Arab Israeli Lawmaker Defends Anti-Zionist Stance Ahead of Supreme Court Hearing

Sami Abu Shahada, an Arab Israeli lawmaker, submitted his response to the Supreme Court on Thursday, ahead of a hearing scheduled for the following day concerning his potential disqualification from the Knesset. Abu Shahada argued that a list or candidate is permitted to hold an ideological stance against Zionism, and that such a position alone should not be grounds for disqualification. He stated, "It is hard to believe that the State of Israel would expel from the camp anyone who is not a Zionist, or anyone who ideologically rejects the Zionist idea. Disqualifying a list or candidate for non-Zionist discourse and speech constitutes a reduction of the democratic component."

Abu Shahada acknowledged the difficulties raised by an article he published, agreeing with the Attorney General regarding the problematic timing of its publication and the lack of condemnation for the October 7th Hamas attack. He stated in his affidavit that he would not have published the article on October 7th and erred in publishing it at that specific time. However, he maintains that the article does not constitute support for armed struggle or the Hamas atrocities.

He explained that the article primarily describes and analyzes the events as he perceived them at the time of writing, distinguishing between describing events and offering a political interpretation, even a controversial one, and expressing support for the actions themselves. Furthermore, he argued that the article's main operative call is not for armed struggle but for a political process involving the Palestinian Authority and Arab states to achieve an immediate political negotiation to end the war and bloodshed.

Earlier on Thursday, the Attorney General and the State Attorney issued their firm opinion recommending Abu Shahada's disqualification. Their statement asserted, "The disqualification of the Knesset candidate Sami Abu Shahada must be approved due to his support for armed struggle in Israel, including during the October 7th attack, in extreme circumstances and at the most severe timing. The article published by Abu Shahada on 8.10.23, a day after the launch of the murderous terror attack, and while it was ongoing, expresses a perception of support for the armed struggle of the terrorist organization Hamas against the State of Israel. Abu Shahada's conduct lies at the heart of the disqualification clause in Basic Law: The Knesset. The explanations given by Abu Shahada retroactively for the difficult statements included in the article he published on 8.10, for the additional evidence presented, and for his overall conduct are disingenuous, partial, and do not address the central claims raised against him."