Unholy: Two Jews on the News
Special Update: Israel’s Moment of Truth
Date: July 25, 2023
Hosts: Yonit Levi (Channel 12 News, Tel Aviv) & Jonathan Freedland (The Guardian, London)
Episode Overview
This emergency midweek episode of Unholy addresses a pivotal moment in Israel's political history— the passing of the first phase of the judicial overhaul, specifically the removal of the "reasonableness clause" that allowed the Supreme Court to strike down government actions it deemed extremely unreasonable. Amid massive protests and a nation deeply divided, Yonit Levi and Jonathan Freedland provide detailed analysis on the legislative process, the drama inside the Knesset, ramifications for Israeli democracy, and the likely future of popular protest and political maneuvering. The conversation captures both the granular mechanics of Israeli politics and the emotional stakes of a society grappling with existential questions.
Key Discussion Points & Insights
The Legislative "Moment of Truth"
- Backdrop: After months of anticipation, on Monday, July 24, Israel’s Knesset voted to remove the "reasonableness clause." This comes after half a year of protest and heated public debate.
- Netanyahu’s Health & the Week’s Foreshadowing ([02:11]):
- Yonit notes Netanyahu’s heart issue and the symbolic transfer of power to Justice Minister Yariv Levin as a kind of political foreshadowing of the week’s drama.
- “For a few hours, the acting prime minister in the country was actually the Minister of Justice, Yariv Levine. So anyone looking for signs...could have been pretty appreciative of that story.” [02:11] (Yonit)
The Vote and Immediate Aftermath
- Knesset Vote: The bill passed 64:0 as the opposition walked out of the chamber ([03:29]).
- “The actual decision was passed, 64:0. To anyone trying to convince the rest of the world that this was done in any sort of broad consensus, this was the result.” [03:29] (Yonit)
- The vote starkly showcased the split in Israeli society, contrasting the joy among coalition members and deep despair among opponents.
- Lack of Last-minute Compromise ([04:26]):
- Jonathan describes the frantic atmosphere, likening it to repeatedly refreshing his phone for updates.
- Despite intense negotiation efforts, notably involving Defense Minister Yoav Gallant and opposition leaders, no compromise emerged; hardliners, especially Itamar Ben Gvir, threatened to walk if the bill was softened.
Coalition Dynamics & Political Calculus
- Role of Yoav Gallant and Other Moderates ([06:43]):
- Several Likud moderates, previously vocal, ultimately sided with Netanyahu due to fears of appearing to bow to military pressure—a paradox: protest led to more cohesion in the coalition.
- “The irony...was actually that what the reservists were trying to do to stop the legislation, actually, again according to these Likud ministers, made them vote for it.” [08:37] (Yonit)
- The "Salami Slice" Approach:
- Jonathan notes that this is one part of a larger, phased judicial overhaul: “the first slice of the salami.”
What’s at Stake: Democracy, Checks & Unchecked Power
- Potential Consequences ([09:16]-[13:00]):
- Removal of the “reasonableness” standard means ministers could make decisions no longer subject to Supreme Court review on that ground—raising fears about unchecked power, especially around firing key officials.
- “They have lost that power to say that...if Netanyahu decided to make demonstrating illegal, no court's there to say that's unreasonable.” [10:54] (Jonathan)
- Yonit clarifies, for example, that firing the Attorney General—previously deemed "extremely unreasonable"—could now be possible, risking the independence of key institutions during Netanyahu’s ongoing trial.
Fears of Erosion of Democracy
- Comparisons to Hungary and Turkey ([13:00]):
- Jonathan references fears among protesters that, echoing authoritarian trends elsewhere, future elections in Israel may not be fair or competitive due to institutional skewing.
- Yonit counters that Israel’s unique dynamics, notably the centrality of the military, set it apart, but concedes that a Supreme Court challenge to the new law could produce “a constitutional crisis.”
Constitutional Crisis on the Horizon
- Possibility of Supreme Court Intervention ([14:40]):
- The Supreme Court could still strike down the legislation as an unconstitutional amendment. If that happens, Israel will enter “uncharted territory.”
- “That is the definition of a constitutional crisis...when two branches of government have decided opposite things.” [15:34] (Jonathan)
Protest Movement: Failure or Stamina?
- Police Crackdown ([17:00]):
- After mostly peaceful demonstrations over 30 weeks, the police response post-vote was notably harsher.
- “Something changed in the way that the police treated the protesters...even people who weren't blocking streets, people just, you know, standing there.” [17:00] (Yonit)
- Role of the Military & Reservists ([17:34]):
- Military refuseniks have a real impact on operational readiness; the army chief was rebuffed by Netanyahu for a pre-vote meeting.
- What Next for Protesters? ([20:18]):
- Yonit pushes back on the idea that the movement "failed": it has slowed the judicial overhaul considerably, uniting diverse groups—high tech, military reservists, radical grassroots—and she credits them with remarkable stamina and organization.
