Analysis Netanyahu Now Has Some Tough Decisions to Make

Next up for Netanyahu: appointing four new ministers, a strategic decision on whether to seek immunity and then the March election, where even greater dangers may lurk

By Yossi Verter, HAARETZ

Illustration: Netanyahu and Sa'ar

Amos Biderman

There were two reasons behind Benjamin Netanyahu’s insistence on having the Likud leadership primary take place the day it did, on Thursday (December 26). First of all, by midnight next Tuesday, New Year’s eve, the prime minister must resign from the four additional ministerial posts he holds (in the health, agriculture, labor and social affairs, and Diaspora affairs ministries) and appoint successors; and secondly, two days after that, at the very latest, he has to decide whether to ask the Knesset to grant him immunity from prosecution. He preferred, correctly from his point of view, to have the primary hurdle behind him.

The prime minister’s mentor, the late Moshe Arens, used to say: When you appoint one person from a list of 10, you create nine enemies and one ingrate. Netanyahu knows what’s best for him. As long as the appointments hung over the heads of the MKs like dog-training treats, he had the candidates’ commitment and sweeping support – whether it was willing or it was because of a promise he made to them.

On the assumption that the premier, after being reelected Likud chairman, will appoint two new ministers from Likud’s ranks (he’s also expected to appoint someone from Shas and to upgrade Yaakov Litzman of United Torah Judaism, now deputy health minister, to full minister), the embittered folks from his party will no longer be in a position to dump him. (A case in point is MK Yoav Kish, who backed Gideon Sa’ar in the primary after Netanyahu “forgot” – as he himself said – his explicit promise not to intervene in the competition over selection of a Likud Knesset faction chairman, and supported MK Miki Zohar over Kish.)

We’ll get back to the appointments later. The immunity request is a matter of strategic importance. With a single letter to the speaker of the dissolved Knesset, Bibi’s lawyers will topple the public line of defense the suspect created for himself during the three years he was under investigation. From “There will be nothing because there is nothing” (a slogan he dropped some time ago) to the bad-mouthing of the police investigators, to the lies his attorneys spread after his hearing about the “collapse of the cases,” to the reply of feigned innocence he gave to a television interviewer earlier this month: “What? No way!” Netanyahu guffawed, when asked if he would request immunity.

The potentially more significant damage lurks farther down the road – the March 2 election itself. In recent years, Netanyahu, as a suspect under investigation and interrogation, and also, lately, as a freshly indicted defendant, has provided us with countless precedents of unseemly conduct – none of which do honor to him, to the institution of prime minister or to the state.

Now another precedent looms. A candidate for prime minister who is under indictment and requests immunity for himself is something we’ve never had in these parts. It’s hard to see how he, with all his sophisticated campaigning abilities, can make this situation work in his favor.

Netanyahu at a rally held in his honor.

Netanyahu at a rally held in his honor. Ohad Zwigenberg

On the other hand, what is his alternative? Miki Zohar has said that if no formal request for immunity is made (if it is, it will delay the start of trial until the formation of a coalition, whenever that might be), Netanyahu is finished: His indictment would be submitted to the Jerusalem District Court, and a date set for the proceedings to begin. Thus, perhaps in the midst of an election campaign, we would witness the spectacle of a defendant standing across from his judges and declaring: Not guilty.

No matter what happens, he will not wake the “dormant votes” he often talks about, which he lacked the last time around to form a government. He’s on a sure path to a classic lose-lose scenario.

Judging the judges

In the September election, Likud, fortified by Moshe Kahlon’s Kulanu party and by Moshe Feiglin’s faction, lost between seven and nine seats. The voters who turned their backs were mainstream types who said: Why in the world should we vote for a person who behaves like a criminal offender, who attacks and harasses the law enforcement agencies and ceaselessly incites against its senior figures?

Those voters will certainly not cast their ballot for Likud next March – especially after the indictment, after the nauseating rally of supporters last month in the plaza of the Tel Aviv Museum of Art, which had the prime minister’s blessing, after Amir Ohana, after “Investigate the investigators,” “Jail the prosecutors” and, probably just around the corner, “Judge the judges.”

Those voters will not come home when home resembles a mafia whose boss – personally or by means of his family, gofers and consiglieri – directs web hooligans and sics them on anyone who questions his continued rule: whether it’s Gideon Sa’ar and his supporters, or Attorney General Avichai Mendeblit and the state prosecutor and his team. Those voters will not rediscover the hidden light where darkness rules, where a legitimate political rival and his backers are branded traitors, doormats and backstabbers.

Gideon Sa'ar.
Gideon Sa’ar. Eliyahu Hershkovitz

Netanyahu and his gang know no limits and will stop at nothing, just as there is no civil servant or state official who will not become fair game if the need should arise. The Supreme Court, too, will not escape the onslaught.

A first toxic spore of this plague appeared on Wednesday in the lead headline of Israel Hayom, a freebie collection of newsprint that calls itself a “newspaper”: “The fix is in” – that was how the panel of judges appointed by Supreme Court President Esther Hayut to hold a preliminary hearing on the petition to disqualify Netanyahu from forming a government after the election, was referred to.

Waiting in the wings

After he emerged victorious from the primary, Netanyahu can be expected to decide early next week whom to appoint as cabinet ministers in his place. The question is whom he will choose to promote from among Likud’s MKs. Five names should be taken into account: Avi Dichter, the deputy defense minister; Miki Zohar, the Knesset faction chairman; Tzipi Hotovely, the deputy foreign minister; and MKs Nir Barkat and David Bitan.

