‘We have no say’: Explosive recording of 2020 judicial appointment meeting revealed

The meeting, in which right-wing members said that despite being members of the committee, they had no say in the appointment of judges, might have been the catalyst of the tumultuous efforts to reform Israel’s judicial system. 

Netael Bandel, Israel Hayom (March 7, 2024)

The Supreme Court | Photo: Oren Ben Hakoon

An exclusive recording obtained by Israel Hayom of a Judicial Selection Committee meeting in 2020 offers a rare glimpse into the inner workings of the legal system and what might have been the catalyst of the tumultuous efforts to reform Israel’s judicial system.

On Nov. 15, 2020, members of the committee convened in the office of then-Justice Minister Avi Nissenkorn following a two-year break due to the multiple election rounds.

The gathering, which started with handshakes, quickly turned into a shouting match.

All the tensions regarding the nature of the Supreme Court accumulated on the committee’s table.

Right-wing committee members were tasked with promoting to the district court the wife of then-Cabinet Secretary Tzahi Braverman, a close associate of Prime Minister Benjamin Netanyahu.

In the recording, Likud members Miri Regev and Osnat Mark (who is no longer an MK), can be heard repeatedly pushing Supreme Court President Esther Hayut and Nissenkorn to approve the promotion. This is despite harsh opinions against the judge written by then-Tel Aviv District presidents, judges Ruth Lorech and Eitan Orenstin. Data submitted by Nava Braverman to the committee and opposing opinions did manage to decrease the judges’ opposition to the promotion, but Hayut rejected the initiative and condemned Regev and Mark for the proposal.

Likud did not have a majority in the committee, the same as now, and it was controlled by a bloc of Supreme Court judges, the justice minister, and members of the Israel Bar Association. Mark lamented that the bloc rejected all their candidates and only selected Hayut’s nominees.

“We have no influence on the committee, it’s simply absurd,” she said.

Regev, in turn, told Hayut that she “trusted” the president, “who told me that this is open for discussion and that you haven’t made a deal among yourselves.”

Hayut immediately replied, saying, “Up for discussion, not negotiation.”

Mark rejected, “What do we do in a discussion if not negotiate?”

Hayut reiterated, “No, we don’t negotiate.”

The debate exploded when Regev and Osnat tried to promote Judge Ron Solkin, who is also a nominee for promotion this year. The meeting revolved around the question of the judicial activism of the judges of the magistrates’ and district courts. In the recordings, Regev claims that the judges all had “similar DNA,” to which Hayut replied, “These are empty slogans.”

Nissenkorn sided with Hayut, and the argument with Regev turned into a shouting match. Regev and Mark did not attend the next meeting, and the committee appointed about 60 judges in one sitting.

Then-Knesset Speaker, and later justice minister, Yariv Levin, called the meeting a “disgrace” and argued that the committee should be changed.

It is this attempt to reform the justice system that stirred the nation and led to nationwide protests last year.

March 8, 2024 | 3 Comments »

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  1. @FQ: It wasn’t because it would have disturbed the narative. The judge selection commitee wanted judges with their preferred DNA. Others would have introduced “opinions” that were not welcome. That would have led to public discussion and every woman, man and their dogs would have joined in. That would have affected the outcome of the multiple elections disastrously.

  2. This shows a great crime being committed towards the centuries awaited Jewish state. I am not surprised because I knew the general set up. But it could have been exposed (precisely what took place, word for word, the very next morning). Was it or why wasn’t it?