Beyond the Cusp

March 27, 2019

Israeli Absurdity of the Rule of Law

 

There will very probably be any number of reports about how the Israeli government is working to destroy the democracy. These screams and wails of lament will be coming from some justices from the Supreme Court, Attorney General Avichai Mandelblit but most prominently from those on the political left. The further into the progressive and even communist left one travels, the ever louder the banshee screams will be heard. There is a very simply reason behind this, and it has to do with the last stand of the rascals. For quite some time the Israeli population, and thus the Knesset, have been moving inexorably towards the nationalist and Zionist end of the spectrum, in Israel that is called the right wing. Another trend has been for the percentage of the population which is religious orthodox, but not Haredi, has been increasing and keeping pace with the Haredi if not surpassing them. Meanwhile, the liberal-progressive-left has watched their percentage slide slowly in an ever-decreasing spiral with their holding out largely in the Tel Aviv leftist echo-chamber. This has been cause for their lament as they watch their path of last recourse to halt their slippage from power slowly being brought back into proper proportion. Ever since the former Supreme Court Chief Justice (President) Aharon Barak ruled that “all things are adjudicable,” the Supreme Court has taken the position that they know what was best for Israel and if the Knesset could not agree, then they would take matters, and the law, into their own hands. This meant that should the Knesset pass legislation with which the liberal left disagreed; they would employ the Supreme Court to overturn the law. This also allowed for the leftist Supreme Court Justices to implore the court to overturn any legislation without the need for any petition from outside the court. Then they decided that perhaps they could and should write the needful laws as they viewed Israel. They went as far as countermanding orders given by IDF commanders even during times of conflict if they believed that the IDF might cause suffering upon those they were fighting. These justices did not understand the principle that you win conflicts by making your opponents pained or worse. The Supreme Court went to such extremes that even the most casual observers were taking note and starting to complain that the Supreme Court was superseding the will of the people and their duly elected government, and this was indeed troubling to many.

 

Then there is the case of the Attorney General, almost every Attorney General. Every election cycle, whether the previous government went full-term, a great rarity, or whether early elections were called after dissolving the Knesset, invariably the candidate who was atop the ticket for the leading right leaning party which was predicted to be tapped, if they took sufficient Ministerial Mandates for the upcoming Knesset, would have announcements that they could or were coming under indictment for bribery, kickbacks and other unethical behavior. These charges were often frivolous and seldom ever came to trial. As for Bibi Netanyahu, he has had the same cases used for the past decade. Originally, there were around eight separate investigations kept simmering on the back burners never quite coming to a close. With the upcoming elections it has been announced that, surprise, surprise, Bibi Netanyahu might be arraigned on any of three separate charges after he has been interrogated and a deposition taken which, of course, will be scheduled for some time after the election. One would not be out of line to ask, after which elections, this election, the next election or forever until Bibi does not run and then they would be dropped? He stands accused of bribing a news source for positive coverage after which they continued to tear him apart at every opportunity. Then there is the most ridiculous charge of them all. He accepted expensive cigars, expensive champagne and other than cheap costume jewelry as presents from a billionaire friend who had dined at the Prime Minister’s house. Really, that is the crime? What do they expect a billionaire to give as presents; cheap it’s a boy cigars, a box of Franzia wine and a Dick Tracy decoder ring for Mrs. Netanyahu? This was a billionaire, not just some paltry odd millionaire. But when one is grasping at straws, you get what you expect, total ridiculousness wrapped up all pretty so it looks authentic and real. There are some demanding that the dropped cases be reopened though they have already been played out and were seen for what they were, but it is Bibi and another elections, he must be stopped. The desperation is far too evident and all despite the polls already indicating that the Blue-White Party with former Chief of Staff General Gantz atop the ticket sharing it with ex-newscaster Yair Lapid presumably leading in the majority of the polls. But why leave anything to chance when you can potentially remove Bibi from office after the election by charging him and then having the Supreme Court order him to resign. Why stop there, order new elections and continue to do so until the Supreme Court and Attorney General get a Knesset they prefer. The Supreme Court has already moved to decide who is permitted to be on the ticket by removing a candidate who they see as too far right despite his having served on the Knesset previously and insisted that every party and candidate which believes that Israel is wrong and the Arab Palestinians are right must be permitted to be in the ballot. Why stop there when the Supreme Court could just as easily formulate a list of candidates approximately, well, exactly, one-hundred-twenty names all of which they agree with politically and then allow the people to vote to decide who will be the one-hundred-twenty Minister of the Knesset, that would remove any doubt that the Knesset would act as the Supreme Court demands. But then the Attorney General would not have any political arraignments left on his books and would be bored without having to seek out crimes where none exist.

 

Billionaire on a Budget Gift Set for the Prime Minister and Wife

Billionaire on a Budget Gift Set for the Prime Minister and Wife

 

The problem is very simple to understand. Somewhere back at the beginning of the State of Israel, those who crafted the governance in their infinite wisdom, set up a system by which the Supreme Court, Attorney General and a small group of select individuals including representatives of the lawyers guild would determine who was chosen to be a judge, any judge, including Supreme Court judges and also choose the Attorney General. This system resulted in the Supreme Court choosing identically like-minded judges in every judgeship as well as who would replace any retiring or other vacancy on the Supreme Court as well as choosing the Attorney General. Israel was a socialist and extremely leftist nation with an agrarian economy, so maybe this made sense. Israel has changed. Not only is Israel a burgeoning capitalistic economy which is partially high-tech agriculture, but also heavily into medicine, electronics, software, apps, and many, many various highly educated endeavors. The courts are still back in the glory days of the socialist utopia and refusing to be dragged along with the nation. That causes friction and resentment every time the courts attempt to undo the modernization of governance and making things progress. So we have what is called a progressive court which is against progress which has taken the nation further from being a socialist haven. The courts and their selection processes are going to change, if not now, then soon or when the people are so fed up that they demand that the entirety of the judgeships be removed, a new system put in place and then a whole new justice system enacted, selected, approved and ready to move with the people and not ruling against what the nations as a whole desires. The courts have become so reactionary that some on the left are even seeing the problem; they just are not quite ready to lose their place of final recourse. Changes have already started and will continue apace unless the elections prove to have returns which we here are not expecting. Our view of the results of the coming April 9, 2019, elections is that the Likud will once again be tasked with forming a coalition, probably first shot, but even if the Blue-White Party gets first shot, it is thought that they could only muster fifty-five of the necessary sixty-one mandates and thus have to allow another party to try. That other party would be the Likud as things currently appear. Now should the Supreme Court order Bibi to step down as the head of the Likud Party now, with less than three weeks, possibly two by the time this is published, and it would throw a wrench into the entire elections and then the Blue-White Party would be all but assured of forming a coalition and thus save the courts from the will of the people. Contrary to what is often reported, the Blue-White Party stands squarely behind the two-state-solution despite their protestations to the contrary. Now we (I) could be wrong, but my political sense is not often that far from reality, much to some people’s consternation. Given my druthers, we would very much like to see Rafi Peretz from Jewish Home and leader of the Union of Right-Wing Parties be the one tapped to form a coalition, that could only happen were Bibi removed by the Supreme Court, something few desire. The man, Rafi Peretz, is a former Chief Rabbi of the IDF, head of the Otzem Pre-Military Academy in Yated, a combat helicopter pilot, and to match the Blue-White Party claims to fame, is a retired IDF Brigadier General and from reactions to his naming, a well respected gentleman as told by IDF veterans who knew him. We could call this the pipe dream for the coming elections.

 

Beyond the Cusp

 

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