Dichter and Zohar said recently on a number of occasions that they would prefer to remain in their present posts. We’ll soon know whether they meant what they said. Barkat, a newcomer to the Knesset, has been demanding a promotion from the moment he arrived; membership in the parliament is inconsequential to him. Bitan would have been appointed a minister long ago, but the indictment that’s about to be filed against him (following a hearing) will make it difficult for Netanyahu to choose him now.

For her part, Hotovely, who has been in the Knesset for a decade, longer than any of the others, is definitely expecting an upgrade. “Expecting” is putting it mildly.

The way he has treated this energetic MK to date offers something of a microcosm of Netanyahu’s world. Faced with a dilemma between appointing the most talented, most representative and most worthy person, or preferring the most aggressive and sycophantic – Bibi will generally opt for the last two criteria. Which is how, for example, David Amsalem and Ohana became ministers in the transition government.

Hotovely, however, has never embarrassed Netanyahu, has never prompted his criticism after something she said, and hasn’t caused him harm or shame, as have her two party colleagues who were annointed ministers. She does not repel voters, and among members of the religious-Zionist movement, from which she came to Likud, she is admired and popular. In the last election campaign, Netanyahu had her accompany him on visits to yeshivas and pre-army preparatory courses.

He’s aware of Hotovely’s electoral strength in constituencies that are important to him, but also of her calm disposition. If he skips over her (as he did in the past, despite numerous promises), he knows that she won’t try to get back at him. She won’t launch an “intifada” against him, as Culture Minister Miri Regev once threatened to do, should he have the temerity not to appoint her a minister.

Oh, yes, she’s also a woman. The Israeli government is the most male-dominated in the Western world. There are three female ministers (two from Likud – Regev and Gila Gamliel – and one from Kulanu, Yifat Shasha-Biton) out of 20. Utterly disgraceful. This would seem to be a time to make amends.

Tzipi Hotovely, May 2019.
Tzipi Hotovely, May 2019. Olivier Fitoussi

Parents day

In the past 10 days, Likud’s ministers abandoned their offices and affairs of state, to push themselves to the limit, and beyond, to save Netanyahu in the primary against Gideon Sa’ar. Like a chorus of cheerleaders they went from community to community, alley to alley, house to house, hard on the heels of a 70-year-old candidate whose adrenaline, fueled by his inborn fear of unpleasant surprises, infused him with frenetic energy.

At the end of last week, they were seized by panic when they learned that their dearly beloved candidate was seriously considering holding a primary for the Likud Knesset slate as well. They felt cheated, demeaned. The buzz among them was: We’re committing suicide for him and he’s about to drag us into the hell of a party primary just a year after the last one? That’s how he thanks us?

The narrative that took root was that Netanyahu wanted a primary in order to eliminate Sa’ar and his camp, or at least cut them down to size, on the next party ticket. Over the weekend, two people showed up at Balfour Street, separately: Foreign Minister Yisrael Katz, Netanyahu’s campaign manager, and MK Barkat. Both of them came to make a case – each for an opposite cause. The former urged the premier not to be tempted into holding a primary for the Knesset slate, the latter pressed him to hold one.

Katz, in second place on the slate (after Yuli Edelstein) in the September election, realized that he can’t get any higher up. Barkat, who garnered the eighth spot, is convinced that he’ll do far better in the next heat, maybe even outdoing Sa’ar (fourth place) – whom Barkat views as his main rival in any post-Netanyahu contest over Likud’s leadership – and pushing him down to the lower half of the top 10.

Netanyahu heard them both out but did not commit himself. At the same time, he came under intense pressure from other ministers – Yariv Levin, Zeev Elkin, Yuval Steinitz, Gila Gamliel – not to abandon them, not to leave them at the mercy of the activists. They took advantage of every spare moment at rallies for him to try to ascertain where he, or his aides, stood on the issue.

At first Bibi said nothing, before indicating that he would soon make a decision about the party primary. Afterward, he ostensibly yielded to their pathetic cajoling and said, “Okay, I’ll speak to Michael Kleiner” – the president of the Likud’s internal court, who was to rule on the fraught issue.

But he didn’t speak to Kleiner. As long as that conversation – in which the party leader and prime minister makes it clear to the Likud court president what he must decide – did not take place, the ministers were fearful that he was pulling the wool over their eyes.

Such is the dichotomy of life with him. They support him, praise and exalt him. Yes, they will take a bullet for him. And no, they don’t trust him for a second. To them he’s a permanent suspect. As far as they’re concerned, the criminal charge “fraud and breach of trust” was invented to describe the leader in whose captivity they live.

So the hours passed and the pressure gauge shot through the roof. David Bitan was heard saying to someone: Bibi sent me to the Knesset’s arrangements committee to ask for another 15 million shekels ($4.3 million) for the party, and now he wants to spend eight million of it on a primary in order to screw me? Miri Regev’s colleagues found her to be the most panic-stricken of all. She held the most intensive talks with Bibi. On Monday, just before the party’s internal court convened, the stars fell into the desired alignment. Netanyahu joined a petition against holding a primary for the slate, announced his position publicly, undoubtedly talked to whomever needed talking to – and the judges ruled accordingly.

Rest came to the weary, repose to the hysterical. Regev was able to go back to Netanyahu’s rallies, where she’s a permanent fixture, and mumble her favorite mantra: “Likud is a family and we will not abandon our parents.”

