How an American president is trying to imitate the way an Israeli prime minister applies “law” in illegally occupied Palestinian territory
(Traduce en español/translate to Spanish / Arabic الترجمة العربية / Hebrew תרגום לעברית)
By Brian E. Frydenborg (Twitter @bfry1981, LinkedIn, Bluesky, Facebook, Substack with exclusive informal content) October 6, 2025; because of YOU, Real Context News surpassed one million content views on January 1, 2023, but I still need your help, please keep sharing my work and consider also donating as I make my overdue comeback! Real Context News produces commissioned content for clients upon request at its discretion.
SILVER SPRING—On paper, officially, “legally,” both the West Bank and the United States have clear ways that security forces are to bound to be applied from any central governing authority in particular areas, deferring to local forces and limiting the roles of those coming from outside. But as both Israel and the U.S. implode politically on the eve of the two-year anniversary of the October 7 Hamas terrorist pogrom against Israel and the beginning of the even larger mass-killing of Israel’s Gaza campaign, it is important to understand how far from reality this description actually ends up being under the current crises both nation nations face.
Wrecking Boundaries in the West Bank
But in the West Bank, Israeli leaders have long ignored many of these supposed restrictions at will, none more so from the top than extremist Israeli Prime Minister Benjamin Netanyahu. The West Bank is by far the largest of the three Palestinian territories forming the State of Palestine and occupied during the Six Day-War in June 1967 by the Israel Defense Forces (or IDF, i.e., the Israeli army) and still illegally occupied after all these years (the other Palestinian areas being the Gaza Strip and East Jerusalem). For decades, Israel has illegally colonized these lands and transferred some of its Jewish population illegally to form illegal Jewish settler communities—often of religious fanatics—on Palestinian land, sometimes ethnically cleansing Palestinian communities in the process. Netanyahu, a champion of the settler movement often nicknamed “Bibi,” has served more time as prime minister than any Israeli, including Israeli founding father David Ben-Gurion; indeed, Netanyahu seems willing to do just about anything to maintain power, including repeatedly prolonging the current horrific “war” (a term loosely applied) in Gaza. Since the 1993 Oslo peace process began, a three-tiered system is supposed to govern whether Israelis or Palestinians hold civil or security authority in the West Bank: Area A (Palestinian security and civil), Area B (Israeli security, Palestinian civil), and Area C (Israeli security and civil). In reality, Israel treats all areas as if it can do whatever it pleases whenever it pleases: new illegal Israeli settlements in the middle of Palestinian land, abrupt arrests of Palestinian officials trying to exercise their duties, or raids deep into the heart of the most populous Palestinian cities care not what lines on the map say, and the Israeli political and military leaders have also long since stopped caring (Netanyahu himself bragged repeatedly over the years up through the present about killing the Oslo process that even brought these three Areas about).
Your Posse Is Not Legal, Mr. President
In the United States, possible tensions between the civil and military spheres preoccupied the Founding Fathers so much so that there was no official permanent standing army established by the Constitution and George Washington himself was lionized as a hero in the mold of Cincinnatus for stepping down from supreme military power when his duty was done (and as much for that as anything else he ever did, which says a lot). There was a bold, idealistic, prescient experiment in Reconstruction (1865-1877)—really the last phase of the U.S. Civil War (1861-1865) over slavery—to bring about multiracial democracy that achieved much relying on the deployment and backing of federal troops before succumbing to white supremacist terrorist insurrections throughout the recalcitrant South. Some dynamics during Reconstruction in the South in key ways resembled the West Bank in that whites in the South eventually used lawless means to establish control over security forces and courts to create a separate-and-unequal system, violating Reconstruction-era constitutional amendments and laws to instead impose a pre-apartheid apartheid system on newly-freed people in the South that would come to be known as the Jim Crow “legal” system and would take most of a century to dismantle.
