CNN Legal Analyst Says NYC Mayor Has ‘Zero’ Authority to Arrest Netanyahu

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CNN senior legal analyst Elie Honig sharply criticized New York City Mayor Zohran Mamdani’s proposal to arrest Israeli Prime Minister Benjamin Netanyahu during a planned visit to New York, calling the idea legally baseless and impossible to carry out.

Honig, a former state and federal prosecutor, made the remarks Monday night during an appearance on CNN’s The Source With Kaitlan Collins. Guest host Brianna Keilar asked whether Mamdani would have the authority to arrest Netanyahu when the Israeli leader is expected to travel to New York in September for the United Nations General Assembly.

Honig dismissed the suggestion outright.

“Absolutely not. It is utterly ridiculous,” he said. “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.”

According to Honig, the proposal fails on multiple legal grounds.

He first argued that the mayor of New York City does not possess the authority to direct criminal prosecutions or order arrests.

“First of all, the mayor of New York City has zero law enforcement authority,” Honig said. “He does not tell the Manhattan DA, the NYPD, who to arrest, who to indict.”

Honig then pointed to the legal basis for the warrant Mamdani referenced, noting that it originates from the International Criminal Court.

The United States is not a member of the International Criminal Court, Honig said, meaning the court’s warrant carries no legal force within the United States.

“The ICC’s warrant has zero legal effect” in the U.S., Honig said.

Finally, Honig argued that matters involving foreign governments and international diplomacy fall exclusively under the authority of the federal government rather than state or local officials.

“And finally, Brianna, the Constitution is quite clear that the conduct of foreign diplomacy, foreign affairs, is entirely up to the federal government,” Honig said. “It’s certainly not up to local and county governments in New York City or elsewhere.”

The legal discussion followed comments Mamdani made to The New York Times over the weekend, where he said his administration was examining whether Netanyahu could be arrested during his expected visit to New York.

Mamdani had previously pledged during his successful 2025 mayoral campaign that he would seek to arrest Netanyahu, accusing the Israeli prime minister of committing a “genocide” in Gaza.

Speaking to The New York Times, Mamdani reiterated his position.

“I believe that Prime Minister Netanyahu belongs in The Hague,” he said.

“He’s a war criminal who has been charged by the International Criminal Court,” Mamdani added. “And what you will find is that is an opinion that is held by many, purely because of what his actions have wrought over these last many years.”

President Donald Trump also weighed in on the controversy Monday, saying Netanyahu would not be arrested during his visit to the United States.

The president declared that the Israeli prime minister would not be arrested “in any way, shape, or form” when he comes to the country.

Despite that response, Mamdani did not back away from his position. Speaking with reporters afterward, the mayor said that an International Criminal Court warrant should be treated seriously.

“When someone is charged with an International Criminal Court warrant, it’s something that should be taken seriously,” Mamdani said.

Honig concluded by urging the mayor to abandon the effort, arguing there is no legal path for such an arrest.

“I know the mayor is having his best lawyers look at this right now,” Honig said. “Let me save them some time: You do not have the authority to do this.”

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