Miri Regev, September 2019.
Miri Regev, September 2019. Ofer Vaknin

Friendly advice

Avraham (Beiga) Shochat has been friends with Labor Party leader Amir Peretz for more than 30 years, from the time they served simultaneously as mayors of Arad and Sderot, respectively. Even when they held positions that invariably led to clashes between them, as finance minister and head of the Histadrut labor federation, respectively, their friendship remained solid. Twice in the past few years, Shochat actively and publicly supported Peretz in Labor leadership contests: in 2017, when he lost to Avi Gabbay, and early this year, when he triumphed over rivals MKs Stav Shaffir and Itzik Shmuli. Other former ministers – Uzi Baram, Ophir Pines and Yuli Tamir, members of Labor’s unofficial House of Lords – also backed Peretz.

What Shochat says here, however, reflects only what he thinks.

“I read the column on Friday and was upset,” he told me this week, referring to what I wrote about the stubborn refusal of Peretz and his Gesher party partner, MK Orli Levi-Abekasis, to consider joining up with Meretz in advance of the next election. Methodical as always, Shochat said he wanted to discuss several points. First was Peretz’s contention that in the September vote, Labor-Gesher took three Knesset seats away from the right wing.

“That’s completely fake,” Shochat says, adding, “one of the most baseless things I’ve heard. He didn’t even take half a seat. I conducted a thorough check. In the April election, Labor [under Gabbay] got 190,000 votes, and the lady from Gesher got 75,000 [when they ran separately]. In September, the two of them running together got 215,000 votes – 50,000 fewer votes. Peretz got fewer votes and fewer seats than Gabbay.”

Shochat also examined the geographical distribution of about 1.5 million votes: “It’s true that in Likud-saturated places, Labor-Gesher got a few more votes, but fewer than what each of them got [running] separately in April.”

On the eve of the September election, he, Pines, Baram and Tamir made a huge effort to persuade Peretz to join forces with Meretz (which afterward morphed into the Democratic Union, in combination with Ehud Barak’s party). There were quite a few meetings at which Peretz gave them the impression that he supported their idea. A few days before he held a joint press conference with Levi-Abekasis, another meeting took place. I only want to talk to Tzipi Livni and to Orli, he told the former ministers.

“He said that Orli had hunkered down, wasn’t answering his calls, but that actually they had already struck a deal,” Shochat recalls. “He tricked us, he deceived us. I was actually pleased that Tzipi and Orli, or one of them, was going to come on board – but not at the expense of running together with Meretz. Now he’s going to run alone with Orli again, but this time the risk is far higher. If one of the two parties [Labor-Gesher and the Democratic Union] don’t make it into the Knesset, there’s a high probability that Bibi will be prime minister.”

In September your party was hysterical, I remind him, but in the end it crossed the electoral threshold comfortably.

“What saved them was the final polls, on the Friday before the election,” he says. “According to them, Labor-Gesher had four seats [the minimum needed to get into the Knesset]. In my family there are 12 people who are entitled to vote. Until that weekend, only a minority intended to vote Labor. They were split between Kahol Lavan and the Democratic Union. Because of those polls, 11 of the 12 ended up voting for Peretz. That will not happen again.”

I ask Shochat what he thinks is driving Peretz. “I really don’t know,” he admits. “Maybe he wants to assure himself some freedom of maneuver after the election.”

How do you think things will turn out? “I don’t know,” he replies. “I’ve read that he’s sending emissaries to Kahol Lavan, asking them to take him.”

There’s no chance of that, I say. They don’t want to hear of him.

“They’re right,” Shochat says. “What do they need him for?”

December 28, 2019 | 19 Comments »

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  1. It has been reported that Bibi is asking for immunity. This huge and is a contradiction of what he said he would not do.

    The high court passed on the case brought before them to determine if he was eligible to form a new government while under indictment.

    So without ruling, Bibi is now eligible as nothing is stopping him. The court did not want to rule on this issue it appears as they asked the AG for an opinion twice and he passed twice. The three judges hearing the case said that at this point it is all theoretical as he needs to get 61 seats supporting and him and be picked by the President.

    So contrary to many people’s comments they (Supreme Court) have not interfered in the election. Hopefully they will continue on this path as it is up to the electorate, elected MKs, and Rivlin who should govern according to the Israeli system and Basic Law.

  2. High Court, A-G afraid of intervening on PM’s eligibility – analysis
    We may never know what Mandelblit and the High Court really think about whether Prime Minister Benjamin Netanyahu is eligible to form the next government as they probably will never tell us.
    By YONAH JEREMY BOB DECEMBER 31, 2019 21:48
    ATTORNEY-GENERAL Avichai Mandelblit faces a decision that not only will determine his career, but also the trajectory of the state. (photo credit: MARC ISRAEL SELLEM)
    ATTORNEY-GENERAL Avichai Mandelblit faces a decision that not only will determine his career, but also the trajectory of the state.
    (photo credit: MARC ISRAEL SELLEM)

    Attacks on Attorney-General Avichai Mandelblit and the High Court of Justice have worked their magic. We may never know what Mandelblit and the High Court really think about whether Prime Minister Benjamin Netanyahu is eligible to form the next government, as they probably will never tell us.
    Some will be overjoyed by the result. They will say that Mandelblit and the High Court get involved in too many issues beyond their purview and that whoever leads the nation should be left to the will of the voters.