Simultaneously, while Reconstruction wound down as a failed experiment, Americans were uneasy about the fact that the newly mighty U.S. military after the Civil War had been used so much in civil affairs in formerly rebel southern states, so the Posse Comitatus Act was passed in 1878 to more clearly define the U.S. civil-military divide, already quite strong without it. The law further codified that the federal military cannot be used for domestic civilian law enforcement purposes with a few exceptions for special, unique, and extreme circumstances often as laid out in very specific laws. This law was passed in 1878 shortly after Reconstruction ended by both the House and Senate with comfortable margins and signed into law by then-President Rutherford B. Hayes. The exceptions allow the president to work around or go over the Act in times of severe emergencies.
While there are some issues of “ambiguity” in the Posse Comitatus Act, the long tradition of taking great care with the use of military forces on U.S. soil in non-war settings is clear and Trump’s domestic military deployments in 2025 are not ambiguous in that his premises for deploying them to begin with were flat-out-false or grotesquely unproven, unsubstantiated assertions (“untethered to the facts,” in federal Judge Karin Immergut’s words from her ruling after an emergency hearing in Oregon late yesterday; for this, permanent caricature and White House Deputy Chief Staff Stephen Miller irresponsibly and dangerously called her actions a “legal insurrection” that aids “an organized terrorist attack on the federal government and its officers,” yet another proclamation of open season on the judiciary). The Trump Administration’s wild claims are contrary to existing publicly available information, with no serious attempts made to counter such information with a proper presentation of demonstrably better or updated information as would be expected under a normal, functioning government. And though he has far more authority to deploy troops to the District of Columbia, of which I live just outside (so yes, I have seen these illegally deployed forces many times and spoken with them), false premises were still articulated for the DC deployment, so it was still, therefore, illegal before any other considerations are raised (despite raising concerns about the statistics for crime in DC, Trump authorized deployments to the District outside of any federal process to review, challenge, or improve crime statistics reporting in Washington, a common problem many cities confront, and the U.S. Department of Justice only initiated an investigation after Trump’s deployment; any effort to demonstrate any sort of adherence to proper procedure would have seen the investigation happen and conclude far before any military deployment, prove the statistics are clearly false, and demonstrate that officials in Washington were bad-faith and not cooperating or responding to good-faith efforts to obtain cooperation or improve said statistics).
Plenty of scholars have also pointed out that both the intent and context of Posse Comitatus Act and its related laws at the times they were enacted and the spirits with which they have been enforced since are incompatible with Trump’s machinations, not just legally but also constitutionally. And the main exceptions allowed for and invoked under the 1807 Insurrection Act are for situations totally different than the country finds itself in today: it and precursor legislation saw thirty events in U.S. history result in invocation since 1792, the most recent occurrence for the 1992 L.A. riots. This was notably at the request of California’s governor at the time, the opposite of Trump’s baseless, illegal and unconstitutional deployments there now in 2025.
West Banking America
But the point is, whether in the West Bank of the United States, there are clear restrictions on a.) military forces being deployed in normal circumstances and, even in extraordinary circumstances, b.) when, c.) where, and d.) how they can be deployed.
Yet as noted, for years, Israel and especially Netanyahu have ignored these restrictions whenever they have felt like it and, indeed, have increasingly attacked the idea that these restrictions have any validity whatsoever. In short, the law is treated as whim, and everyone knows the dirty truth deep down that even some Israelis can admit: the West Bank is an apartheid system, based on religion and ethnicity: ethnic and religious Jews with Israeli citizenship in the West Bank are accorded full Israeli civil rights in the face of Israeli authority, while, in practice, Palestinians (be they Muslim or Christian) have no rights at all and are totally subject to whatever whims and depredations the military rule of the Israeli state and its supporters mete out, up to and including mass vandalism, rampant property destruction, prodigious assaults, orchestrated ethnic cleansing, rarely-punished murders (even of Palestinian-Americans), and indefinite child detention, whether from official government security forces or any number of Jewish settlers engaging increasingly in terrorism with the state’s backing, sometimes far more than tacit. Even before October 7 in 2023, that year was still the deadliest year for Palestinians in the West Bank since the Second Intifada that ended in 2005, meaning the deliberate escalation in the West Bank by Israel has little to do with October 7, and settlers have even attacked positions of their own IDF in the West Bank when such settlers feel they are not being given enough impunity, showing their lawlessness knows no bounds. Essentially, you have rights or not based on who Israeli authorities want to have rights there, and they award them to their side while denying them to the other. Lines on maps, the law, human rights (for those they deemed unworthy) meant nothing, but rewarding their supporters and punishing their opponents is everything.
