What has been abundantly clear and obvious throughout the judiciary reform issue is, where are Aharon Barak and the Supreme Court judges? Not a word of suggestion or compromise or acknowledgement of going too far. Not a word about the court’s political and obvious bias. Merely a push to keep the status quo and the judicial coup.
I understand that in the beginning Aharon Barak and Esther Hayut spoke out against the proposed judicial reforms. Barak criticised and belittled the proposed reforms, whilst not mentioning a word about how he manipulated a judicial coup. Using a legal sounding discussion, he obfuscated trying to justify the Supreme Court whilst avoiding the real issue of hijacking and abusing the law specifically to make law and what as a result developed into judicial tyranny. Strictly speaking, politics should have no part in law and what judges decide or rule.
There are umpteen examples of the Supreme Court crossing these red lines and being inventive or agendised to suit their personal politics or aims. A simple example is how Aharon Barak manipulated a case to allow non-interested and non-involved parties who have no standing in a case to be able to take a case to court. Defence Minister Yoav Gallant was a victim of Barak’s manipulation of the law when he was nominated to become the military Chief of Staff, but was in a later-settled private issue with the moshav he lives in. It was alleged he infringed on certain parts of the moshav’s property having a 350 square meter access road. A non-interested NGO, actually the Green Party, with no standing in the case threatened to take the matter to court and as a result Gallant’s nomination was withdrawn and Benny Gantz got the position by default.
In a long and extraordinary speech of the President of the Supreme Court, Esther Hayut harshly attacked Minister Levin's legal reforms while in broad strokes she laid out much of what the Court does and achieves. However, she strictly avoided discussing each reform proposal and in my opinion obfuscates painting a broad picture, thus avoiding the main issues. Hayut defends the selection committee for judges but neglects, as it suits her, to discuss the dominance of the judges on this committee and how they have an automatic veto. A fairer and more balanced selection committee would be an obvious and required improvement.
Reading Hayut’s speech I thought that at the end it avoids the specific issues, she avoids commenting on politically biased decisions the court has made and makes. She avoids the criticism of the court’s political bias and says nothing about the fact that generally it is an Ashkenazi dominated Supreme Court. What is required is a non-political non-racial court strictly based and appointed on merit and obvious qualifications and experience.
Hayut quotes a founding father of the state, Zev Jabotinsky as well as Menachem Begin and uses these quotes to justify what the court stands for, but nowhere does she refer in the slightest to the coup instituted and perpetrated by Aharon Barak and how that developed into a judicial tyranny. She skillfully avoids going there completely. Hayut claims “the Israeli method for appointing judges is balanced, professional, and guarantees fair and full representation to all relevant parties”. This is not true and the process can and must be more balanced and fair.
What is crystal clear is that apart from Barak and Hayut’s statements, they have been cowardly and hidden behind the protesters and the hypocritical opportunistic Yair Lapid. They made no move, no attempt at compromise, no leadership, nothing! All they did was protect the status quo. These are supposed to be wise erudite, often referred to falteringly and politely as “learned”, intelligent and experienced people, yet not one, no one has stood up to take a lead and acknowledge that since Aharon Barak staged his judicial coup, they have in their arrogance and elitism gone too far, created a judicial tyranny and offered no compromise or suggestions.
Holding on to power and control is far more important for a small unelected self-appointed elite who regard themselves above the Knesset and the citizens of Israel. What is it about human beings that they long for a king? As I understand it, the prophet Shmuel, Samuel, didn’t want to appoint a king, but the populace insisted and they then got Saul. Aharon Barak wanted to be a king.
The irresponsibility of these judges and Aharon Barak is extraordinary… or is it? Is it more proof that the self-appointed “elite” are just as weak and frail as most human beings can be? I was once in a High Court trial that lasted for eight years and five judges. In the end I won, but I saw the frailties and flaws of the judges, their errors and omissions and the damage they, and often their egos, can perpetrate. To the Israeli Supreme Court judges, know that you are human beings and true decency, common sense and law applies equally to you and should. I know you don’t like being told what to do and in your superior positions, you daily have members of the legal profession bowing and kowtowing before you ingratiating themselves with you to find favour and often not for the case immediately in front of you, but some possible future case. I have been then, seen it, experienced it and know.
There are so many issues that present themselves that needed immediate attention and response. In particular the sudden infiltration of politics into the IDF with pilots and others refusing to do their duty. This is more than unacceptable! It is treasonous and endangers Israel and encourages its enemies. I see the head of the air force has at last made at it clear that this behaviour is unacceptable and pilots et al will be dismissed.
