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Netanyahu Can Sue Mamdani for His Smears
Israeli Prime Minister Benjamin Netanyahu at a press conference at Mar-a-Lago, on December 29, 2025. (Joe Raedle via Getty Images)
The mayor’s lies about Israel’s war in Gaza expose him to a libel suit. Here’s the case Netanyahu could make.
By Jed Rubenfeld
07.30.26 — New York
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Ever since Zohran Mamdani’s recent televised speech accusing Israeli prime minister Benjamin Netanyahu of being a war criminal, there’s been little discussion about a pretty obvious legal move Netanyahu might make: suing Mamdani for libel.

That may have to do with what happened—or rather, didn’t happen—in May, when Netanyahu threatened to sue The New York Times over columnist Nicholas Kristof’s unsubstantiated allegations of prisoner abuse. I wrote in these pages at the time that Netanyahu had no case. Kristof didn’t say Netanyahu was personally responsible, and American law doesn’t recognize libel against a government or nation. Netanyahu never brought that case.

But Mamdani’s diatribe is different. Mamdani specifically named Netanyahu and explicitly accused him of heinous crimes, including genocide and the maiming of children. As a result, while Netanyahu v. Mamdani would be an uphill battle, it could be won.

Here are the major questions surrounding such a suit.

Can a sitting mayor be sued for libel?

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Jed Rubenfeld
Jed Rubenfeld is a professor of constitutional law at Yale Law School, a free speech lawyer, and host of the Straight Down the Middle podcast. He is the author of five books, including the million-copy bestselling novel The Interpretation of Murder, and his work has been translated into over thirty languages. He lives with his wife, Amy Chua, in New York City, and is the proud father of two exceptional daughters, Sophia and Lulu.
Tags:
Benjamin Netanyahu
Zohran Mamdani
Law
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