    They might be right. Maybe the High Court should not force a prime minister to resign, leaving such issues to the voters, and maybe Netanyahu is innocent of the charges against him.
    But what was striking about Tuesday’s hearing before the High Court was that neither the Attorney-General’s Office nor the High Court justices appeared interested in those fateful issues that will shape the nation’s future.
    Rather, they were interested in esoteric and formalistic legal arguments about timing, jurisdiction and procedure.
    Mandelblit has taken the position that until he must rule on whether Netanyahu is eligible to govern, he would prefer not to. Translation: He is really hoping Netanyahu does not get the support of 61 MKs after March 2 so he never has to give an opinion.
    Although the High Court sort of flirted three times over recent weeks, and even Tuesday, with trying to get Mandelblit to reveal his position, they seem to have picked up on his bottom-line message: “Let’s stay out of this” more than anything else.
    Latest articles from Jpost

    This is strange because the High Court can order anyone, certainly the attorney-general, to respond, and the party must respond.
    All the High Court needed to do after Mandelblit refused to reveal his cards the first time it asked was say: ‘Tell us now or you will be in contempt of court.’

    Why didn’t it force Mandelblit’s hand, why will it probably punt on the whole issue, and why is Mandelblit himself so dead-set against giving his view?
    Although it was never 100% clear in the attorney-general’s legal briefs, and it took around 90 minutes of arguments on Tuesday to clarify, the real reason finally became clear as day.
    Mandelblit is terrified of the consequences for his office if he intervenes.
    A lawyer from his office talked to the High Court on Tuesday about the intensity of public attacks on the High Court over the last week for even daring to hear the issue of Netanyahu’s eligibility. He warned the entire legal establishment could be on the chopping block if there was a wrong move, and they would be accused again of a coup against the executive branch
    .
    This is a radical change from the High Court’s previous readiness to, for good or bad, follow its conscience and address the fateful issues at hand.
    When Netanyahu himself came personally before the court in March 2016 and threatened it with causing a national disaster if it did not endorse his policy for exploration of natural gas at the time, then-deputy chief justice Elyakim Rubinstein yawned and led a 4-1 ruling against the policy.
    Economists and moral philosophers can debate what the impact on the country was, but it just happened to be that on Tuesday, Israel started a major new chapter with developing natural gas from the Leviathan field. Almost four years passed, and whatever might have been gained or lost, the sky did not fall.
    On December 29, 2015, the High Court did not bat an eye when it voted 5-0 to send former prime minister Ehud Olmert to jail for at least 18 months. Incidentally, Justice Uzi Vogelman was on both that panel and Tuesday’s panel sitting in judgment of Netanyahu.
    This trend of fear from the political class includes indefinite postponed rulings on the Settlements Regulations Law, the Jewish Nation-State Law and a variety of rulings punting on the question of integrating haredim into the IDF.
    This does not mean the High Court does not bang heads with the political class.
    It did block Acting Justice Minister Amir Ohana from appointing his candidate to replace recently retired state attorney Shai Nitzan and disqualified some – not all – candidates from the fringe right-wing party Otzma Yehudit from running for Knesset.
    It has also, in the not too distant history, struck down the state’s policy of dealing with African migrants numerous times.
    But apparently confronting a sitting prime minister with more than one million voters and around half of the country’s Knesset members behind him is too much.
    Once again, some might understand if the High Court said it did not even have the authority to hear the issue at all.
    But the High Court implied from its questions that it believes it has such authority to hear the issue, but wants to wait until after March 2 to see if Netanyahu actually has 61 MKs and President Reuven Rivlin backing him.
    Would the High Court then be ready to disqualify him – right after he got a brand new shot in the arm of voter validation?

    This situation is precisely what the around 70 hi-tech officials who filed the petition to the high Court were looking to avoid.
    As a first preference, they said Netanyahu should be disqualified. But as a second preference, they implied at least he should be able to run without a cloud over his head if the court rules it cannot disqualify him before or after the election. Make his status, whatever it might be, clear to the voters, they said.
    When the fate of the country was raised at the hearing, the justices seemed unmoved. The rare moments when they lost their patience appeared to be when either side tried to drag them into deciding the core issue of Netanyahu’s eligibility, as opposed to the technical question of whether they needed to decide his eligibility before the election or could wait until after it.
    The High Court could still surprise and make a substantive decision, but all indications from Tuesday are that it will pounce on the attorney-general’s invitation to punt.

    Jonah Jeremy Bob is the Supreme Court and the Attorney General’s in-house press secretary on the staff of the Jerusalem Post. All of the JPs the leaks from the prosector’s office, the A-Gs office, and the Supreme Court justices come from him. Although this article reflect’s the thining of the court and the A-G like all of Bob’s reports, it is more honest than usual about their political motivations.

    I hope it is true that they are afraid that the “political class” will deprive them of their ability to meddle in politics if they carry their chutzpah to the point of removing a Prime Minister from office, without bothering to wait for the voters to decide who whether or not they want him to remain in office.

  3. Are the allegations against Bibi politically motived? Do the AG and the supreme court want to oust him because they oppose his policies? This news analysis article in the Jerusalem Post, unusual in its honesty for that paper, gives some answers:

    Prime Minister Benjamin Netanyahu has to decide whether to ask the Knesset to grant him immunity from prosecution on the corruption charges that Attorney-General Avichai Mandelblit seeks to submit against him, with a deadline looming at the end of this week.
    And in the meantime, the Supreme Court deliberated whether to make a ruling on the question of Netanyahu’s ability to form a government after the March election – if he gets enough votes – when there is a pending indictment against him. Netanyahu can remain prime minister under indictment; the law makes that clear, but it does not address forming a new government.

