In choosing between the justice system and Netanyahu, the Jewish public chose Netanyahu

by time news

There are two defendants in the Netanyahu trial: Benjamin Netanyahu Of course on the one hand, and the justice system on the other. The indictments state “The State of Israel against Benjamin Netanyahu”, and the second indictment “The people against the justice system”. True, not all people. But a large majority of the Jewish public. While the media chatter on the question of disgrace or disgrace, the people are dealing with a much more important issue: whether or not there are judges in Jerusalem.

In fact, the very decision of Netanyahu to negotiate a plea deal – means in the eyes of many that he himself has already decided on the issue. Reflecting the word of the people and their will, the rule of law and the principle of separation of powers.The Netanyahu trial shakes the delicate network that connects these three principles.

Judging by the election results, the Jewish people rejected with both hands the constant and inflammatory media outcry against Netanyahu. He continued to give him a mandate and express confidence in his leadership. Even when three indictments were filed against him, the people rejected them and continued to flock to the polls. The demonstrations in Balfour, the black shirts of the Prime Minister, the unusual response and the sympathetic and vociferous coverage of all the protests did not help.

The headlines and the nasty criticism, disproportionate, did not help during the Corona period. Nothing shattered the armor of trust of most of the Jewish public, in that Netanyahu is not a corrupt person and that he is acting in faith for the future of the people and the Jewish state. In choosing between the justice system and Netanyahu, the Jewish public chose to believe Netanyahu. The judiciary remains in the minority, with its representatives being a group of other anarchists and frustrated people who have vented their anger in Goren Square in Petah Tikva or Balfour.

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The Netanyahu trial also reinforced the problematic nature of the rule of law. Law is not a synonym for justice. This is the first thing you learn in the “Introduction to Law” course. There is a constant tension between the two, or in the words of Guy Zohar, “there are gaps.” As long as these gaps are created at the margins – this tension is tolerable. This allows the public to treat the justice system as it treats the health care system.

He understands that just as he trusts physicians and nurses, who owe their allegiance to the Hippocratic Oath, so judges, prosecutors, and police officers owe their allegiance to law, truth, and justice. As these gaps widen, public confidence in the judiciary on all its branches loosens. The result is the weakening of the foundation on which all democracy is founded. The Netanyahu trial has widened this gap to a level that is dangerous and shakes the thresholds of the regime in Israel.

The one who better understood this process, being a real revolutionary – is the retired Supreme Court president Aharon Barak, Whose name was recently linked in support of a plea deal for Netanyahu. Barak made a crucial contribution to the third fundamental shock of democracy, which is the principle of separation of powers. At the time when there were judges in Jerusalem, there were also Knesset members in the Knesset of Israel.

The Supreme Court knew how to respect the decisions of the Knesset and its laws, as they reflected the will of the people, the sovereign. Until Barak’s tenure. Given the power to do legal politics, he dipped his hands in the mud and created a golem that in the third act rose on its creator.

Aharon Barak (Photo: Yonatan Zindel, Flash 90)

When everything is political

Here it becomes clear that the judicial activism that Barak led with greed and sophistication, created a high-intensity tension between the legislature and the executive and the judiciary. Taking the reins of decision on political matters in essence by the Supreme Court – was the first pillar to create a sense of elitist arrogance over the will of the people.

The rule of law weakened, and was replaced by the tyranny of the court. From the judges it seeped into the prosecution, and from there to the police. Everything is fair. Everything is political. The election results are much less relevant as the decision on political issues shifts to the judiciary.

And when everything is political – a selective enforcement is created naturally: you can use hallucinations against the ultra-Orthodox, but not against Balfourists. You can break the hands and feet of settlers who are fighting for their home, The law and convict Netanyahu for nothing.

Haredi demonstrations (Photo: Yonatan Zindel, Flash 90)Haredi demonstrations (Photo: Yonatan Zindel, Flash 90)

Netanyahu’s trial provides a mirror for all the ills of the legal system and reveals to everyone the extent of the destruction of public trust in it. Anyone who cares about the legal system and understands the limits of the inclusion of a large public knows how to identify the phase transition points in which the public moves from a standard steam outlet on the social network to creating a mass protest movement that will wash the streets and intersections. There is still some pressure on the right-wing, ultra-Orthodox and national-religious public, and Israel may also find itself in a kind of Hebrew spring.

The intensity of the anger among Netanyahu’s fans can be measured using the money index. As of the time of writing this article, more than NIS 3.5 million has been raised from the public to finance Netanyahu’s legal defense, if he chooses to abandon the idea of ​​a plea deal and lay his head on the guillotine of the justice system.

The money raised is for a public struggle against unfounded indictments, designed to get out of the way of an elected leader, who cannot be defeated at the ballot box. He expresses deep frustration with the justice system, which has invested hundreds of millions in pursuing and pursuing a quality and beloved leader, in order to formulate against him accusations against state witnesses who have been blackmailed in papal ways.

The fruit of the poisoned tree, negligence in examining the facts about the quality of Netanyahu’s coverage in Walla, presenting an exceptional response as a bribe without comparing it to Walla’s unusual response to other politicians, and omitting investigative materials from the defense – all in addition to pre-trial leaks from plea bargains The prosecution and police investigators in a gloomy light.

It is clear to many in Israel that when the prestige of the justice system is at stake, Netanyahu has no chance of receiving justice. The manner in which the case is handled by the state indicates a desire to convict at all costs. In this state of affairs, it is clear that Netanyahu knows how to do the math. If he continues to conduct his trial, he will probably reach the same results that he will reach through the plea bargain.

Therefore the decision to accept the plea deal offered to him is rational. The least wise act is to continue to spend years of life torturing a large amount of money and legal protection. In addition to all this, there is a fear that the judges will want to back the prosecution and sentence him to actual imprisonment.

A plea deal will redeem Netanyahu from the torments of justice, but it will not redeem the justice system from the loss of public trust. To restore the judicial system will require much more than the mental calculation and the implicit beating of Aharon Barak’s sin. The justice system will have to go through far-reaching changes. The first of which is to recognize that many simple people have the wisdom of the masses, and that it cannot be dismissed because of the wisdom of the legal oligarchy. “A lot of sound like a demonic voice.” The voice of the bibists as a demonic voice. This is how it is in a democratic state.

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