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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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Remembering Abe Foxman, the longtime ADL leader known as the ‘Jewish pope,’ who always answered my calls
Friday before sundown, I realized that Abe Foxman had not sent me his weekly “Shabbat Shalom” message. For the past seven years, since we began texting regularly about Jewish and political issues, the message would arrive each Friday like clockwork — often accompanied by screenshots of Shabbat memes. My response never changed: “Good Shabbos, tzaddik,” using the Hebrew word for a righteous person that Foxman himself often used.
A few minutes after sundown, I texted him anyway: “Good Shabbos, tzaddik.” Then I turned off my phone. The message showed as “read” Saturday night. But there was no response.
I’m sure I wasn’t the only one waiting for Foxman’s Shabbat greetings. The silence said everything. On Sunday, the Anti-Defamation League announced that its former longtime chief had died at age 86.
I first started texting with Foxman after he stepped down in 2015 as national director of the ADL, concluding a remarkable 50-year run with the organization, including nearly three decades at its helm. By then, he had become one of the most recognizable Jewish communal leaders in America. He was nicknamed the “Jewish Pope.” Former President Barack Obama, a frequent target of Foxman’s criticism over Israel policy, said upon Foxman’s retirement: “Abe is irreplaceable.”
For me, a rookie journalist covering national politics through a Jewish lens, Foxman became an invaluable source. He was in the room with presidents, prime ministers and world leaders during some of the Jewish community’s most consequential moments. Yet he was always available. He answered calls quickly. He texted back. He spoke candidly. He could be sharp, direct and deeply critical when he thought leaders were making mistakes. But he was also compassionate, warm and surprisingly personal.
Every conversation began the same way: asking about me. My kids. How I was holding up. Only then would we get to politics. The conversation would often veer from Yiddish to English and back again.
Our last conversation was on April 15, after a record 40 Senate Democrats voted to block $295 million for the transfer of bulldozers to Israel and 36 of them also supported a measure to block the sale of 1,000-pound bombs to the Jewish state. “A broch,” Foxman replied, using the Yiddish word for disaster. “A sad time for American politics.”
That worldview shaped much of his public commentary in recent years. In interviews with the Forward and other publications, Foxman weighed in on rising antisemitism, campus protests, Democratic divisions over Israel, President Donald Trump’s rhetoric, and the Biden-Netanyahu relationship.
Foxman could be combative and unapologetic. Critics on the left viewed him as too hawkish on Israel, while critics on the right sometimes accused him of being too willing to criticize the Israeli government or American conservatives. But nobody doubted his commitment to the Jewish people and to Israel.
Foxman’s own life story
Born in Baranavichy in 1940, in what is now Belarus, Foxman survived the Holocaust as an infant after being hidden by his Polish Catholic nanny, who baptized him to hide his Jewish identity, while his parents were confined to a ghetto. After the war, he was reunited with his parents, first living in a displaced persons camp in Austria before immigrating to the United States.
Those early experiences shaped the course of his career and ultimately made him one of the most influential Jewish communal leaders of the modern era.
In 1965, after getting degrees from City College of New York and New York University School of Law, Foxman joined the Anti-Defamation League as a legal assistant. Over the next five decades, Foxman rose through the ranks of the organization before being named its national director in 1987, a position he held until 2015.
Under his leadership, the ADL became one of the world’s most prominent voices combating antisemitism and hate.
In 1987, President Ronald Reagan appointed Foxman to serve on the council of the United States Holocaust Memorial Museum. He was reappointed by Presidents George H. W. Bush, Bill Clinton and Joe Biden. He was also vice chairman of the Museum of Jewish Heritage in New York City.
Foxman was often willing to challenge leaders he believed were wrong on Israel, including Democratic presidents he otherwise respected. He was sharply critical of Obama’s approach toward Israel early in his presidency and became one of the leading Jewish voices opposing the administration’s 2009 demand for a freeze on Israeli settlements.
In remarks at Foxman’s farewell dinner in 2015, Susan Rice, former U.S. ambassador to the U.N. and national security advisor under Obama, told the audience: “The thing I most value about Abe is his candor and integrity. He holds everyone to the same high standards, and I can always count on him to tell it to me straight, even when he knows I won’t necessarily like what he has to say.” In 2020, Foxman publicly advocated for Biden to choose Rice as his vice-presidential running mate.
“America and the Jewish people have lost a moral voice, a passionate advocate for the Jewish people and the state of Israel, and a remarkable leader,” Foxman’s successor, ADL CEO Jonathan Greenblatt, said in a statement announcing Foxman’s death.
Foxman’s political commentary
Even after retiring from the ADL, Foxman remained a leading voice in Jewish public life, especially after the election of Trump in 2016.
Foxman told me in an interview at the time that the Jewish community should engage with Trump and hold him accountable when needed. He advised Trump to be cautious about making good on his promise to move the U.S. embassy from Tel Aviv to Jerusalem. He became more critical of Trump after the president said that there were “very fine people on both sides” in response to a 2017 neo-Nazi rally in Charlottesville, Virginia.
In 2020, Foxman broke his tradition of not endorsing political candidates to back Biden. He argued that Trump was a “demagogue” whose reelection would be a “body blow for our country and our community.”
Once Biden took office, Foxman started to express doubts about the president’s handling of the U.S. relationship with Israeli Prime Minister Benjamin Netanyahu. He said it “sends the wrong message to our friends and enemies” that Israel is being held to a higher standard than other countries in the region. Foxman was also a harsh critic of the Netanyahu government’s judicial overhaul, warning that the right-wing cabinet ministers could hamper support for Israel among American Jews.