    Netanyahu has not decided whether to ask for immunity, but his position on the matter, in principle, is clear.
    “Immunity is not against democracy,” Netanyahu said at a Likud event on Sunday. “Immunity is a cornerstone of democracy.”
    While immunity is probably not something most civics teachers tell students is a core principle of democracy, it is something that many democracies worldwide have found important enough to include in some form in their laws.
    The US Constitution gives members of Congress limited immunity to prevent the executive branch from having undue influence on them; they cannot be arrested in the House or Senate or for any speech given there, and they cannot be interrogated. The US Justice Department’s policy is that a president cannot be charged with a crime.
    A French constitutional amendment prohibits a president from being investigated for crimes committed before he or she was elected. And there are many other examples. The UK, Australia and Canada grant lawmakers immunity from arrest or imprisonment over a civil claim, and Germany gives parliamentarians extensive immunity that can be, and usually is, rescinded when challenged.

    In Israel, there is parliamentary immunity, which is relatively broad compared to other Western countries.
    The 1951 MK Immunity Law states that MKs are exempt from criminal or civil responsibility for expressing an opinion or their actions while fulfilling their role as lawmaker – meaning, they cannot be prosecuted or sued for things they say in political speeches, in or out of the Knesset, or for how they vote.
    In addition, MKs do not have to testify with information they learned while doing their job as an MK.
    The law also states that an MK may not be indicted on criminal charges and they may not be searched or arrested or subject to wiretapping.
    Until 2005, all immunity was automatic, and there was a process that would allow the Knesset to remove it from a member suspected of a crime if his or her colleagues saw fit to do so.
    Currently, the law requires a lawmaker facing an indictment to ask the Knesset House Committee to grant him or her immunity. The request must pass a vote in the committee and then in the plenum.
    After the lawmaker leaves office, the state may prosecute him or her on the charges that were blocked during his or her tenure as an MK.
    Former Supreme Court president Aharon Barak described the need for parliamentary immunity in 2005 in response to a challenge to the Knesset maintaining former Likud MK Michael Gorolovsky’s immunity after he voted twice in a Knesset vote.
    Immunity is “meant to defend the independence of MKs,” he said. “It allows him, according to his judgment, to enact the principle of representation … to ensure that the actions of the elected official are a realization of the democratic process … to strengthen the democratic government.”
    Barak also argued immunity is meant to protect minority lawmakers from the majority, citing a case involving former MK Azmi Bishara: “This immunity is necessary to ensure the right of all citizens to full and effective political representation … and defends them … from the force of the majority.”
    It would be difficult to argue that Netanyahu’s case fits Barak’s logic. But President Reuven Rivlin gave a different explanation in 2005, when he was Knesset speaker.
    “What is the significance that led the founders of the Knesset, of that generation, to give total immunity that cannot be undermined to every MK?” Rivlin asked in an interview on the Knesset Channel. “[It came from] the desire to protect the public servant from the government’s ability to bully him.”
    In other words, immunity preserves the separation of powers, such that the unelected bureaucrats of the executive branch cannot use the threat of prosecution to pressure elected lawmakers to behave a certain way or to silence them.
    In 2001, newly-elected prime minister Ariel Sharon sought to appoint Rivlin as justice minister, but was thwarted because the police investigated Rivlin in seven different cases, most notably about his relationship with builder Dudi Appel. All of the cases were closed three-and-a-half years later, but Rivlin had already lost the portfolio he wanted.
    Rivlin referred to the case when explaining that immunity is necessary “if a person is elected to the Knesset and an investigation is opened against him, even though there is no reason… If the State Attorney’s Office and investigating institutions come and decide they want to neutralize an MK for political needs, they will open an investigation against him. Such things have happened in Israel… There is a strong suspicion they did this to prevent [people] from being ministers, especially justice minister.”
    For Rivlin 15 years ago, and Netanyahu today, immunity exists not just to ensure lawmakers’ free speech, but because of the possibility of a political sabotage conspiracy.

    This brings us to the law allowing a prime minister to stay in office even if he or she is indicted.
    The protocols from February 2001, when the Knesset Constitution Committee debated the law, showed they had similar considerations.
    Once again, Rivlin expressed concern over executive overreach: “The Knesset is the sovereign, and we cannot be deterred from that… because otherwise we will have ombudsmen who, with their intellectual ability, will decide what is allowed and what is forbidden.”

    Tommy Lapid, father of Blue and White MK Yair Lapid, who later became justice minister, said behind the bill stands “the big debate… on the balance between the parliament and the court.”
    Rivlin responded that “a prime minister can be persecuted. If you come and say that individuals who were not elected, who did not stand the voters’ test, that the nation did not want can come and say ‘not this man,’ and after that his innocence will be proven or not, and in the meantime a terrible thing happened to a person being elected in a democracy.”
    This is only a small snippet of the lawmakers’ discussions, but their arguments dovetail with Netanyahu’s in recent months.
    In early December, Netanyahu tweeted a video of Tommy Lapid as justice minister, defending the policy from a Labor proposal to reverse it.
    “What are you suggesting, that a bureaucrat can fire a prime minister?” the elder Lapid asked then-Labor MK Ofir Pines-Paz. “You cannot want that. I’m sure that if Shimon Peres knew what you were suggesting he would tell you to back down. You don’t want to give the attorney-general the only and total authority to fire a prime minister and dismantle a government… Is democracy not dear to you?”

    This is the reason many MKs who virulently oppose Netanyahu have cited, arguing that the court should not rule on the matter and let the people vote.
    But immunity is still left to the lawmakers, who can vote according to their conscience and their values and choose whether they prefer Barak’s reasoning or Rivlin’s when deciding whether to shield Netanyahu for prosecution – for now – or not.

  4. Leifler is dangerous. Those who protect her are doing evil work! Those who protect her illegally need to suffer the consequencesIf

    The safety of the community’s own children has been disregarded in the rabbis’ push for Leifer’s protection. Indeed, according to parents in Immanuel, the town that offered her shelter and its trust largely based on the support of these rabbis, she has done it again.