What has been the obvious “legal” reality for many years in the West Bank—only intensifying more and more over time both qualitatively and quantitatively and now exploding—is now something Trump wants to recreate for all America, turning the whole country into a Wild West Bank of Lawlessness.
But where for Israel, the divides are relatively simple and easy—Jewish vs. Palestinian—here it’s MAGA against everyone, even sometimes other MAGA (some Trump voters are now seeing friends, coworkers, and family members deported, detained, or arrested, even veterans). If you are a U.S. citizen supporting what Trump is doing and your family and friends also match this description, you have little to worry about when it comes to this (for now…). But if you are an immigrant who is undocumented/unauthorized who has no criminal record, a legal non-citizen resident—even one showing up for your own immigration hearing—or a U.S. citizen who is either ready to exercise your constitutional rights to ask questions, protest, and confront what is happening or is just at the wrong place at the wrong time, you are not necessarily protected by the law anymore. Furthermore, by far the vast majority of the human beings being detained and deported are non-violent and non-criminal, whatever nonsense is claimed to the contrary by whomever in power. And the masked, large, tattooed, angry individuals newly minted as ICE (Immigration and Customs Enforcement) agents in paramilitary style and other federal fun folks are here to make sure you do not feel safe. Are you an elected official, including a sitting U.S. Senator, simply asking questions of federal officials? It does not matter, you can be handcuffed or bodyslammed with the least-protected among us.
Like Netanyahu and too many Israeli leaders in years before, Trump and his similarly extreme, similarly-minded counterparts are hell-bent on erasing, de facto or de jure, the lines the Posse Comitatus Act solidified in the sand on the limits of the use of federal military in a civilian setting, lines for principles clearly enshrined by U.S. Constitution and over two centuries of precedent, principles the Trump Administration is shredding not just in the streets of American cities but even partly also in the waters off the coast of Venezuela.
In seeking to erase legal rules binding the authorization, deployment, and use of federal military forces on U.S. soil in civilian settings (leaving similar jurisdictional mission creep in Venezuela aside), Trump and his MAGA minions with illegal occupation in America are trying to recreate key aspects of the fascist nightmare of the illegally occupied West Bank. But here in the U.S., this is not based on two warring and competing nationalities and one of those nationalities’ democratically elected leaders pursuing total subjugation at best or actual genocide of the other nationality at worst, broadcast daily for all the world to see and fueled by insane colonialist, imperialist, expansionist fever-dreams based on ancient fantasies and ancient maps, no. Here in the U.S., Trump is trying to divide Americans on ideological, political, and legal-status lines, lines he will use to award and protect rights for some, deny them to others, still dangle to yet others as ways of obtaining “obeying in advance” or to even explicitly threaten, say, ABC and Disney over a certain late-night host named Kimmy Kimmel. As JB Pritzker, the Democratic governor of Illinois fighting back against Trump’s illegal military deployments to Chicago, noted during that drama: “Tyranny requires constant effort. It breaks, it leaks. Authority is brittle. Oppression is the mask of fear. Remember that,” quoting the amazing antifascist masterpiece that is the Star Wars show Andor. Yet, we must also remember that, however much Trump and Netanyahu act out of fear of losing power, they are also clearly in the drivers’ seats, consolidating more and more power for themselves in ways the founder fathers of both the U.S. and Israel never intended.
