrote, “incoherent.” Instead, they’re showing contempt for those they govern.
The hubris would be troubling even if either government in question enjoyed broad public trust. But neither Netanyahu nor Trump are leaders who command such confidence. And the arrogance that has infected even officials under them reflects a deeper pattern that has long defined both men’s leadership: an extraordinary sense of entitlement to power.
An Israel defined by hubris
Many Israelis believe that Netanyahu bends the truth routinely and will do almost anything to remain in power. Under those circumstances, demanding blind faith in this war is insulting.
Consider the extraordinary elasticity of the government’s claims. In June, after the earlier 12-day confrontation with Iran, Netanyahu declared that Israel had pushed back Iran’s missile and nuclear threats “for generations.”
If anyone made the mistake of believing him at the time, it is now obvious that he was lying. Iran still possesses missiles, which we know, because they have rained down on Israel throughout this war. If this conflict is now necessary to confront the very same dangers, the public deserves an explanation of what exactly happened to the supposed “generations” of security their leader had promised.
Yet instead of engaging with tough questions from the press about why Israel engaged in this war, what its goals are, and when it will end, Netanyahu has opted to exclusively discuss the war on friendly platforms. There are social media videos produced by his team, which are pure propaganda; the rare stage-managed “news conference,” usually with the few questioners selected in advance; and a studious avoidance of interviews with the Israeli media — with the sole exception of the pro-Netanyahu Channel 14.
Incredibly, when asked by a reporter from Haaretz a few days ago what the goals of the war were — and why no explanation has been offered to the citizens of the country — Government Secretary Yossi Fuchs actually had the temerity to respond that, in his eyes, citizens don’t need to know about those goals. Some have been set, he said, but they are confidential.
This posture invites, of course, even more suspicion.
Muddled American messaging
If Netanyahu says too little, Trump, on the American side, possibly says too much.
He speaks constantly about the war, yet always seems to struggle with precision or coherence.
One day he suggests the conflict could last a long time. The next he says he thinks it may end soon. When asked about terrorism that could follow escalation, he shrugs that “some people will die.”
This is not surprising; Trump’s rhetoric on these things has always been belated, confused and focused on spectacle. Within hours of the bizarre American seizure of Venezuelan President Nicolás Maduro — a reprehensible figure but still the head of a sovereign state — Trump appeared on television explaining that the U.S. needed access to Venezuelan oil.
With short-term operations like that in Venezuela, Trump’s inability to explain why the U.S. needed to engage, and outline what Americans can expect going forward, was less glaring. Now, as he waffles between demanding NATO allies come to aid the war and insisting their help isn’t needed; bizarrely declares the war will end “when I feel it in my bones”; and makes clear that the war was initiated with no strategic foresight, it’s impossible to ignore
So Americans, like Israelis, are left struggling to understand what exactly their government is trying to accomplish. And while in Israel the war is still broadly supported — so great is the anger at the Iranian regime, and so effective has been Israel’s missile defense — that is hardly the case in the U.S.
The blame game
The risks of a war defined by ever-moving goalposts and a deliberately obscure timeframe are obvious and terrifying. Just look at the war in Gaza.
That conflict dragged on for nearly two years, accompanied by repeated declarations that Hamas would soon be eliminated. Today, Hamas still exists. Yet the government has offered no serious accounting of that reality. On the way to this endgame, in which the status quo has ended up preserved but with Gaza in ruins, Netanyahu repeatedly blocked off-ramps. He was clearly indifferent to the widespread perception that he was using the continuation of the war to avoid accountability: he explicitly and shamelessly argued that spectacular breakdown on Oct. 7 could not be investigated while the war continued.
In fact, he is using the exact same playbook in this new war, arguing last week — with Trump’s support — that Israeli President Isaac Herzog should issue him a pardon in his ongoing corruption trial so that he can focus on the war.
Some Israelis now genuinely fear that prolonged emergency conditions could become politically convenient. Netanyahu’s critics openly speculate that a monumental national crisis might provide justification to delay or manipulate elections — as Netanyahu is obsessed with remaining in power and is badly behind in the polls.