These foolish people cannot discern the difference between defending the state and internal politics. There should be absolutely no politics in the military. These recent threats and actions are disgraceful and disgusting and have brought great shame on Israel and the Jewish people everywhere. The Israeli military have been our great pride. Do not allow a small minority to blemish Israel and the IDF!
It takes years and great expense to find and train people to become qualified and superb pilots and military officers. Israel is at constant war. Have you on the left lost your minds? The threats from Iran and its Israel surrounding surrogates, plus the internal fifth column, are not going away. Added to this is the continuation of America under Biden, but in reality Obama, to ingratiate themselves to and appease Iran. See the world for how it is and not how you imagine it could be. Face facts and reality!
What is also clear and emphasises the urgent need for judicial reforms is that not a single Supreme Court judge has broken ranks and spoken out, all almost strictly ad idem or controlled and afraid to speak out. Most interesting indeed! Let the masses fill the streets.
Talking of the masses, there is a sociological statistic that states that one person in a thousand is a leader. That is not the interesting statistic. It is the nine hundred and ninety nine sheep that is the really informative statistic. I am willing to bet that on this issue and many others, if the majority of the protesters were sat down and tested on their knowledge, most would fail. People are driven by emotions rather than logic and facts.
In addition, as is always the case, many unrelated issues are conflated with the main issue and traipsed forward as justification. A simple example is that Netanyahu has legal cases pending against him and this whole matter is to save him from going to jail. Rubbish! The cases are unrelated and the urgent need for judicial reform stands out and alone.
Then there is in some people the overriding dislike and hate for Netanyahu. Again, they had a chance during the elections to express their dislike and vote. The trouble for them is that more people supported and liked Netanyahu than those who do not. If they are such believers in democracy and want to preserve it, as they allege, then respect it and the will of the majority. Mob rule is not the solution.
Things are not always what they appear and the judicial reforms provided a way to try and get Netanyahu out, elections be damned. Hardly democratic. Then Yair Lapid, who had a smattering taste of being an interim premier saw and ceased the opportunity to escalate the whole kerfuffel make much trouble for the new government and ingratiate himself to the Obama-controlled Biden regime in Washington. Israel is not an American vassal state and Lapid should recognise that. Israel is a free and sovereign state and after two thousand years is more precious than ever.
It is as if the Israeli left have to always completely emulate and copy the American left and Democrats. I am sure that at the time, every one of these protesters didn’t think well in the slightest of BLM and Antifa, the Democrat Stormtroopers. Probably disparaged these two thuggeries at the time. Yet here they are, not nearly as destructive, but nevertheless they are emulating them. Of course, unfortunately having a highly questionable and demented President in America completely surrounded by Obama apparatchiks also helped and provided encouragement and finance. There is much to criticise in America and it has its own internal conflicts, but does Israel get involved as they do in Israel’s private affairs? No, it does not!
There are further parallels with the left in Israel and America. The American Democrats and left hate and attacked President Trump from the minute he announced his candidature and up until today when they maoevred his indictment. These attacks were and are copied with the constant attacks against Netanyahu. Yet, for all his flaws, Trump was an excellent President and hugely supportive of Israel and the Jews. Accusations of Trump being anti-Semite are ridiculous and untrue and definitely irresponsible. Trump, right now, is probably the best candidate to again become President and save America from the quagmire the completely incompetent and compromised Biden has created.
Netanyahu is the real adult in the room that Israel needs at this time with all the threats and dangers all around. The threats and dangers are not limited to Iran and all its Israel surrounding surrogates, it also extends to dealing with Biden and his Obama apparatchiks, to the ever perfidious Europe et al. Right now Netanyahu is the most experienced politician in Israel and the criticism from the likes of Ehud Barak and others is basically a form of jealousy.
Those who can remember history, will recall how Britain after WWII did not re-elect Winston Churchill, the man, the only man who could and did bring them through the war. Instead they elected an amorphous little man, a socialist, Clement Attlee, who proceeded to damage Britain to an enormous extent that it took decades to recover from, if they ever have. Of course in the very next election they recalled Winston Churchill, who by then was already quite old.
Following this example we have the British Conservatives ousting an absolutely superb Prime Minister in Margaret Thatcher replacing her with another grey amorphous and colourless individual in John Major. The same happened with Tony Blair who had to stand down as the Labour Party thought it was time to “give Gordon Brown a chance” as he had been waiting for a long time in the wings. How ridiculous!
