The Supreme Court invalidated the appointment of Aryeh Deri as minister. The appointment was rejected by a majority opinion of 10 judges against the minority position of Judge Yosef Elron. Recall that Globes revealed yesterday that Judge Elron is expected to run for president.
● To read the full verdict, click here
The Supreme Court ruled today that the appointment of Knesset member Aryeh Makhlouf Deri to the position of Minister of the Interior and Minister of Health cannot stand. President Hayut, whose position was joined by judges Uzi Fogelman, Yitzhak Amit, Anat Baron, Yael Wilner, Ofer Grosskopf and Khaled Kabob, determined that this appointment was extremely unreasonable, and therefore the Prime Minister should remove Deri from his post.
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The explanation for the determination is, among other things, due to his backlog of criminal convictions, which also includes a conviction for tax offenses from February 2022, according to Deri’s admission as part of a plea deal; and also due to the presentation that Deri presented to the Magistrate’s Court that sentenced him for these offenses, according to which he retires from political life, and his conduct thereafter.
Five of the judges disqualified only (Barak Erez, Stein and Mintz) or also on the grounds that the motor shafts are kosher due to “judicial paralysis”. According to this doctrine, a person cannot assert claims that benefit him in one legal proceeding, and then assert contradictory claims in another proceeding. In other words, due to the presentation presented by Deri, which affected the results of the criminal proceedings regarding the tax offenses, Deri Motor Malkhan is kosher in accordance with the rules of silence and motives derived from the principles of fairness and honesty. Judge Yosef Elron, who was of the same opinion and believed that the petitions should be rejected, stated that the Prime Minister should have contacted the Chairman of the Elections Committee so that he could determine whether there was defamation in the tax offenses for which Deri was convicted.
The Supreme Court judges ruled that “the appointment of Deri Leshar as a minister in the 37th government has a flaw of extreme improbability. This is because this appointment is in serious contradiction to the basic principles of the rule of law, the purity of morals and cleanliness of their hands are the duty of the elected officials and it is appropriate that they guide the Prime Minister in the appointment of ministers”.
The false representation presented by Deri in the criminal proceedings
Some of the judges believed that Deri’s appointment was invalid on the grounds of motives or silence. Judge Barak-Erez believed that in view of the false representation presented by Deri in the criminal proceedings conducted before the Jerusalem Magistrate’s Court, which was there in order to give him a potential benefit in terms of the results of the trial, a legal obstacle arose against him and therefore he cannot at this time assume the office of minister in the government. This, in accordance with the principle of silence as well as the principle of good faith and the duty of fairness of the individual, as well as maintaining the purity of the judicial process.
In this context, it was noted that the manner of Deri’s conduct and the wording of the statements on his behalf established a reasonable basis for the conclusion that he intends to retire from his political pursuits for a prolonged and significant period of time, and this is given real weight that worked in favor of approving the plea agreement presented by the parties. It was also emphasized that shortly after the sentence was handed down, Deri spoke out in public in complete contradiction to what was stated in it and even avoided acting to correct the “misunderstanding” that he claimed had occurred before the Magistrate’s Court. Under these circumstances, the violation of the duty of fairness is blatant.
The judges explained that his conduct at the Jerusalem Magistrate’s Court was not within the scope of reasonableness. It was determined that the presentation presented by Deri during the hearing before the Magistrate’s Court regarding his retirement from public life – on the basis of which he was sentenced for the tax offenses – and his disavowal of this presentation immediately afterwards “raise doubts as to his integrity and the cleanliness of his hands” and cause real difficulty regarding his tenure as a minister and strengthen the The conclusion regarding the improbability of the appointment”.
Judge Barak-Erez stated that Deri is now precluded from denying the image he created in his conduct and accordingly he is precluded from assuming the position of minister, without a decision being required in the current procedure as to the duration of the period in which this disqualification will apply. Judge Barak-Erez clarified in this context that: “The motivation for Deri to serve as a minister in the government is part of the enforcement of the results of the criminal proceedings, and these results are not a matter of ‘majority’ opinion or the decision of the public in general.” She further explained that this obstacle constitutes a “barrier” that prevents the acceptance of the appointment in the first place, in a way that obviates the need to be required to plead the grounds of reasonableness, without detracting from her solid position in administrative law, nor from the importance of protecting the purity of character.
Judge Stein determined that Deri’s resignation from the Knesset, along with his statement that he was retiring immediately from political life, helped him obtain the benefit of approving the plea agreement that ended his criminal trial, and this without the Magistrate’s Court being required to deal with the issue of scandal, even though these are offenses that contain a fraudulent component, which are generally scandalous offenses . Judge Stein believed that Deri’s statement and the reliance of the court and the prosecutor on it create a “judicial deadlock” and set up personal obstacles that block Deri – and as a result, the Prime Minister who seeks to appoint him as a minister – the possibility of being appointed as a minister, at least for the term of the current government.
Judge Elron, in a single opinion, believed that there is no reason to order the Prime Minister to remove Minister Deri from his position. Along with this, Judge Elron believed that the Prime Minister should contact the Chairman of the Election Commission so that he can determine whether the tax offenses for which Deri was convicted are due to defamation. According to Judge Elron’s approach, the Prime Minister has an obligation to contact the Chairman of the Election Commission to determine whether the tax offenses are not scandalous, an obligation that was established after he was entrusted with the job of assembling the government. Elron pointed out that since the issue of scandal reflects, among other things, on the plausibility of the appointment, the Prime Minister must bring this issue before the chairman of the election committee, and after he decides on the matter – it will be possible to discuss and decide on the legality of the appointment of Minister Deri.