  5. Sorry Bear, I was writing and had posted before your reprint of the blog, and David Melech’s post were on the screen. The blog account seems very convincing

  6. I have just finished reading this incredible article The writer, without any doubt, MUST have had a “Life of Capone and the Gang Era” in front of him whilst “composing”-with a little plagiarizing thrown in. Sebastien, with clarity, out of a Sargasso of floating waste, picked out the “Netanyahu and his gang”.and the succulent “toxic”… . Adam also posted with measured logic on another matter, equally damning of Netanyahu, (mainly by osmosis).

    I suspect that my friend Bear Klein has a lifetime subscription to Ha’Aretz, that scurrilous yellow rag, which puts the old “News of the World” and the tabloids themselves, to shame. He highlights accusatory speculations which include purported actual dialogue (perhaps from someone listening at a keyhole), are often from sources not named, ………but we have a pretty good idea..

    But….the highlight of the verdict of the Australian Court, is not to be doubted, and I do not include it in my comment. I also read it elsewhere.

    It seems now that Netanyahu will do anything “to cling to Power”…. Israel seems to be on the edge of disintegration, and may dissolve at any moment….

    A problem I, perhaps mistakenly, saw here is that the accused Malka Leifer is also an Israeli citizen. It seems not to be any hindrance to her extradition.Years ago, it was a very common, even universally observed practice of Sovereign States to refuse unequivocally, extradition of any of their citizens for offenses elsewhere, regardless of the crimes. When this position began to thaw, it did so at about glacier speed…

    I don’t know what the inter-state agreements are today. Anyway Leifer can always follow the crowd, and plead that…..
    …..
    NETANYAHU IS TO BLAME….!!!

  7. The toughest decision nutunyahoo, the cabinet and the Knesset should have to make now is to throw out the egyption so called agreement between Israel and hamas.
    What’s in it for Israel? The sodomites get extra fishing, to work in Israel, + other goodies. What does Israel get in exchange? A few weeks without midnight rockets. So what we have is another foreign document with no real pressure to the enemy to behave.
    What should have been written reduced fishing area, fishing only during certain times, no shopping in Israel (sit by the border gates,sorry cannot take pics for security reasons.) See the shopping buggies loaded going from Israel to Gaza.
    Notice this time only the sodomite leaders homes, hotels individuals will be cleansed for good.
    But the current government like those before tread on eggs. In yesterday’s J P one of the previous P M’s was again uptake surrender of J – S.

  8. Litzman, Leifer and the rabbis against justice
    19/03/2019 Chochmat Nashim Blog, Extremism

    In November 2018, I sat with Elly Sapper, Dassi Erlich and Nicole Meyer, the three sisters from Australia who have been working for years to bring their alleged sexual abuser, Malka Leifer, to justice. They were in Israel to try and pressure a justice system that they knew was being manipulated, even if they didn’t know by whom.

    We sat there discussing possible culprits. Health Minister Yaakov Litzman was at the head of the list, along with a number of other rabbinic leaders in the Haredi world. As it turns out, we were right. It became clear this past month that numerous rabbis have been working to prevent Leifer’s extradition.

    Who Is Malka Leifer?

    Leifer is a former girls schools principal who stands officially accused on more than 74 counts of molestation of girls from Australia in Australia, and unofficially of many more girls in Israel and Australia.

    She headed the ultra-Orthodox Adass Israel girls’ school in Melbournefrom 2003 to 2008, with some saying she moved to Australia to begin with because of accusations of abuse in Israel.

    When allegations began to emerge in Australia that she had sexually abused between eight and 15 of her students, a plan hatched by the school’s administration had Leifer on a plane back to Israel.

    Australia officially filed an extradition request in 2012, yet Leifer was first taken into custody in Israel in 2014, and later released to house arrest. She evaded justice here in Israel with delays and claims of ill health. Most recently, in June 2016, testimony from a state-appointed psychiatrist claimed that Leifer was unfit to stand trial. This led to a Jerusalem District Court halting extradition efforts, citing a law that permits stopping proceedings when a defendant is deemed unfit to stand trial.

    Many doubted the mental health declaration and indeed, a private investigation run by Jewish Community Watch, a US-based group, tracked Leifer and showed conclusively that she was indeed mentally fit. As a result, she was re-arrested last February.

    Who Is Helping Malka Leifer?

    The following figures of the Haredi world are supporting the alleged abuser, some behind the scenes, some in the open.

    Health Minister Rabbi Yaakov Litzman of United Torah Judaism: After a months-long undercover operation, the police questioned Litzman on suspicion of pressuring a court psychiatrist to falsify his psychiatric report that prevented Leifer’s extradition on medical grounds. Police supposedly have recordings of Litzman and officials speaking to Health Ministry employees and pressing them to act on Leifer’s behalf.

    Rabbi Menachem Mendel Shafran of Bnei Brak: Shafran came to court to support Leifer and gave his blessing to have Leifer put under house arrest at the home of girls’ school principals.

    Rabbi Yitzchak Dovid Grossman of Migdal Ohr: testified on her behalf and offered to house Leifer until he came under tremendous fire from supporters of his network of programs for orphans.

    Rabbi Yosef Direnfeld of the Belz community in Ashdod: Direnfeld put out a heartfelt plea call for donations to “save” Leifer. “An important woman, the daughter of the great and the righteous… has been imprisoned for a long time under harsh and cruel conditions… for the purpose of extraditing her to a gentile state.”

    Why Are Rabbis Helping Malka Leifer?