In 2024, he warned that Biden’s increasingly harsh rhetoric over Israel’s military campaign in Gaza would repel Jewish voters. “I believe that this administration, because of its political season, is taking American Jews for granted or has written us off,” said Foxman. ”If they’re worried that the Arabs in Michigan will vote with their feet, they need to worry that Jews can also vote with their feet.”
Most recently, Foxman was critical of national Democrats opposing the military operations against the Iranian regime in March for a lack of congressional authority. “Sadly, it is purely political games,” Foxman told me, noting that previous Democratic administrations conducted military operations without explicit congressional authorization. “Ninety-nine percent of Democrats are on record saying Iran is a terrorist state and cannot have nuclear weapons. So why this game?” he asked.
Now, as Jews mark Jewish American Heritage Month, that voice is silent. But for me, and for the many people still waiting for one more “Shabbat Shalom” message from Foxman, he will not soon be forgotten.
Foxman is survived by his wife Golda, his daughters Michelle and Ariel and four grandchildren.
JTA contributed to this article.
The post Remembering Abe Foxman, the longtime ADL leader known as the ‘Jewish pope,’ who always answered my calls appeared first on The Forward.
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Jailed Iranian Peace Laureate Mohammadi Moved to Hospital in Tehran
A picture of Nobel Peace Prize winner Narges Mohammadi on the wall of the Grand Hotel in central Oslo before the Nobel banquet, in connection with the awarding of the Nobel Peace Prize 2023, in Oslo, Norway, Dec. 10, 2023. Photo: NTB/Javad Parsa via REUTERS
Iran’s imprisoned Nobel Peace Prize winner Narges Mohammadi has been moved to a hospital in the capital, Tehran, and has been granted a suspension of her sentence on heavy bail, a foundation run by her family said on Sunday.
Mohammadi, 54, won the prize in 2023 while in prison for a campaign to advance women’s rights and abolish the death penalty. She suffered a heart attack two weeks ago.
Her family had called for her to be transferred from Zanjan, northwest of Tehran, where she was serving her sentence and where she had been initially taken to a hospital, so that she could receive better medical care.
She is now at Tehran Pars Hospital for treatment by her own medical team after being transferred by ambulance, the Narges Mohammadi Foundation said in a statement.
Mohammadi was sentenced to a new prison term of 7-1/2 years, the foundation said in February, weeks before the US and Israel launched their war against Iran. The Nobel committee at the time called on Tehran to free her immediately.
She had been arrested in December after denouncing the death of a lawyer, Khosrow Alikordi. A prosecutor told reporters that she had made provocative remarks at Alikordi’s memorial ceremony.
The foundation gave no details of the bail arrangements or suspension of her sentence.
“However, a suspension is not enough,” it said. “Narges Mohammadi requires permanent, specialized care. We must ensure she never returns to prison.”
Iran shut down most of the internet in the country in January as authorities suppressed mass protests triggered by economic unease. Rights groups have reported ongoing executions of people involved in the unrest.
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Israel’s Attorney General Calls to Cancel Netanyahu’s Mossad Chief Appointment
Israeli Attorney-General Gali Baharav-Miara. Photo: Twitter
i24 News – Attorney General Gali Baharav-Miara told the High Court of Justice on Sunday that Prime Minister Benjamin Netanyahu’s decision to appoint Maj. Gen. Roman Gofman as the next Mossad chief must be canceled.
Baharav-Miara filed her position ahead of a Tuesday hearing on petitions challenging the appointment, telling the court that “substantial flaws” had been found both in the process conducted by the advisory committee and in the conclusions it drew. She said Netanyahu’s decision suffered from “extreme and blatant unreasonableness” and could not stand legally.
At the center of the dispute is the case of Ori Elmakayes, who was a 17-year-old minor when he was activated in 2022 by Division 210, without going through authorized intelligence channels. At the time, the division was commanded by Gofman. Elmakayes was arrested in May 2022 under espionage charges after two officers sent him classified information and told him to post it online as part of an “influence campaign,” despite not being authorized to do so. Gofman initiated this operation. Elmakayes was then held in full detention until July, spending an extended period under electronic monitoring and house arrest before the indictment against him was canceled in late 2023.
Baharav-Miara says Gofman’s involvement in leaking the classified information to the minor, “casts a heavy shadow on Gofman’s integrity and thus on his appointment to head the Mossad.” The attorney general also identified serious procedural failings in the advisory committee’s work. She notes that the majority members signed their opinion before committee chairman and former Supreme Court president Asher Grunis had written his dissent and before two members had reviewed several classified documents significant to the full picture. Grunis concluded that integrity flaws had been found and that it was not appropriate to appoint Gofman as Mossad chief.
The attorney general also says the committee failed to hear directly from Elmakayes or from a relevant senior military intelligence officer, instead relying in part on media interviews.
Netanyahu, who appointed Gofman to head the Mossad starting in early June, for a five-year term, submitted his own response to the court on this past Friday, arguing that the decision fell within his executive authority. The Prime Minister also said that his assessment of the matter was “dozens of times superior” to that of the court, adding that Gofman’s integrity was “found pure,” and describing him as the most qualified candidate.
Other coalition figures responded to the attorney general with sharp criticism, including National Security Minister Itamar Ben-Gvir. Ben-Gvir accused Baharav-Miara of fighting the state, while Finance Minister Bezalel Smotrich said her position was “one step too far” and vowed to advance legislation splitting the attorney general’s role in the Knesset’s summer session.