Latest / DEEP INSIGHT / Can Mamdani arrest Netanyahu in NYC - Attorney weighs in

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Can Mamdani arrest Netanyahu in NYC - Attorney weighs in · DEEP INSIGHT

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  Speaker 1: Could the Mayor of New York City have Prime Minister
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  Speaker 1: Benjamin Netanyah who arrest it? He says he's looking into it.
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  Speaker 1: The Israeli leader is expected to attend the UN General
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  Speaker 1: Assembly in New York in September. Speaking on The New
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  Speaker 1: York Times The Interview podcast, Mayor Mum Donnie said he's
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  Speaker 1: having quote active conversations about what the law allows him
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  Speaker 1: to do.
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  Speaker 2: You're actively looking to see if you can actually arrest him.
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  Speaker 3: I think we are looking at all of our legal obligations,
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  Speaker 3: and one of them is with regards to the United Nations.
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  Speaker 3: But the other part of this is is we're not
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  Speaker 3: talking about a personal assessment of Benjamin Nyaho. We're talking
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  Speaker 3: about the International Criminal Court and the fact that they
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  Speaker 3: have a warrant out for this Prime Minister's arrest or
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  Speaker 3: with its.
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  Speaker 2: Now seeing legal analyst Joey Jackson. Council, what does the
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  Speaker 2: law actually say here? What does allowman Donnie to do so?
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  Speaker 4: Corporation Council, they advise the mayor. They have got some
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  Speaker 4: great attorneys over there, but I think when they look
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  Speaker 4: at the law, they will advise the mayor that he
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  Speaker 4: does not have the legal ability to enforce this active
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  Speaker 4: warrant that was issued by the International Criminal Court. Right,
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  Speaker 4: we know we have this court. This court's been around
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  Speaker 4: for about twenty four years or so. They certainly prosecute
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  Speaker 4: war crimes, which is their legal right and obligation. But
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  Speaker 4: the New York City mayor has no authority and in fact,
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  Speaker 4: it's illegal for him to do so.
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  Speaker 2: Who does have authority?
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  Speaker 4: So you have member states and you have non member states, right,
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  Speaker 4: and these member states who are actively involved, they certainly
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  Speaker 4: have the authority to do so. Europe is involved, they
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  Speaker 4: could certainly do it. You've got countries in Latin America
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  Speaker 4: and Africa as well. United Kingdom is a member state here.
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  Speaker 4: The United States is not a member state.
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  Speaker 1: That's the key.
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  Speaker 4: Yes, it is.
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  Speaker 2: And even if the United States were a member state,
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  Speaker 2: would it be up to a city jurisdiction or would
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  Speaker 2: it be more likely a federal case.
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  Speaker 4: So it would be federal, but it would be a
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  Speaker 4: little bit more complicated. So here's the reality, right, there
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  Speaker 4: are multiple barriers that would prevent a local official from
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  Speaker 4: doing it. The first thing to your question is there's
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  Speaker 4: something called the preemption doctrine. What is that? That means
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  Speaker 4: that the federal government has these laws, some of which
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  Speaker 4: preempt local law. In this particular circumstance, the federal law
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  Speaker 4: would be controlling. And as a result of that, the
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  Speaker 4: federal law says, not only can you not do it, John,
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  Speaker 4: but it's illegal to enforce a mandate of the international
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  Speaker 4: community international Criminal Court. In addition to that, you have
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  Speaker 4: something called diplomatic immunity, which is absolute and based upon
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  Speaker 4: the diplomatic community. You certainly cannot touch Yati when he
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  Speaker 4: came here, So it would be illegal for the mayor
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  Speaker 4: to do that.
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  Speaker 2: So that pretty much sums it up, I mean, you know,
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  Speaker 2: and so his legal advice is gonna tell him, Hey,
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  Speaker 2: this is actually a non issue. B you can't do this,
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  Speaker 2: there's no scenario. Then roughly we're New York City Police,
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  Speaker 2: go and take him into country.
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  Speaker 4: There is no scenario. And in fact, John, you could
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  Speaker 4: be prosecuted for doing that. The law is very clear
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  Speaker 4: with respect to immunity. The law is very clear with
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  Speaker 4: regard to us not being a member state of the
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  Speaker 4: International Criminal Court. The law is very clear as it
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  Speaker 4: relates to not you know, not being able to touch
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  Speaker 4: Netnatu when he comes to New York, Okay, for the
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  Speaker 4: mayor to question and have his very good legal counsel
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  Speaker 4: way in. But I think when they do so, they
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  Speaker 4: will say, mayor you don't have the ability to do it,
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  Speaker 4: no matter what you may personally believe with regard to
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  Speaker 4: the active warrant for mister.
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  Speaker 2: That's what lawyers and billible hours are for. Doesn't mean
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  Speaker 2: that it will not be eventful. If and when the
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  Speaker 2: Prime Minister comes here in the fall, that will no
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  Speaker 2: doubt be a big deal.
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  Speaker 1: First, what do we know about what is possible?
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  Speaker 5: Julia right, right, So this does not appear on its
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  Speaker 5: face to be possible because according to international criminal court proceedings,
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  Speaker 5: you have to a country has had to agree to
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  Speaker 5: the Rome Statute to basically, you know, arrest someone within
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  Speaker 5: the rest moritoriously.
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  Speaker 1: Is not all that interested in participating.
