24 Cheshvan 5780
22 November 2019
TODAY’S BLOG:
The Netanyahu Indictments:
Observations, Process, Opinion
Observations:
Much of today’s blog, dear readers, is going to be an arcane discussion of what happens now that Attorney General Mandelblit has decided to indict PM Netanyahu in cases 1000, 2000, and 4000.
But before that, we must express our intense disappointment that the Attorney General cast aside all common sense in deciding to follow the advice of his fervently left-wing prosecutors.
In Case 1000, nobody questions that the Netanyahus received expensive gifts from their friends, mainly cigars and champagne. But it has been a stretch for the police to come up with anything that the givers of those gifts got in return–except for help that one person (Arnon Milchan) received on getting a U.S. visa. For this, Netanyahu will be indicted for breach of trust and fraud.
In Case 2000, nobody questions that Netanyahu and Yedioth Aharonot publisher Noni Mozes held talks about its viciously anti-Netanyahu bias. However, no one has shown that Netanyahu did anything to help Mozes or that Mozes did anything to help Netanyahu. Yedioth Aharonot is as stridently anti-Netanyahu this morning as it has been for the last decade. For this, Netanyahu will be indicted for breach of trust and fraud.
In Case 4000, it’s the same story as in Case 2000 except that Netanyahu will be charged for breach of trust, fraud, and bribery. Netanyahu supposedly sought relief from negative articles in online Walla! by giving publisher Shaul Elovitch valuable Bezeq concessions on a communications bill that passed the Knesset. However, the communications bill was passed by a committee, not Netanyahu, and there is scant evidence that Walla! changed anything about its coverage of Netanyahu. What is more, the cornerstone of the Case 4000 case is the deposition of a former Netanyahu adviser who changed his story after police threatened his family.
And yet Mandelblit ignored all of these mitigating factors in all of these cases in deciding to indict Netanyahu–all the while saying in his speech last night that Netanyahu is “innocent until proven guilty.”
For his part, an emotional and defiant Netanyahu appeared on national television about 45 minutes after Mandelblit, declaring his innocence and demanding that the investigators be investigated. He said that the indictments are nothing less than an attempted coup.
Process:
And now . . . on to the arcane discussion of where we go from here.
1. From the moment the indictments are filed, Netanyahu–as a Knesset member–has 30 days to apply for immunity from prosecution from the Knesset (or) to announce that he is waiving immunity.
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The indictment cannot move forward until the immunity question is answered. If Netanyahu seeks immunity, there will likely be a ferocious debate in the Knesset.
There is also talk this morning that Attorney General Mandelblit might try to get involved in the immunity process in order to speed things up.
2. However, at the moment if things stay the way they are, there is no permanent committee in the Knesset to even receive such an application for immunity should Netanyahu decide to apply, nor will any such a committee be available until a government coalition has been formed (after the next election?). There is a possibility that a temporary “Regulatory Committee” can consider the request; however, this is uncertain.
In short, as there is no Coalition looming anywhere in the near future; this alone could drag out the immunity process indefinitely.
3. Apparently, from the moment the indictments are filed, Netanyahu will have to give up his ministerial posts of Minister of Health, Minister of Agriculture, and Minister of Welfare. Whether Netanyahu would be able to receive another mandate from President Rivlin to form a government is unknown and would probably have to be decided by the Supreme Court.
4. However, Netanyahu has no obligation to resign as Prime Minister or as “transitional Prime Minister”; Israeli law permits him to remain in office until he is convicted in court–and even through the appeals process if he is convicted. The trial phase could last years (in the example of Ehud Olmert, it lasted 7 years).
5. When will Netanyahu’s trial begin? This is completely unknown, but no time soon.
Opinion:
While the Israeli left and the Israeli media are singing the praises of Attorney General Mandelblit this morning, your humble servant is not.
As noted above, I am intensely disappointed in his lack of common sense in these indictments and spineless willingness to go along with highly questionable, if not illegal, police tactics in gaining “evidence” for the indictments.
Although I am no fan of PM Netanyahu, his speech last night was exactly correct. Someone needs to investigate the investigators, and someone needs to investigate the collusion between the media and the police. However, no such “someones” are anywhere to be found. PM Netanyahu is innocent until proven guilty and should use every means at his disposal to fight the charges against him.
Having said that, I know that regular readers of OneIsrael know my political support of the “right”, and I believe that if Netanyahu remains in office, the “right” will be severely damaged in the next election, and that will severely damage Israel.
Hence, I believe that until these indictments are resolved, Netanyahu should temporarily step down as the head of Likud–for the good of the country, for the good of the “right” in Israel, and for the good of Likud.
He should devote all of his energies to his defense.
A student from Malawi, who had worked with an Israeli health volunteer in his country battling AIDS, came up to us as we walked down the street in the UC-Davis Picnic Day Parade and wanted to carry the Israeli flag.