    Support for Leifer is being deemed “Pidyon Shvuim” — a serious commandment of redeeming captives that effectively created a moral imperative to save young Jews enslaved by the Romans, held by the Spanish Inquisition, in the Russian Gulag or even modern day Iran, but would be hard to apply to this case of an accused pedophile being extradited to a democratic country to face her accusers in a fair trial.

    And those of us with knowledge of Jewish history might be tempted to sympathize — IF these Hasidic leaders showed any attempt at safeguarding children from Leifer by ensuring that she be prevented from access to them.

    Note: It is important that Leifer’s protectors are Hasidic. Because Hasidic communities are predominantly insular, they often have their own rules. Each sect is run according to the word of its Rebbe. What he says, goes. If the Rebbe says to exclude children from school, they are excluded. If he says shun this woman for asking for a divorce, she is shunned, and if he says raise money for a woman who is righteous and being persecuted unfairly, the Hasidim raise money. This can also work to the benefit of the community, rallying around those in need, but only if the rebbe chooses.

    Had the Rebbes decided to shun Leifer and protect their community- they could have done so. It is within their power. But, instead, they chose to protect Leifer, and in so doing dismissed the sisters and their claims of child sexual abuse.

    The Response to the Sisters

    In January, when the sisters were in Israel, they were at the Knesset to drum up support for extradition with lawmakers. MK Yehuda Glick was their guide through the hallways, and when their paths crossed with that of MK Litzman, Glick introduced them. It seemed providential, since Litzman had repeatedly refused the sisters’ requests to meet with them. Until he exclaimed: “I want nothing to do with this! I’ve heard the other side of the story. I will not support the extradition!” The women maintain that he did tell them he would “not interfere with the extradition either.” which, according to police and their recordings, was a boldfaced lie.

    And last week, here again for another hearing on Leifer’s health and possible extradition, they met with Rabbi Shafran. In a heartbreaking Facebook post, Dassi Erlich described their meeting. They asked the rabbi why he supported Leifer. Shafran replied:

    “It’s my duty as a rabbi to support a fellow Jew”.

    When asked why Leifer’s Jewishness deserved his sympathy over their own, he refused to answer them. Instead, he explained the importance of supporting the underdog — in this case, he estimated, the alleged abuser. The girls were left deeply pained by this meeting.

    I am not a Hasid, and do not live in the Hasidic world. Yet, I and others in the broader community are left asking how rabbis, supposed caretakers of our physical and spiritual well being, trade the freedom of one alleged abuser for the well being and safety of her victims, and the many more children to whom she has access.

    The safety of the community’s own children has been disregarded in the rabbis’ push for Leifer’s protection. Indeed, according to parents in Immanuel, the town that offered her shelter and its trust largely based on the support of these rabbis, she has done it again.

    Public Benefit or Public Harm?

    Litzman, in his only public statement since the accusations against him, claimed to be working for the public’s benefit and according to the law. What public and whose law??

    This battle to protect an alleged abuser proclaims to all abusers that they can find a safe haven among the Hasidim in Israel. It is an painful declaration to all victims, letting them know they will not be believed nor protected.

    What Can the Concerned Public do?

    It is clear to me that the right thing to do is extradite Leifer to Australia so that her alleged victims can seek justice in a fair trial, and to caution every abuser and anyone thinking of abusing children that the Jewish community will not allow our children to be harmed — not even if it means facing a non-Jewish court.

    Our children must mean this much.

    On Wednesday, March 13th, a general protesting public congregated outside the district court house on Salah Ah Din Street in Jerusalem. The demand was that Leifer be extradited, and our protest is that the abuse of children and the protection of their abusers will not be tolerated.

  9. Leifer has claimed to be mentally unfit for trial ever since extradition proceedings were initiated. (Those involved in examining her say that she is faking panic attacks whenever a date to extradite her gets close).

    According to the police charges, Litzman allegedly threatened officials in his ministry, warning them that if they did not write psychiatric opinions demonstrating that she was unfit for trial, they would be fired..

    If true he is protecting a pedophile and should be drummed out of the Health Ministry let alone run it. Then some for political reasons prefer to argue on behalf of the pedophile and their protectors.

  10. Last September, in a civil case against the Adass Israel School and Leifer, a Melbourne judge awarded one of the alleged victims $1.27 million in damages.

    Barrister David Seeman represented the alleged victim in that case and he says the abuse occurred over a period of three years.

    Space to play or pause, M to mute, left and right arrows to seek, up and down arrows for volume.
    Video: The victim of alleged sex abuse at the hands of a former Melbourne school principal speaks out. (Lateline)

    “It was at times frequent abuse, daily abuse and also at times not that frequent,” he said.

    “It was conducted at the school, it occurred at Leifer’s home, it occurred on camps.

    “It was made up of what you might regard as abuse low on the scale of severity, all the way up to the most serious horrific abuse.

    So in an Australian Court room it has been found the abuse alleged was real and Leifer is responsible, Adam. That is why I believe it and believe she is a pedophile and should be extradited ASAP. Protecting a pedophile is a black eye on those involved in doing so.

  11. @ Adam Dalgliesh:
    No matter where you sit on the political spectrum, most if not all Australian Jews want to see Leifer stand trial in Australia for 74 charges in relation to child sexual abuse.

    Litzman has not been convicted that is correct. Why is he impeding the extradition of a charged pedophile?

    I do not believe in protecting an alleged pedophile by interfering with the extradition.

