Trump is Following Netanyahu’s Playbook

Israel has been grappling with a dramatic struggle for its democracy over the past two years. The evolving constitutional crisis has been brought about by the Israeli government’s blatant attempts to dismantle the system of checks and balances in Israel, creating a situation where instead of a separation of powers, one branch—the executive—has absolute control. Their goal is a system rooted in the tyranny of the majority, posing an extreme danger to human rights, especially for vulnerable minority groups.

The Netanyahu government has followed the “autocrat’s playbook,” trying to erode democracy from within, systematically dismantling democratic institutions by legal means, as Princeton professor, Kim Lane Scheppele, has eloquently described. After winning a democratic election, the leader’s first step is to dismantle mechanisms that limit governmental power. This includes controlling the parliament or turning it to an irrelevant institution, taking control of the judiciary through reforms, appointing loyalists to key positions, gaining control over the media, spreading disinformation and fake news, delegitimizing the opposition and anti-government NGO’s, and altering election laws to secure future victories. After the attempt to implement a judicial coup in 2023 was thwarted by unprecedented public protests, the Israeli government shifted to a new tactic. Instead of changing the laws outright, they have now begun to ignore them, while continuing to spread disinformation about the judicial system, the Attorney General, media, and academia.

A recent example is the attempt to prevent the nomination of the most senior Supreme Court justice as Chief Justice of the Israeli Supreme Court, contravening the established procedure by which the most senior justice on the Court is nominated as its Chief – a procedure in place since the founding of the state of Israel. After dragging his feet for 16 months and refusing to convene the committee responsible for nominating judges, Yariv Levin, the Justice Minister (who chairs the committee) was ordered by the Supreme Court to convene it and appoint a Chief Justice—since the Court has been without a permanent head since October 2023. The Justice Minister employed every trick in the book to evade this order, but eventually, three weeks ago, the committee was finally convened and voted to elect Justice Amit as the new Chief Justice. The government representatives boycotted the vote, and both the Justice Minister and the Speaker of the Knesset declared that they would not cooperate with the new Chief Justice. This childish behavior presents another aspect of the Israeli constitutional crisis  – with the heads of the legislative and executive branches boycotting the head of the judiciary.

Although Trump took office less than a month ago, his actions already mirror many of the troubling steps we have seen in Israel over the past two years. The similarities are striking. Here are a few examples:

Personal Vendettas Against the Courts: Both Netanyahu and Trump harbor personal grievances against the courts, because they have both been indicted or investigated on multiple charges. This has led to incitement against the judiciary and clear statements indicating that the government will ignore court rulings. J.D. Vance’s recent declaration that “Judges aren’t allowed to control the executive branch’s legitimate power” mirrors Yariv Levin’s assertion, “In no other democracy are legal advisors above the government,” and his claim that “The minority cannot impose its values on the majority through the courts. The rule of the judge is incompatible with democracy.”

Dismantling of Key Institutions: Both leaders have sought to eliminate independent governmental watchdogs, charged with enforcing the law within the executive branch, and instead appoint loyalists to key public positions. In the US, Trump and Elon Musk have tried to fire as many civil servants as possible, while in Israel, the government is targeting the major “gatekeepers” who hold power independent of the wills of the coalition – including the Attorney General, ministerial legal advisors, the Defense Minister, and heads of security services. Appointments are now based purely on loyalty, often selecting incompetent individuals who will dismantle systems that challenge the leader’s power. For instance, Trump’s appointment to run the crucial HHS Department is opposed to vaccines, while Netanyahu appointed a Justice Minister intent on undermining the judiciary, and a convicted criminal, Itamar Ben-Gvir, was placed in charge of the police.

Control of the Legislative Branch: Both Netanyahu and Trump have effectively secured control over the legislative branch, with Netanyahu’s coalition controlling the Knesset and Trump’s Republican majority controlling both houses of Congress. Undermining the court will grant them absolute power.

Attacks on the Media and Academia: In both countries, the governments have attacked critical media outlets, trying to intimidate them and prevent criticism. Similarly, academic institutions and academic research have come under siege.

Populist Narratives: Both Trump and Netanyahu employ populist rhetoric, claiming that the “supreme leader” knows what is best for the people, in contrast to the so-called elitist judges who try to prevent the leader from implementing the people’s will.

Numerous measures all at once: Both leaders push through numerous extreme and unreasonable bills and initiatives, often too numerous for the public to fully process or oppose at once, allowing some measures to pass under the radar.

The similarities are stark, and the threats overwhelming. Yet, we should not feel helpless or resigned to defeat. There are important lessons we can learn from Israeli society’s resistance to the dangerous measures undertaken by the current Israeli government:

• Public Pressure Matters: Even the most extreme leaders are vulnerable to public pressure and protest. There are many dedicated individuals within our societies who refuse to give up on democracy and are willing to go to the streets to stand up for our values.
• Cooperation Within Civil Society: We must work in coordination with civil society organizations to maximize impact. Given the scale of the challenges, efforts must be divided to ensure that nothing slips under the radar.
• Educate the Public to Counter Fake News: Counter the disinformation with accurate information through traditional and social media. This will help more people understand what’s at stake and rally support for the fight to protect democracy.
• Think Local: In the US, significant progress can be made at the state level; in Israel, municipalities offer an important platform for activism. Other local outlets, such as school boards, can also make a difference.
• Stay True to Core Values: We must stay focused on our core values — equality, dignity, justice, and compassion. These timeless principles, rooted in our Jewish tradition, must guide us in our fight.
• Self-Care is Crucial: This is a challenging period, and it is essential to take care of ourselves to sustain our efforts.
• The Time to Prepare for the Next Elections is Yesterday: Both in the US (midterms) and Israel, elections are scheduled in less than two years. We must work now to prepare for them and beyond. The judicial coup in Israel awakened the liberal camp and crystallized the goals we must pursue.
• We must Learn from Each Other: Share tactics and strategies that have worked in each country, and support one another in holding on through this struggle.

It will be tough, but the fact that we are not giving up but are fighting back gives us purpose and strength. Bertold Brecht taught us: “Everything changes. You can make a fresh start with your final breath”. We must remember this is not going to go on forever. We must ensure that our fight continues, to protect democracy, and bring about better days.