And while there is hardly the level of violence between the sides as in the Israeli-Palestinian conflict even as political violence in the U.S. may be on the rise, dynamics are between the two have been converging somewhat for some time and make no mistake about it, the key principle is the same: longstanding, binding legal distinctions are melting away in the face of determined illegality, such that the law disappears and factional whim reigns supreme so one side can enforce its will upon the other, tyranny replacing law as the very system. In short, Trump seeks to create a political apartheid here in the U.S., a West Bank of Left and Right, “evil” and “good,” veering Manichaean and not dissimilar in legal nihilism to the separate and unequal system of Jew and Palestinian (or “Arab,” so much less specific…) in the West Bank’s Nablus but bringing it to New York.
Adding New Meaning to “Executing” the Law
To execute their plans, both Trump and Netanyahu have hosts of extremists willing to unquestioningly nakedly embrace the partisanship of their missions, from U.S. Attorney General Pam Bondi to Israeli National Security Minister Itamar Ben-Gvir, from U.S. Secretary of “War” Pete Hegseth to Israeli Finance Minister Bezalel Smotrich (all of whom have had their own past issues with illegality or criminal probes well-before 2025: Ben-Gvir and Smotrich being convicted and arrested terrorists, respectively; Bondi in the center of a criminal bribery and obstruction scandal with Trump; and the brotastic Pete Hegseth, well, being brotastic Pete Hegseth…), just to name a few, with far, far too many others alongside. And these allies have made it clear, sometimes as senior law enforcement officials: if we don’t like you, the law cannot protect you from us and we are coming for you. While in Israel, broadening this behavior to include Israeli Jewish citizens has been far milder than what has been done to Palestinians—even those in Israel with Israeli citizenship but especially those without Israeli citizenship outside of Israel in the actual territories of actual Palestine—Trump and his lawless allies are rapidly casting a far wider dragnet, or at least attempting to do so, advancing on several fronts even as I write this.
Yes, you are witnessing the MAGA Trump Administration’s attempts at illegal jurisdictional jumps dehumanizingly intending to target both directly and indirectly various large swaths of the population in America, illegal deployment by illegal deployment, related measure by related measure, until Trump has created a de facto national federalized police state he can use to prosecute and intimidate his opposition and others deemed undesirable, jurisdictional issues and the law be damned. They have lost the program when it comes morality, cartoonishly celebrating their roles as oppressors (of certain people) and projecting so publicly for all to see.
Maybe a lot of this should not be surprising, since both men have no problem breaking the law: Trump is an insurrectionist and convicted felon and Netanyahu is currently on trial in three cases in Israel for damning corruption crimes (with Trump, unsurprisingly in true birds-of-a-feather mode, even very publicly pressuring Israel to stop Netanyahu’s trial) in addition to having the International Criminal Court issue a warrant for his arrest in 2024 for war crimes. Both men are fascists remaking their countries in a fascist image of their former democracies, the actions mentioned herein just some of the examples (I do not use the term “fascist” lightly, but carefully and specifically and with history in mind).
At this point, one really has to wonder if either the U.S. or Israel can still be fairly termed “democracies,” because in key ways, the rule of law is damaged, dying, or dead as both Israel and the U.S.—Bibi and Donnie—continue to feed, rather than restrain, each other’s worst tendencies.
But it is both too easy and too simple to blame just such leaders: voters in both countries could have easily set their countries on different paths—ones that respected the rule of law—and voters in both countries rejected, even if narrowly, the rule of law in favor of Trump, Netanyahu, and the fascism they represent, whether they realize it or not. And perhaps nothing screams fascist more than violently taking away legal protections for the most vulnerable and defenseless and, in turn, their allies in order to expose the chosen to ever more deprivation and violence at the hands of the same people taking away their rights and protections.
In the current state of Israel’s short history, this could simply mean the end Israeli democracy. In the U.S. context, this would be like the success of white supremacist terrorists during Reconstruction in brutally taking away Freedmen’s rights throughout the south, except that Trump is engaging in this massive ripping away of rights not in one region but in the whole country. 2025 may yet be known a watershed year for America, Israel, and Palestine, but only for the most horrific, sad, pathetic, and—perhaps most importantly—most preventable of ways.
See all of Brian’s work on the Israeli-Palestinian conflict here.
© 2025 Brian E. Frydenborg all rights reserved, permission required for republication, attributed quotations welcome
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