In the U.S., this fumbling has opened the door to an alarming new reality: one in which Israel and its international supporters are blamed for dragging the U.S. into war. On Tuesday, Joe Kent, director of the National Counterterrorism Center, resigned over the war with a public letter making unproven allegations that Trump fell prey to an Israeli “misinformation campaign that wholly undermined your America First platform.” There is a clear risk that such rhetoric, fueled by the sense of directionlessness in this war, will increase already surging antisemitism.
The paradox of justification
Netanyahu and Trump’s failure to clearly justify the war does not mean that the Iranian regime deserves indulgence.
Tehran has brutalized its own citizens for decades and exported violence throughout the Middle East. Through Hezbollah in Lebanon, Hamas in Gaza, the Houthis in Yemen, and Shiite militias in Iraq, it has helped fuel conflicts that have cost countless lives. The regime has given the world many reasons to wish for its disappearance.
For the past month I have been arguing relentlessly that the Iranian regime has forfeited any claim to sympathy and that its actions have justified the Israeli and U.S. attack.
A long war determined to bring the regime to its knees may not be fundamentally unjustified. But requiring blind faith in the leaders prosecuting that war is.
The post Israelis and Americans deserve to know why they are still at war appeared first on The Forward.
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Trump Official Resigns Over Iran War, Blames Israel
Mattie Neretin – CNP/Sipa USA via Reuters Connect
A senior U.S. counterterrorism official resigned Tuesday in protest of President Donald Trump’s military campaign against Iran, accusing Israel of playing an outsized role in pushing the United States into conflict.
Joe Kent, director of the National Counterterrorism Center, said he could not support the war, arguing Tehran posed “no imminent threat” to the United States. But it was Kent’s broader assertion, that pressure from Israel and pro-Israel voices influenced the decision to go to war, that drew swift pushback from the White House and national security experts.
In his resignation, Kent also drew parallels to the Iraq War, suggesting that similar dynamics shaped both conflicts, arguing that Israel pushed the US into the conflict. His comments revived long-running debates about how U.S. intelligence and foreign alliances factor into decisions to use military force, though many officials and analysts have rejected such comparisons as misleading.
“Iran posed no imminent threat to our nation, and it is clear that we started this war due to pressure from Israel and its powerful American lobby,” Kent wrote in his resignation letter.
Kent further claimed that he lost his wife in a “war manufactured by Israel.” Kent’s wife, Shannon Kent, died in 2019 when an ISIS suicide bomber detonated an explosive device during a U.S. military operation during the Syrian Civil War. Kent’s assertion suggests that Israel started the Syrian Civil War is completely unfounded. However, the notion that Israel controls the ISIS terror group is a popular conspiracy online.
The Trump administration forcefully disputed Kent’s claims, maintaining that the decision to strike Iran was based on credible intelligence about threats to U.S. forces and interests in the region. Trump dismissed Kent as “weak on security,” defending the operation as necessary to deter Iranian aggression and protect American personnel and allies.
Karoline Leavitt, White House Press Secretary, lambasted Kent’s letter as inaccurate .
“The absurd allegation that President Trump made this decision based on the influence of others, even foreign countries, is both insulting and laughable. President Trump has been remarkably consistent and has said for DECADES that Iran can NEVER possess a nuclear weapon,” she wrote.
National security experts and former officials also criticized Kent’s framing, arguing that it oversimplifies the policymaking process and risks promoting narratives that inaccurately portray Israel as driving U.S. military decisions. They emphasize that while Israel is a close ally that shares intelligence and strategic concerns, particularly regarding Iran’s nuclear ambitions and support for proxy groups, decisions to go to war are made by U.S. leadership based on American intelligence assessments.
Israel has long warned about the threat posed by Iran’s regional activities, including its backing of armed groups hostile to both Israeli and U.S. interests. Those concerns are broadly shared across multiple U.S. administrations and within the intelligence community, regardless of political party.
