CNN legal analyst calls out 'utterly ridiculous' claim by Mamdani about Netanyahu arrest

CNN legal analyst Elie Honig called out New York City Mayor Zohran Mamdani on Monday for saying he was looking at whether the city's authorities could arrest Israeli Prime Minister Benjamin Netanyahu if he visits.

"So, Elie, give us a reality check here. Can Mamdani have Netanyahu arrested?" CNN's Brianna Keilar asked Honig.

"Absolutely not. It is utterly ridiculous for the mayor of New York City to even suggest that he might have the authority to order the arrest of Benjamin Netanyahu or any visiting foreign head of state. First of all, the Mayor of New York City has zero law enforcement authority. He does not tell the Manhattan D.A., the NYPD, who to arrest, who to indict," Honig responded.

Honig noted that the U.S. was not a signatory to the International Criminal Court (ICC), and therefore the arrest warrant the ICC issued for Netanyahu has no impact here.

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"Second of all, this warrant that we're talking about here was issued by the ICC, the International Criminal Court, which we are not signatories to here in the United States. So, that warrant, issued by the ICC, has zero legal effect here in the United States. In fact, we have a federal law here in the U.S., passed 24 years ago, that says, if necessary, the president can send military troops to pull our people and our allies out of the ICC. So, that warrant has zero impact," he said.

Honig added, "The Constitution is quite clear that the conduct of foreign diplomacy, foreign affairs, is entirely up to the federal government. It's certainly not up to local and county governments in New York City or elsewhere."

"So, I know the mayor is having his best lawyers look at this right now. Let me save them some time. You do not have the authority to do this," the CNN legal analyst concluded.

In remarks first reported by The New York Times, Mamdani called Netanyahu a "war criminal" who "belongs in The Hague" and said his administration is in an "active conversation" with the city's Law Department over what legal authority New York City possesses should the Israeli prime minister travel to the Big Apple.

"Whatever the law allows me to do in New York City, that’s what we will do," Mamdani said, adding his administration would not write new laws for that purpose.

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When reached for comment by Fox News Digital, the mayor's office referenced Mamdani's statement from an unrelated press conference on Monday.

"When it comes to Benjamin Netanyahu, we are talking about someone who's the subject of an international criminal court arrest warrant," Mamdani said. "And he's the subject of the arrest warrant for alleged crimes against humanity for war crimes, and he's the architect of the genocide of Palestinians in Gaza as Israel's prime minister. These are not facts of my personal assessment; they are facts of public record. And I believe that when someone is charged with an international criminal court warrant, it's something that should be taken seriously, whether it's Benjamin Netanyahu or it's Vladamir Putin or whomever else." 

"What I've also made clear is my administration will follow all applicable local laws," Mamdani said. "That is our commitment, that is something we will follow through on when it comes to adherence to local law and that's all I have to add on that." 

 He continued, "My point is that if someone is charged with a warrant by the international criminal court for these kinds of crimes, that's something that I believe should be honored, and I've also said that we will follow our local laws."

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U.S. Ambassador to the United Nations Mike Waltz slammed Mamdani's remarks as "pure political theater," saying the mayor has no legal authority to arrest Netanyahu.

In a post on X, Waltz argued that the U.S. is not party to the ICC's founding treaty, the U.N. Headquarters Agreement protects visiting heads of government, head-of-government immunity applies, and "federal authority trumps any local mayor's wishes."

The ICC issued arrest warrants for Netanyahu and former Defense Minister Yoav Gallant in November 2024, over alleged war crimes and crimes against humanity tied to Israel's military campaign in Gaza.