Welfare Minister Yitzchak Herzog calls upon Attorney General Menachem Mazuz and Justice Minister Daniel Friedmann to stop their bickering, as it "harms the law system." Others say the dispute between the two is substantial.
The burning issue in dispute at the moment is the appointment of the next State Prosecutor, following the upcoming resignation of Eran Shendar. Outgoing Prosecutor Shendar was chosen three years ago by a committee headed by Attorney General Mazuz - the first time the choice was not made directly by the Justice Minister. The Minister's confirmation of the appointment is required, however.
Minister Friedmann has said he believes that as Justice Minister, he should be involved in the appointment, as was traditionally the case in Israel.
Mazuz on the Offensive
Mazuz came out sharply against Friedmann at an Israeli Law Association conference in Eilat this week. "Minister Friedmann's motivation to be involved in and change the process by which the State Prosecutor is chosen has no justification," Mazuz charged. "What Friedmann wants to promote is totally mistaken. The choice must be totally clean of all political involvement, as the position of State Prosecutor is a professional one."
Atty. Shlomo Cohen, head of the Israel Bar Association, also joined in the attack against Friedmann. "The minister proposes to do away with some of the great achievements of the Israeli law system," Cohen said. "A cultural war is underway regarding Israel's image as an enlightened country governed by law. To our shame, the voices calling for a change to Israel's status as a country of law are increasing. The proposals by Minister Friedmann are of great concern; it is hard to build but easy to destroy."
Cohen also criticized the Justice Minister on other accounts: "Prof. Friedmann wishes to deal a death blow to the Supreme Court's authority to strike down unconstitutional laws. If he succeeds, Israel will return to the primitive situation in which the regime is all-powerful with no restrictions. And now he wants to change the composition of the Committee to Choose Judges and strengthen its political elements. This can bring very negative results..."
Friedmann Hits Back
Friedmann, speaking afterwards with reporters, delivered some jabs of his own. "So far, the Attorney General has just criticized me, but at least he has not yet indicted me," the minister said said, referring to the widely-held perception that challengers of the current legal system - such as ex-Justice Ministers Yaakov Ne'eman, Tzachi HaNegbi, and Chaim Ramon - have been indicted on various charges.
Friedmann also noted that Mazuz himself was appointed by the government. He said that for Mazuz to come out strongly against the minister above him is not acceptable.
Beinisch: It Can't Be True
Supreme Court Chief Justice Dorit Beinisch actually expressed support for Minister Friedmann, while stating that the results of a public survey are "not true." Beinisch praised Friedmann and his cooperation with her regarding the appointment of judges. She said, however, that a recent poll showing that a full 37% of the public feels that the legal system is corrupt "is unprecedented nonsense. I have trouble accepting that this is the true picture of public opinion... In my opinion, there was a campaign against the legal system, and it made a difference."
Welfare Minister Yitzchak Herzog said that the differences of opinion between the Justice Minister and the Attorney General should be discussed between them privately. "The public jabbing harms the law system and eats away at the status of the Supreme Court," Herzog said.
The head of the Tel Aviv Bar Association, Ilan Bombach, agreed with Herzog that the dispute should not be public - but sided with Friedmann. Speaking with Arutz-7's Hebrew newsmagazine, Bombach said, "All he wants is that the committee [headed by Mazuz] should present more than one candidate, and then the government should choose the one it wants. There is nothing wrong with this approach."
Some have expressed the fear that with possible indictments coming up of Prime Minister Ehud Olmert, Friedmann wants to be involved in the appointment of the State Prosecutor in order to choose one who will not indict Olmert.
Bombach said that Friedmann and Beinisch are right when they talk about the lack of public confidence in the legal system: "There are judges who are simply not good, and they should be fired - but they can't be, in the current situation. This must be changed."
MKs Weigh In
MK Zahava Gal'on (Meretz), at a recent Knesset Law Committee session in which Friedmann participated, said the government is trying to destroy the legal system. MK Ophir Pines said Friedmann was appointed in order to implement the agenda of the Prime Minister to weaken the legal system.
On the other hand, MK Moshe Gafni (United Torah Judaism) said he prays every Sabbath that the Justice Minister not be framed, as have been many of his predecessors. MK David Rotem (Yisrael Beiteinu) decried the "legal mafia's takeover of Israeli democracy." At the request of Committee Chairman Menachem Ben-Sasson, Rotem changed the word "mafia" to "gang."