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  Speaker 5: In The Trump administration and the Biden administration have notoriously
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  Speaker 5: not great relationships with the ICC. That being said, though,
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  Speaker 5: I do find these comments fascinating because we are seeing
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  Speaker 5: really a decline in support of Israel from Americans across
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  Speaker 5: the board, across the political board, on the far left
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  Speaker 5: or the left. You have someone like Zooron Mamdani talking
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  Speaker 5: about arresting Benjaminett and Yahoo But this comes roughly a
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  Speaker 5: week after we saw Vice President JD. Vance go on
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  Speaker 5: Joe Rogan's podcasts and essentially accuse Israel of manipulating us
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  Speaker 5: public opinion.
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  Speaker 1: We were talking about that, and I think the thing
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  Speaker 1: for me that's confusing, though, is these other people don't
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  Speaker 1: have this like very large Jewish constituency that has been active,
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  Speaker 1: activist and upset with the way he has talked about
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  Speaker 1: this issue. And I believe it was a campaign promise.
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  Speaker 1: But I've looked at a website that had dozens of
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  Speaker 1: campaign promises and most of them weren't fulfilled. Why would
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  Speaker 1: this be one that he would kind of talk about publicly.
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  Speaker 6: It's a strange political battle to pick us, especially because
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  Speaker 6: you think about a lot of the Jewish business leaders
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  Speaker 6: in New York who business leaders have threatened to lead
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  Speaker 6: the city.
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  Speaker 1: But like a gotcha moment, like is there no way
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  Speaker 1: he could have said, actually, that's not something I would
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  Speaker 1: do because he had promised it. Did he basically have
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  Speaker 1: to answer that way because it was The New York
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  Speaker 1: Times raising it.
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  Speaker 6: Oh, so you're saying, like, was he put into a
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  Speaker 6: corner and he has to give his most polarizing take
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  Speaker 6: because I mean, that's kind of been his whole campaign
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  Speaker 6: stick right, like putting out these incredibly sort of polarizing
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  Speaker 6: positions a lot of people have questioned whether or not
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  Speaker 6: they're even really possible, right, and then trying to utilize
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  Speaker 6: that to gain public support over one group within New York.
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  Speaker 6: The question becomes, Audie, to your point, new York has
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  Speaker 6: very different constituencies and can you run a long term
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  Speaker 6: mayoral tenure while polarizing literally half the city, like answer
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  Speaker 6: is to be seen. But I think that there's no
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  Speaker 6: way to Julia's point, that this is something that is
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  Speaker 6: we should be thinking about as more than a gimmick.
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  Speaker 1: Right. And at the end of the day, he can't
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  Speaker 1: run for president, right, So he's not thinking of like
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  Speaker 1: those big long term ambitions. But he is to me
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  Speaker 1: coming off as somebody who is part of a movement
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  Speaker 1: and trying to be at the front of a movement
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  Speaker 1: that requires coming up with sentences to say, right, as
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  Speaker 1: a Democrat or somebody who is progressive that will appeal
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  Speaker 1: to this world of the newly polled that are frustrated.
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  Speaker 7: Right, right, You're right that he can't run for president,
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  Speaker 7: but he does he does have a constituency that is
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  Speaker 7: more than just New York. He does have a national
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  Speaker 7: political following that is very interested in what he does
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  Speaker 7: and very interested in his influence, and he's very interested
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  Speaker 7: in flexing that influence. Obviously, we saw a lot of
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  Speaker 7: that in the New York races. Who knows whether that
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  Speaker 7: expands in the future, but this is part of this
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  Speaker 7: is an issue that is so critical to the base
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  Speaker 7: of the Democratic Party, so he's continuing even if it's
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  Speaker 7: not legal to tap into that.
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  Speaker 8: The leader of a key US ally in this wear,
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  Speaker 8: the Israeli Prime Minister Benjamin Atanya, as you know, Congressman,
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  Speaker 8: is scheduled to travel to New York City where you are,
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  Speaker 8: for the United Nations General Assembly in September. But your
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  Speaker 8: city's Democratic mayors Aroun Mamdani, now says his office is
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  Speaker 8: looking into the possibility of actually arresting him during that
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  Speaker 8: visit because the Prime Minister is a quote war criminal,
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  Speaker 8: that's what he says, who belongs in the Hague, that's
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  Speaker 8: where the International Criminal Court is based. Do you support
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  Speaker 8: or oppose what Mamdani is threatening to do.
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  Speaker 9: Yeah, Well, look, the United Nations is for all leaders
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  Speaker 9: to come to the United States, for them to have
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  Speaker 9: a chance to talk to the collective body, whether you
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  Speaker 9: agree with them or not. I have had on other
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  Speaker 9: sides with other folks to say that they should have
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  Speaker 9: had the right to come to the UN, and they
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  Speaker 9: did to speak to the United Nations in that regards,
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  Speaker 9: and people have the right to speak out loudly against
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  Speaker 9: what they may say and represent. That's fine, but I
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  Speaker 9: think the Maya has also walked that back some. I
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  Speaker 9: saw a quote where he said that he does not
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  Speaker 9: intend to violate federal law, existing law, UH and looking
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  Speaker 9: for other laws as President Trump sometimes does, you know,
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  Speaker 9: strives to go around the law, and that he understands
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  Speaker 9: that UH the UN's and functions. UH needs to continue
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  Speaker 9: to move forward and UH let the UN takes care
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  Speaker 9: of its business.
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  Speaker 1: UH.
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  Speaker 9: And so uh I I I think that uh UH
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  Speaker 9: the mayor UH should make sure that UH he's not
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  Speaker 9: arresting anyone at that at this point