Tuesday, March 28, 2023

Winning an Election is not a License for Regime Change. Netanyahu's Pledge to 'Delay' Putsch Ain't Good Enough

In times like these, I get a pretty clear picture of peoples’ values. Sometimes they are cloaked in eloquent punditry championing “judicial reform,” and other times, they come out in spit and invective from frothing mouths.

Either way, I take perverse comfort in knowing these folks are not on my side.

Some say that the 'nationalist' and 'religious' voters who gave the Likud-Hardal-Haredi bloc a four-seat Knesset majority should be allowed to do whatever they want with this majority, or else I am showing 'contempt' for these sensitive souls.

But the only contempt I have is for those who are shoving regime change down my throat and calling it judicial reform.

So here's a straightforward set of questions to clarify whether you stand with decency or fanaticism:

1.    Do you support giving Itamar Ben Gvir his own personal taxpayer-funded militia answerable only to him? A sort of Phalange territorial army?

2.    Would you have preferred that "judicial reform" be part of a consensus-based Constitution for Israel? A Constitution that incorporates the principles of the Declaration of Independence and the Basic Laws? Perhaps based on the work of the late Prof. Ruth Gavison?

3.    In your mind, are the tens of thousands of protesters against the Netanyahu-Levin-Hardal-Haredi government essentially "leftists" and "anarchists?" engaged in a "coup?"  Or are they primarily centrist patriots? The kind of middle-of-the-road people who do IDF reserve duty and pay taxes...

4. What do you feel when you hear louts and thugs scream “death to Arabs” as soon as they see a TV News camera?

5. Do you think a Defense Minister should be fired if he brings the Prime Minister information and urges policies he doesn’t want to hear? Advice that is for the good of the country? The same kind of guidance the heads of the Mossad, Shin Bet, and IDF are also delivering…

6. Do you agree with bills introduced by members of the Netanyahu-Levin-Hardal-Haredi coalition that would allow police searches of private Arab homes without warrants?

7. Do you want to give the ruling party of the Knesset control over the Central Elections Committee?

8. Would you give the government political control over the National Bureau of Statistics?

9. Do you desire to send Christians to prison if they try to sell Jesus and their religion to Israeli adults?

10. Do you want a Knesset majority to be able to overturn the rulings of the Supreme Court? So, for example, if a Knesset legislates that men and women must sit separately on intercity buses to/from predominantly ultra-Orthodox cities and the court negates the law, the Knesset will have the power to disregard the court.

11. Do you support the "gifts law" allowing unrestricted and anonymous gift-giving to public servants and politicians?

12. Do you favor a bill that would immunize a crooked prime minister from legal prosecution?

13. Do you condone a law prohibiting investigative journalists from disseminating politicians' recordings without their consent?

14. Do you back the Deri law to allow convicted politicians to serve as ministers?

15. Do you support weakening the internal affairs branch of the police, which investigates police violence?

16. Do you support a Western Wall law specifying prison time for women dressed "immodestly" at the holy plaza?

17. Do you want a law that tells Muslims and Christians they can't bring their hospitalized relatives food that isn't kosher for Passover?

Here is the bottom line. The Netanyahu-Levin-Hardal-Haredi government is not striving for judicial reform but regime change. And winning an election does not give them a license to overhaul the political system without the consensus of the governed. Theirs is a package deal of reactionary legislation. And they keep adding to the package. When all will be said and done, they will not only have changed how judges are selected for the court but the ethos of the country.

Some of them want an Israel whose regime is rooted in Halacha (as interpreted by the fundamentalist Orthodox), while others want to follow lockstep in the footsteps of American conservative legal ideologues.  

As for me, I want a tolerant, Jewish, and democratic Israel.  Those are my values.

Last night, caving to pressure from Israel's majority, Netanyahu said he would delay his putsch by a few months. Delay is simply not good enough.