- “These are serious people. They gave up their whole, you know, careers to dedicate their lives to this. They are not backing down.” [21:24] (Yonit)
Prospects for the Future
- Protester Motivation and Government Response ([22:37]):
- Future protest flashpoints likely, especially over the issue of the military exemption for the ultra-Orthodox, once the Knesset reconvenes in the fall.
- Risk of Protest Fatigue and Social Division ([24:21]-[25:39]):
- Jonathan worries that, if the "red line" is crossed and democracy is seen not to collapse, maintaining protest motivation may become harder.
- Yonit suggests a "war of attrition" for Israeli democracy, with continuing street protests and international scrutiny (e.g., Moody’s report on Israel’s credit rating after the vote).
Who’s in Charge? Power Shift in the Coalition
- Is Netanyahu Still Leading? ([26:24]-[27:24]):
- The discussion suggests Netanyahu may no longer be the decisive leader; the real drivers are Yariv Levin and Itamar Ben Gvir.
- “We should, you know, get used to the fact that maybe we are less and less talking about Netanyahu's sixth government and more and more talk about Yariv Levine's first government.” [26:54] (Yonit)
- Biographer Anshel Pfeffer is quoted via Twitter: “Bibi is now irrelevant.” [27:24] (As cited by Jonathan)
International Reaction and U.S. Involvement
- Washington’s Limited Leverage ([27:24]-[30:02]):
- Jonathan compares Biden’s tepid response to that of Senator Susan Collins—a “sad face” but no meaningful consequences, possibly emboldening Netanyahu.
- “I wonder if Biden is to Netanyahu what Susan Collins was to Donald Trump... he says it's unfortunate... but... I can essentially act with impunity.” [29:05] (Jonathan)
- Netanyahu’s True Concerns ([30:02]):
- According to Yonit, Netanyahu’s real fear is the coalition falling apart if he relents to moderation—not international condemnation.
The Political Game: Supreme Court as “Get Out of Jail Free” Card?
- Strategic Calculations ([32:04]-[34:55]):
- Jonathan speculates whether Netanyahu hopes the Supreme Court will block the law, allowing him to blame the judges to both the right and left—a political two-step Netanyahu has used before.
- Yonit isn’t sure but doubts Netanyahu can control the pace or direction of unfolding events.
Notable Quotes & Memorable Moments
- “It's a watershed moment for Israel.” [00:18] (Yonit, opening statement)
- “I was madly, like a lot of people listening to this, I'm guessing, hitting refresh on my phone, thinking, is there news of a breakthrough, a compromise, of pulling back from the brink?” [01:44] (Jonathan)
- “This is a massive change. It can be undone... every basic law in this country can be changed with a simple majority. That's part of the problem.” [12:02] (Yonit)
- “If Netanyahu decided to make demonstrating illegal, no court's there to say that's unreasonable.” [10:54] (Jonathan)
- “These are serious people...they are not backing down.” [21:24] (Yonit, describing protest organizers)
- “This is not going to be a short story. And again, even this part is not entirely over yet.” [24:37] (Yonit)
- “We should... get used to the fact that maybe we are less and less talking about Netanyahu's sixth government and more and more talk about Yariv Levine's first government.” [26:54] (Yonit)
- “Bibi is now irrelevant.” [27:24] (Jonathan, quoting Anshel Pfeffer)
- “I think that on Monday at 3 o’clock, the person he was worried about, whose last name starts with a B, was Ben Gvir, not Biden.” [30:02] (Yonit)
- “It is the week of Tisha B’Av... when destruction fell upon the Jewish people because of baseless hatred... We hope we're not heading in that direction.” [35:21] (Yonit)
Important Timestamps
- 00:18 – Opening remarks, setting the stakes for the episode
- 01:44 – Jonathan sets up the drama around the Knesset vote
- 03:29 – Description of the vote and its significance
- 06:43 – Dynamics inside the Likud party and failed compromise attempts
- 10:54 – Potential consequences of unchecked executive power
- 13:00 – Fears of democratic erosion, Hungary/Turkey comparisons
- 14:40 – Supreme Court’s potential role and looming constitutional crisis
- 17:00 – Shift in protest policing
- 17:34 – The impact of military reservists and the IDF on the debate
- 20:18 – Analysis of protest movement strategies and organization
- 22:37 – Yonit details the future of activism and protest coordination
- 26:54 – Discussion about shifting leadership inside the Israeli government
- 29:05 – International response and U.S.–Israel dynamic
- 32:04 – Speculation on Netanyahu’s strategies regarding the Supreme Court
- 35:21 – Historical warning: division and the “baseless hatred” of Tisha B’Av
Takeaways
- The removal of the reasonableness clause represents a historic and divisive shift in how Israeli governments can be checked by the judiciary.
- Political intrigue and coalition discipline—fueled by pressures from the far right—overrode protests and pleas for compromise both from within Israel and abroad.
- Israel’s protest movement is far from over, and the country stands at a constitutional crossroads as the Supreme Court considers its role.
- Deep fears persist about the erosion of democratic norms and the potential for further social polarization.
- The episode ends with a somber historical reflection and a promise to return with further updates, acknowledging the continuing volatility and importance of this story.