Minister of Justice: “The ruling tramples on the choice of Israeli citizens’ rifles”
In response to the court’s decision, the leaders of the coalition parties issued a statement stating that “We received with shock, pain and great sorrow the verdict in the case of the Deputy Prime Minister, Minister Aryeh Deri. His extraordinary abilities and vast experience are needed by the State of Israel in these complex days more than ever.
“Beyond the severe personal injustice caused to Minister Deri himself, the verdict is a huge injustice to over two million citizens, the majority of the people, who voted in favor of a government led by Benjamin Netanyahu in which Aryeh Deri will play a central and significant role.
“We will act in any legal way that is available to us and without delay, to correct the injustice and the severe damage caused to the democratic decision and the sovereignty of the people.”
Justice Minister Yariv Levin noted that “today at 4:00 p.m., many Israeli citizens received an absurd message from the Supreme Court, according to which their vote in the elections that took place two months ago – was canceled. The ruling given today tramples not only the vote of nearly four hundred thousand Shas voters, but also the choice of the majority of Israeli citizens, who knew all the relevant facts and voted for a government headed by Netanyahu, in which Aryeh Deri is a senior partner.
I am very sorry that the heads of the judiciary failed to respect the decision of the people, the judgment of the Prime Minister, and the decision of the Knesset that expressed confidence in the current government. I will do everything necessary so that the crying injustice done to Rabbi Aryeh Deri, to the Shas movement and to Israeli democracy – will be fully corrected.”
Minister of Finance and Chairman of Religious Zionism MK Bezalel Smotrich said in response to Psad: “The left claims that democracy is in danger and the truth is that this is how it looks today. It cannot be that in a democratic country 10 judges will decide instead of the majority of Israeli citizens who should serve as a minister without any basis in law. The government will not fall apart. With God’s help, we will continue to promote the reform of the judicial system for all the citizens of Israel, and the High Court’s decision only proves once again how essential it is.”
The Minister of the Negev, the Galilee and National Resilience, Yitzhak Wasserlauf, in response to the High Court’s decision not to approve the appointment of Deri Kosher: “The High Court’s decision harms the judicial system and the training of the public.
“To all those proposing compromises and agreements – today it was made clear that the High Court, which is not elected, wants to rule without straits over elected officials. Those who carried out a legal coup without consent and negotiations do not internalize that the people had their say in the last elections decisively. Reform now!”
Lawyer Dafna Holtz Lachner, submitting the petition to the High Court on behalf of members of the ‘Fortress of Democracy’ group said: “Today the court sent a clear message that a criminal cannot serve as a minister. The verdict strengthens the purity of the elected officials, and we thank the Supreme Court Justices who accepted our position, according to which the appointment of a man who was convicted three times, misled the court to conclude that he undertakes not to return to public life, is an extremely unreasonable appointment. There is no place for convicted criminals around the government table.”
The head of the opposition and chairman of Yesh Atid Yair Lapid reinforced the High Court’s decision: “If Aryeh Deri is not fired, Israel will fall into an unprecedented constitutional crisis and it will no longer be a democracy and will not be a state of law.”
The Movement for the Quality of Government called on Netanyahu following the verdict: to respect the verdict, and to fire Deri. “An important step in maintaining the rule of law and a victory for the entire Israeli public. The movement is sure that Prime Minister Netanyahu will respect the verdict, and fire Deri.”
The petition claims that the Knesset misused its constituent authority
The petitions were filed against the appointment and against changing the basic law: the government, which allows those who have been convicted and sentenced to a suspended sentence to serve as ministers. In the petitions, submitted by the Movement for the Quality of Government, the Movement for the Purity of Morals and the Fortress of Democracy, it is claimed that the Knesset misused its constituent authority, since it is a personal law designed to allow the appointment of Deri.
In addition, it is claimed that Deri’s appointment as a minister is unlikely in light of his criminal past, which includes three convictions, the last of which was in January 2022.
It is also claimed that there is a “judicial deadlock” in light of the plea agreement made with Deri, after he announced that he would retire from the Knesset, a step that led to the fact that there was no discussion on the question of stigma – which could have prevented him from running in the elections.
Criticism at the High Court
At the hearing, the judges of the High Court criticized Deri’s conduct as part of the plea agreement, and noted that it was clear to the judge that Deri intended to retire from political life. “You cannot say ‘I am retiring’ in order to obtain the benefit of pleasure that is convenient for you, and after a very short time become a minister.” Judge Alex Stein said.
Adv. Navot Tel-Zur, Deri’s defense attorney, claimed that Deri’s retirement was not part of the plea deal, and that it was a misunderstanding.
Attorney Michael Ravillo, who represents Prime Minister Benjamin Netanyahu, claimed that “the Prime Minister wants to stabilize the ruling ship – this is a primary consideration at the top. Public trust is not only a matter of criminal offenses, and God forbid I am underestimating.”
Attorney Nati Shimhoni on behalf of the Shas faction added that if the nomination falls through, it will be the annulment of the voter’s decision. “The voters decided that they want Deri. This is the judgment of those 400,000 people.” The President of the Supreme Court, Judge Ester Hayut, clarified in the hearing that the right to choose belongs to the party to the Knesset, and not to the minister.
Judge Dafna Barak-Erez asked: “Is it possible to trade anything in the name of the majority? I am not saying that these are the things. Can the majority decide on the results of a criminal proceeding and its finality?”.