Kent’s resignation marks the most significant internal break so far over the Iran conflict and highlights growing divisions within the administration and across Washington. While some critics of the war have echoed his concerns about the lack of an imminent threat, others have expressed alarm at his decision to center Israel in his critique, warning that such claims can distort public understanding of how U.S. foreign policy decisions are made.
Kent came under fire during his confirmation process over his reported connections to white supremacists Nick Fuentes and Greyson Arnold. Kent admitted that he had conversations with Fuentes over social media strategy. However, Kent later distanced himself from Fuentes and repudiated his views.
Kent also holds other unorthodox foreign policy viewpoints, such as a relatively forgiving posture towards Russia’s invasion of Ukraine. In April 2022, following Moscow’s invasion of Ukraine, Kent argued that Putin was “very reasonable” and accused the US foreign policy establishment of aggravating Russia into war.
Kent’s comments on Tuesday drew widespread backlash from many who accused him of peddling antisemitic tropes. Ilan Goldberg, Senior Vice President and Chief Policy Officer of liberal pro-Israel organization J-Street, praised Kent for leaving the administration, but added “the antisemitic stuff in here blaming Israel for the Iraq war and a secret conspiracy of the media and Israelis to deceive Trump into going to war with Iran is ugly stuff that plays on the worst antisemitic tropes.”
“Donald Trump is the President of the United States and he is the one ultimately responsible for sending American troops into harms way,” Goldberg added.
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UK Hate Crime Prosecutions Reveal Stark Disparities Between Muslim and Jewish Victims
Demonstrators attend the “Lift The Ban” rally organised by Defend Our Juries, challenging the British government’s proscription of “Palestine Action” under anti-terrorism laws, in Parliament Square, in London, Britain, Sept. 6, 2025. Photo: REUTERS/Carlos Jasso
Hate crimes against Muslims in the United Kingdom are nearly twice as likely to result in prosecution as those targeting Jews, newly released figures show, exposing a striking imbalance in how justice is ultimately delivered.
According to data compiled by the British Home Office, the government department responsible for policing and security, figures on hate crime offences recorded over the past year show that Muslim victims of Islamophobic attacks were 76 percent more likely to see their attackers prosecuted than Jewish victims of antisemitic attacks.
Across the United Kingdom, 6.7 percent of hate crimes targeting Muslims led to a charge or summons — around one in 15 cases — compared with just 3.8 percent of offences against Jewish victims, or roughly one in 26, over the period from April 2024 to March 2025.
The gap is particularly stark in certain offences. Religiously aggravated assaults without injury against Muslims were over six times more likely to lead to prosecution, with 6.3 percent of cases resulting in charges compared with just 1.1 percent for Jewish victims.
Similarly, racially or religiously aggravated criminal damage was around four times more likely to result in charges, at 3.4 percent versus 0.8 percent.
Although 4,478 religious hate crimes were reported against Muslims compared with 2,873 against Jews, the smaller size of the Jewish population means such offences are far more concentrated and statistically significant. By raw population, the contrast is stark: around 3.9 million Muslims live in England and Wales, compared with 287,360 Jews
The Home Office’s data also reveals that Jewish people are disproportionately targeted, experiencing religious hate crimes at a rate roughly ten times higher than Muslims.
The Crown Prosecution Service (CPS) — the body responsible for bringing criminal cases in England and Wales — said comparing crime reports with prosecutions is difficult because cases can only proceed once police submit sufficient evidence for a charging decision.
According to the CPS, a record number of hate crime cases were referred by police last year, with 11,140 defendants prosecuted for racially flagged offences, resulting in a charge rate of 87.1 percent and a conviction rate of 85.2 percent.
In the UK, the Community Security Trust (CST) — a nonprofit charity that advises Britain’s Jewish community on security matters — recorded 1,521 antisemitic incidents from January to June last year. This was the second-highest number of antisemitic crimes ever recorded by CST in the first six months of any year, following 2,019 incidents in the first half of 2024.