Right now Netanyahu stands shoulders above any of the other ambitious party leaders in Israel. Some of whom essentially don’t differ in policies to Netanyahu and the Likud and it is only their egos and dislike for Netanyahu that keeps them going and from joining the coalition and giving Israel, for a change, a truly strong majority government. The truth is Israel is a majority right wing country, with no aspersions or implications on “right wing”. It is preposterous to express their dislikes for Ben Gvir and Smotrich when they are sitting on their hands and complaining and criticising whilst not making any positive moves if they do not like the policies being pushed by these two gentlemen. It is no good being cantankerous and complaining that Netanyahu is held to a certain extent captive to these two gentlemen when they do not join and assist. I am sure much of what these gentlemen want to achieve is supported by most Israelis. Let’s not get side-tracked by details.
I don’t have to repeat the now frequently repeated suggested judicial reforms. Those of us who have read and considered them know the issues.
I have no problem with sitting down and negotiating the one real issue, which is the composition and the judicial select committee. The judges and the sycophantic legal profession, all unelected, cannot continue to dominate this committee. I don’t think it is necessary for the legal profession as such to be involved. Obviously they can make recommendations. There logically should be a balance between the judges and the Knesset with the opposition also being involved. It can be proportionate.
The example of America where the President nominates a judge who is then subject to the Senate’s scrutiny and approval seems fair and logical. Again it is apparent that if a ruling party in America holds the White House and Senate, it is likely a nominee will be accepted. This is not a flawless process and we have just seen the appointment of a judge to the Supreme Court in America whose main qualification was the colour of her skin and that she was a woman, which in woke America she could not even define. Certainly questionable qualifications for such an important position held for life.
It is more than time for the Israeli Supreme Court judges, the Chief Justice and even the original perpetrator, Aharon Barak, to stand up and plead mea culpa and put Israel first in the real sense. Not first according to their own personal emotional and selfish perspectives, but what is truly in the very best interests of a democratic Israel. They know better than most they have been wrong and hijacked power with sleight of hand and cleverly executed legal tricks or deception., abusing non-legal terminology and semantics trying to make them law, when they clearly are not nor ever will be.
Making the suggestions that the judicial reforms will lead to a dictatorship and are anti-Democracy smacks of directly copying Biden’s ridiculous accusations before the recent American Midterm elections and was and is an out and out lie and a political obfuscation and red herring designed to fool those who are truly clueless and do not understand, whose heads are filled with straw and do not take the trouble to inform themselves fully and rely on a biased media and foolish friends and social pressures for information. These people’s voices are not quiet, but they certainly are meaningless.
Furthermore, how did such an absurd situation develop where an unelected Attorney General is appointed by a Prime Minister and then becomes the Prime Minister’s boss as opposed to his legal advisor? Similarly, how did legal advisors become the bosses of ministers? How did such madness take place? Was this another one of Aharon Barak’s manipulations? No other country in the world has such a outlandish topsy-turvy situation. How is a Prime Minister and Cabinet supposed to rule and make important decisions when non-elected bureaucrats hold sway and hold control over them? This does not fit into the realm of checks and balances. These bureaucrats can be advisors, but that is it.
In the end, if the foolish judges do not have the wisdom or courage to stand up and make positive and wise suggestions sans personal interests and agendas, the reforms will go through and should. The result will be that once more there will be in Israel the correct balance between the Executive, the Knesset and the Judiciary, which should never again be allowed to be hijacked.
As far as I am concerned, Aharon Barak can live out the rest of his life in infamy. Israel is a democracy and will remain a democracy. It is a most wonderful land and we are all blessed in our lifetimes to see and witness the resurrection and establishment of a Jewish state after 2,000 years. What a great privilege this is! I can’t express this strongly enough.
We cannot allow a repeat of history where there was great internecine conflict at the time of the Second Temple and one of the sides thought they were being very clever inviting in the then world’s superpower, Rome, to come in on their side. Of course they were horrifically mistaken and we know how Rome took over and destroyed the Temple and the then Israel, Judea and sent our people into exile, which every one of us is an example of. Lapid’s foolish attempt to repeat this appealing to the USA to intervene on his behalf is just as foolish and destructive. The reckless Lapid thinks he is riding a wave with his ego way out in front. Often those who ride waves get dumped. Lapid will get dumped.
David Herschis Chairman of SAIPAC, the South African Israel Public Affairs Committee. Former chairman of the South African Zionist Federation (Cape Council) as well as a former national vice-chairman of the South African Zionist Federation (SAZF). He is also a former member of the South African Jewish Board of Deputies (Cape Council). Retired businessman and broadcaster.