Local government officials cannot arrest foreign leaders even when they believe such individuals should be held accountable for war crimes, because U.S. law (including the American Servicemembers Protection Act and 18 U.S. Code 112) prohibits local authorities from cooperating with the International Criminal Court and makes it a crime to imprison foreign officials or official guests, which would result in the arresting official facing criminal prosecution rather than the target.
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Mamdani MOCKED over push to arrest Netanyahu
Added:All right, welcome back. Mayor Zohran Mamdani is doubling down on his calls for Israeli Prime Minister Benjamin Netanyahu to be arrested here in New York City and making it clear the leader of the world's only Jewish state is not welcome in one of the Jewish population's largest cities in America.
The mayor's remarks come today after he posted this video on X last night admitting he has no power to arrest Netanyahu. In this 2-minute long post, the mayor makes no mention of the October 7th attacks by Hamas.
He did condemn the attacks today when he was prodded by a reporter, but New Jersey Democrat Josh Gottheimer tore into the mayor. Take a listen.
>> What shocks me about all of this is the double standard. You know, we've got people Iranian leadership that have been in New York. Obviously, Iran a top enemy of the United States of America, the regime there, killing Americans including uh soldiers who've recently been killed in our armed services.
Um and and yet he says nothing about that.
>> CB Cotton's here with breaking details right here in the New York studio. Hey, CB.
>> Hey, Jillian. So, today New York City Mayor Zohran Mamdani is standing by his social media video where he said while the city has no power to arrest Israeli Prime Minister Benjamin Netanyahu, he believes the federal government does and should. And he insisted that his critique is not just targeting Netanyahu, but anyone who is accused of war crimes by the International Criminal Court.
>> My interest in executing that warrant is not specific to Benjamin Netanyahu, but to anyone who they put a warrant towards for war crimes and crimes against humanity.
>> But critics point out that the US does not recognize that court, and they also note that in his 2-minute video, Mamdani yes made no mention of the October 7th attack in Israel. Israeli and Republican leaders now saying Mamdani needs to focus on running New York City.
>> Jumaane Williams is a mayor, and last time I traveled to New York City, it seems like he should focus more on picking up the trash and fixing the potholes and cracking down on crime than trying to have his own foreign policy.
>> So, Williams' public feud with Israeli leaders continues to grow. His social media video echoed his previous comments to The New York Times, where he said Netanyahu should be arrested over a 2024 International Criminal Court warrant that accused Netanyahu of war crimes in Gaza. Netanyahu responded earlier this week to The Times interview, defending Israel's wartime actions and rejecting the legitimacy of the International Criminal Court. President Trump has already shut down the idea of Netanyahu's arrest, posting a Truth Social on Monday that the Israeli leader would not be arrested in {quote} any way, shape, or form while in the US.
Jillian.
>> All right, T. V. Cotton here in the New York newsroom for us. Thank you.
Okay, let's bring in Marc Thiessen, Fox News contributor and former speechwriter to George W. Bush. Mark, welcome to you.
Where do you think Williams thinks she's getting with this?
>> So, first of all, it's not that he doesn't have the authority to do it, though he doesn't, is that if he tried to arrest Netanyahu, he would be the one in jail and not Netanyahu. Because it is against the law for US for any local official under the American Servicemembers Protection Act, a law that was passed after the ICC claimed jurisdiction over the United States, prohibits state and local officials from cooperating with the ICC in the execution of a warrant against either an American or an allied person. So, it's against that law. And then on top of that, there is US 18 US Code 112, which is the law on protection of foreign officials and official guests of the United States, and it makes it a crime to imprison either a foreign official, official guest, or internationally protected person, that's Netanyahu is all all of them, punishable by 3 years in prison. And if it's done with a deadly or dangerous weapon, 10 years in prison.
So, if if if he gave the order to the New York police, first of all, they wouldn't follow it cuz they're subject to the same law. But if he tried to arrest Netanyahu, Trump could have him arrested and put in jail, and he could be prosecuted by the Justice Department and in jail for up to 10 years.
>> Rashida Tlaib's offering up to our Fox News Digital another way to go about it.
Listen.
>> Does he even have the authority to explore the arrest of Netanyahu?
>> I don't know if it applies to citizen's arrest. If he needs help, tell them call me.
>> I don't know if it applies to citizen arrest, she says. If he needs help, call me. Your reaction?
>> Oh, please. Please, go ahead. Try and make a citizen's arrest of Netanyahu because then she'd be in prison for it.
And by the way, it's also under that same law, it is also a crime to try to intimidate a foreign official in or official guest of the United States in carrying out their duties while they're in this country. If if a court found that that that Mondaire was trying to intimidate Bibi from not coming to the United States, not participating in the UN General Assembly, that's punishable by six months six months in prison and a fine.
So, he's he's on the wrong side of the law here. It's not just that he doesn't have the authority, is that he would be the one in jail if he tried it.
>> here's more from Mondaire today, Mark.
Listen.
>> I can look at October 7th and describe it for what it is, which is a horrific war crime. And I can also look at Benjamin Netanyahu and see the way that he has orchestrated this genocide and also deem him to similarly be a war criminal.
>> I don't know how you react to that, Mark, but as you do, I want to put up on the screen a scroll.
It shows the rise in anti-Semitic attacks that have been happening in the United States from 2024 through 2026.
That number continues to go up, and as we look at a chart, it slowed a bit from the year prior, but still at all-time highs. Mark, does what he is saying there help at all?
>> Well, he says, "I could condemn October 7th." And yet he didn't.
That wasn't just an off-the-cuff comment he made. He sat down and read a script that had been prepared for him in a video explaining that unfortunately he couldn't arrest Netanyahu, but calling him a war criminal, completely forgot to mention October 7th, which is the reason why Netanyahu went to war in Gaza. And by the way, you know, the UN General Assembly, who else is coming to the UN General Assembly? The leaders of China, who are engaged in genocide against the Uyghurs, the leaders of North Korea, who who maintain gulags and prison camps with hundreds of thousands, if not millions, of prisoners, the leaders of Myanmar, the leaders I mean, name the rogues list of countries coming to the And by the way, none of those people have been indicted by the International Criminal Court. It's only Netanyahu. And they tried to investigate the United States of America. You know, we just had the dignified return of American service members who are out who went out and risked their lives to protect our country from the threat of Iranian nuclear weapons. By the way, no Iranians indicted by the International Criminal Court for the tens of thousands of people they massacred in January.
They're going to be able to come to New York and participate in the UN General Assembly. And did this court presume to sit in judgment of the thousands of American servicemen who are stationed in in the Middle East and throughout the world protecting us and says that they can be tried without consent of the United States in violation of the US Constitution, in violation of US law for carrying out US foreign policy objectives, and tried by foreign judges in an international tribunal? No, hell no.
>> Mark Thiessen, we appreciate you. Thank you very much for coming on.
>> Thank you.
>> All right, Jillian.
>> Be sure to like and subscribe for all the Fox News latest on YouTube and catch full shows streaming now on Fox Nation.
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