  12. Why publish an article with these vicious Haaretz lies about Netanyahu?

    Bear,How do you know that the accused individual is a pedophile? How do you know that Litzman did anything wrong? Neither Litzman or his supposed protege have been convicted of anything. The Israeli courts have not yet decided whether the alleged pedophile (a woman) will be extradicted to Australia or not.

    You and a lot of other people have forgot all about the presumption of innocence.

  13. So, voters should reject Bibi “and his gang” because he’s a “toxic spore” of a “spreading plague?” Got it. And this author calls somebody else “hysterical.” What can I say. This article is hysterical. Nobody but a true believer on the left would believe a word of it, just from the hyperbolic language of character assassination alone. This is pure tabloid stuff. By the way, did you see that Bibi just won the primary with just over 75 percent of the vote?

  14. The political career of MK Gideon Sa’ar, who ran against Prime Minister Benjamin Netanyahu in the latest Likud primary election on Thursday, “would be finished” if he and his supporters will not vote in favor of Netanyahu’s immunity, Knesset Deputy Speaker MK David Bitan (Likud) said in a Radio 103FM interview on Friday.

    Bitan, who served as head of the coalition until 2017, told host Nissim Mashaal that Sa’ar’s six supporters from Likud might “make Likud’s life a living hell” in the Knesset’s parliamentary work. He added, though, that he does not believe that Sa’ar’s supporters would oppose immunity for the prime minister.

    “I heard the analysts yesterday and I smiled,” Bitan told the interviewer. “When it comes to immunity, look – if this group will try to prevent Netanyahu from getting immunity, its career in Likud is done, so they will not do that.

    “We all vote against our conscience when it comes to many issues,” he explained. “This is not an issue of principles.”

    “It is likely that [Netanyahu] will request [immunity],” he said. “If they oppose [his] immunity, then they’re done with their careers in Likud – including Gideon Sa’ar. [If they do that,] they have no chance to [achieve] anything in Likud ”

    https://www.jpost.com/Israel-News/Gideon-Saars-career-done-if-he-opposes-immunity-Knesset-Deputy-Speaker-612326

  15. It is important Bibi stay in power that helps the UTJ and Litzman after all he is so important and good for the country and pedophiles fleeing justice.

    Bibi betrays Australia in bid to cling to power
    Netanyahu is so desperate to cling onto power that he is actively helping a man who allegedly helps an alleged child sexual abuser evade justice.

    The extradition of Malka Leifer has brought together the Australian Jewish community more than any other single issue in the last few decades.

    No matter where you sit on the political spectrum, most if not all Australian Jews want to see Leifer stand trial in Australia for 74 charges in relation to child sexual abuse.

    Alleged victim Dassi Erlich often says she couldn’t continue her campaign for justice without the support of Federal Politicians from across the political divide and the public.

    The failure to extradite Leifer, five years after she was first arrested in Israel, has been a source of frustration for many.

    But over Shabbat, when Israeli Prime Minister Benjamin Netanyahu’s office announced it would ask the cabinet to approve the appointment of Yaakov Litzman as Health Minister, that frustration turned into rage, anger and disbelief.

    Even those who are on team Bibi, so to speak, have to admit that this was a devastating blow to his credibility and integrity, and that of Israel.

    While Netanyahu could go to court and fight accusations that he tried to bribe media organisations, there’s no court room for moral judgement. When you’re wrong… you’re just wrong.

    Litzman, for those who haven’t been following the Leifer story, is the man accused of helping Leifer evade justice.

    In August Israeli police recommended indicting him on fraud and breach of trust for allegedly interfering in the extradition of Leifer.

    Police said that they found sufficient evidence to charge Litzman with trying to influence the opinion of psychiatrists appointed by the Ministry of Health in order to aid Leifer and prevent her extradition.

    Police said that he attempted to pressure the Jerusalem district psychiatrist into falsely stating that Leifer was mentally unfit to be extradited to Australia to stand trial.

    Litzman’s meeting with the key witness in the extradition case could also constitute obstruction of justice and he is accused of threatening other medical professionals at the ministry if they did not write reports in a way favourable to Leifer.

    Appointing that man as health minister makes a mockery of Israel, is a slap in the face to Leifer’s alleged victims and should be a warning sign to all Australian Jews.

    The Israel we are so proud of, and hold so dearly in our hearts, is being harmed.

    Netanyahu is so desperate to cling onto power that he is actively helping a man who allegedly helps an alleged child sexual abuser evade justice.

    The Royal Commission into Institutional Responses to Child Sexual Abuse often referred to the culture of abuse, and the failure of leaders that enables abuse to take place.

    Netanyahu now falls into the category as one of those leaders.

    Australian politicians often talk about the need for more action on Leifer, and they genuinely believe that Israel takes this matter seriously.

    Only two weeks ago Australian Attorney-General Christian Porter met with Israel’s Attorney-General Avichai Mandelblit and Justice Minister Amir Ohana.

    “I left those meetings comforted by the fact that they understand the seriousness of the issue for Australia and they know we have a strong commitment to seeing this resolved,” Porter said.

    One has to ask now if Porter is right. Does the Israeli government really care about its relationships with Australia or the alleged victims? And is there anything that Netanyahu won’t do to cling onto power?

    This decision is a low point for Netanyahu and Australia’s relationship with Israel.

    Joshua Levi is the CEO of The AJN.

    Naturally there are those who will say the police and prosecutors are the bad ones here they are persecuting Litzman. They will forget about the victims of the pedofile because it is a deep state conspiracy. When there is no defense of the crime attack the accusers.

  16. If Bibi is going to be able to function as a Prime Minister he needs immunity. He can be tried after he is no longer Prime Minister. That is for the good of the country.