Responding vociferously to criticism of his order to cut off the broadcast of Prime Minister Sharon's press conference last Thursday night, Elections Commission head Judge Mishael Cheshin said that he owes an explanation to "no one." Cheshin fought off heated criticism of his unprecedented order that led to the mid-sentence interruption of the Prime Minister's televised broadcast, calling the attacks against him "insolence."
"I am obligated to give explanations only to my conscience and to G-d, and to nobody else on the face of the earth," said Cheshin, who also serves as a justice on the Supreme Court. "My conscience is pure and clean… I stand here as accuser and not as the accused."
At least one Likud activist does not agree, however, and thinks Cheshin is in fact answerable to another element: the law itself. Aviad Visuly of Haifa has submitted an appeal of the "cut-off" decision to the Elections Committee, quoting Paragraph 17b of the Elections Law itself. The clauses states: "The Elections Committee Chairman may, after giving the subject a chance to present his claims, issue an order preventing the violation of this law…" Visuly claims that Cheshin was in violation of the law on two instances, in that he did not give Sharon or his representative a chance to defend himself before issuing the order, and that the order he issued was oral and not written. Visuly claims that to the extent that the judge does not fulfill the law, his authority is nullified.
Prime Minister Sharon called the Thursday night press conference to answer charges that he and his sons had taken a $1.5 million loan from Cyril Kern, a long-time family friend from Britain who has a residence in South Africa. Cheshin said that Sharon's press conference constituted electioneering banned by Israeli law in the two months before the election. "I turned on the TV set in my office, something I do on rare occasions, and it slowly dawned on me that this wasn't a press conference, but severe, hard-hitting electoral propaganda from the mouth of the Prime Minister," said Cheshin.
MK Michael Eitan (Likud) brought before the Elections Commission a list of instances in which senior Labor officials accused Sharon and the Likud of corruption, dishonesty, and fraud in television and radio interviews. According to Eitan, these instances, as well as others in which Labor candidate Amram Mizna himself was interviewed, also constitute election propaganda - yet Cheshin did not prevent the broadcast of these interviews.
Eitan also contended that a broadcast scheduled for tonight on Channel 2, called "Fact", in which Labor Party candidate Amram Mitzna is shown touring the Jewish community of Elei Sinai in Gaza, constitutes election propaganda. Judge Cheshin rebuffed this claim as well, saying that the program is a "newsworthy" item, as opposed to Sharon's press conference.
Judge Cheshin also refused to honor Eitan's request that the judge monitor and review the "Fact" program, as well as other news-oriented shows. Cheshin responded in writing, saying, "MK Eitan requested that I act indiscriminately. He asked that I appoint two people to monitor all radio broadcasts and report back to me regarding whether equality has been preserved. MK Eitan's request was unacceptable to me."
On the other hand, Cheshin denied Labor MK Effie Oshaya's request to grant more broadcast time to the Labor party as "compensation" for the 12 minutes of Sharon's press conference that were broadcast.
MK Eitan responded to the rejection of his requests by saying, "The big problem with Cheshin's position is that he actually saw the Prime Minister's broadcast, while regarding other broadcasts, he just waits for us to file a complaint with the Commission. Nobody wants to crucify Cheshin, but he's obligated to present his reasoning to the public, and if he puts himself above all explanation, this is unacceptable."
"I am obligated to give explanations only to my conscience and to G-d, and to nobody else on the face of the earth," said Cheshin, who also serves as a justice on the Supreme Court. "My conscience is pure and clean… I stand here as accuser and not as the accused."
At least one Likud activist does not agree, however, and thinks Cheshin is in fact answerable to another element: the law itself. Aviad Visuly of Haifa has submitted an appeal of the "cut-off" decision to the Elections Committee, quoting Paragraph 17b of the Elections Law itself. The clauses states: "The Elections Committee Chairman may, after giving the subject a chance to present his claims, issue an order preventing the violation of this law…" Visuly claims that Cheshin was in violation of the law on two instances, in that he did not give Sharon or his representative a chance to defend himself before issuing the order, and that the order he issued was oral and not written. Visuly claims that to the extent that the judge does not fulfill the law, his authority is nullified.
Prime Minister Sharon called the Thursday night press conference to answer charges that he and his sons had taken a $1.5 million loan from Cyril Kern, a long-time family friend from Britain who has a residence in South Africa. Cheshin said that Sharon's press conference constituted electioneering banned by Israeli law in the two months before the election. "I turned on the TV set in my office, something I do on rare occasions, and it slowly dawned on me that this wasn't a press conference, but severe, hard-hitting electoral propaganda from the mouth of the Prime Minister," said Cheshin.
MK Michael Eitan (Likud) brought before the Elections Commission a list of instances in which senior Labor officials accused Sharon and the Likud of corruption, dishonesty, and fraud in television and radio interviews. According to Eitan, these instances, as well as others in which Labor candidate Amram Mizna himself was interviewed, also constitute election propaganda - yet Cheshin did not prevent the broadcast of these interviews.
Eitan also contended that a broadcast scheduled for tonight on Channel 2, called "Fact", in which Labor Party candidate Amram Mitzna is shown touring the Jewish community of Elei Sinai in Gaza, constitutes election propaganda. Judge Cheshin rebuffed this claim as well, saying that the program is a "newsworthy" item, as opposed to Sharon's press conference.
Judge Cheshin also refused to honor Eitan's request that the judge monitor and review the "Fact" program, as well as other news-oriented shows. Cheshin responded in writing, saying, "MK Eitan requested that I act indiscriminately. He asked that I appoint two people to monitor all radio broadcasts and report back to me regarding whether equality has been preserved. MK Eitan's request was unacceptable to me."
On the other hand, Cheshin denied Labor MK Effie Oshaya's request to grant more broadcast time to the Labor party as "compensation" for the 12 minutes of Sharon's press conference that were broadcast.
MK Eitan responded to the rejection of his requests by saying, "The big problem with Cheshin's position is that he actually saw the Prime Minister's broadcast, while regarding other broadcasts, he just waits for us to file a complaint with the Commission. Nobody wants to crucify Cheshin, but he's obligated to present his reasoning to the public, and if he puts himself above all explanation, this is unacceptable."