Friday, March 24, 2023

'My Name is Binyamin Netanyahu and I am Here to Help You"

We sat around the table on Thursday night, eating brought-in pizza and drinking fine Italian wine. The television was turned to face the dining room table where we sat with two friends, like us Anglo-Israelis.

Rumors swirled that at 7:30 PM Defense Minister Yoav Gallant of Prime Minister Binyamin Netanyahu’s Likud Party would – in the “name of national security” – call on Netanyahu to declare a moratorium on his catastrophic regime changes crusade. He'd save face – and the country. 

The Tel Aviv stock market went up, and the shekel’s value strengthened.

Seven-thirty came and went with no Gallant. The sound on the TV was off, so I raised it and heard that the defense minister would not speak after all but that he had been summoned to the Prime Minister’s Office. And that Netanyahu would speak at 8 PM.

Eight came and went, and no Netanyahu.

The wine was gone now.

Someone said that there were two scenarios. Either Gallant backed down, or he quit in protest.

“Does he have the balls to quit,” someone else wondered.

Then a newly invigorated Netanyahu appeared on the screen. Lately, he had been going about without makeup, looking pallid. He spoke in a firm voice, reporting that he had met with ministers, including the defense minister. He said that until now, he had been blocked from speaking to us about “judicial reform,” implying that it was out of fear that the attorney-general (who is autonomous) would sack him. The AG never made any such threat, but since Netanyahu was on trial for a criminal offense, it made sense that he should not be seen to tinker with the system of selecting judges.

Shortly after dawn on Thursday, the Knesset (which he controls) essentially robbed the AG of the power to demand Netanyahu recuse himself. So now, he announced, he was back and "in charge" and would personally serve as the vicar of "judicial reform."

He knew there were two sides to the issue, and he was elected to be prime minister of the entire country.

He outlined the concerns of both sides with just a hint of petulance when he summarized the views of his critics.

With the pizza gone, someone said, “I am waiting for the punchline….”

But there was no moratorium announcement. 

The opposite. Netanyahu said he planned to double down to get his program passed. To alleviate any concerns about civil liberties, he said he himself would see to legislation to safeguard minorities (meaning about half the country). He gave us his word that the new regime would bolster “democracy,” not undermine it.

It was time to clean up and take the pizza boxes to the recycle bin.

I went to bed wondering why I allowed my hopes to be raised. Why did I imagine that Netanyahu would second guess – would reverse – himself? That he would put unity and country first...

I'm not sure why I had those hopes. Netanyahu has a track record of manipulating mentors and devotees alike, from Moshe Arens and Naftali Bennett to Avigdor Lieberman and Gideon Sa’ar (the list is endless). Even by Israeli political standards, he is unprincipled.  Actually, his allies call him שקרן בן שקרן. And he can boast, too, of an international reputation for mendaciousness. 

Nevertheless, many Israelis really believe that all Netanyahu wants is “judicial reform.”  In fact, he and Likud Justice Minister Yariv Levin have proffered judicial revolution and regime change. If they get their way (which seems more likely than ever), the government he leads will appoint the judges who will hear his future legal appeals. 

The Netanyahu-Levin approach of majoritarian democracy elbows aside civil liberties, minority rights, and checks and balances that give meaning to representative democracy. Under their vision, the majority would rule the roost just like in the UN General Assembly, Grand National Assembly of Turkey, Islamic Consultative Assembly in Teheran, and the Hungarian National Assembly. If Israel’s Haredi and Hardal parties of God have their way (and together, they already equal Likud’s power), the Knesset could devolve into a Majles-like vanguard for theocracy. 

So, after Shabbat, all being well, I will be demonstrating outside the President’s House here in Jerusalem. The bigger rally will be in Tel Aviv. There is little more that I can do.

Nobody’s mind will be changed. The lines are drawn. The split is over values, political culture, and sensibilities. 

I don’t bother trying to convince ex-colleagues, acquaintances, or family who are on the other side. It's the herd of elephants in the room; it's painful to spend too much time with them. 

Never did I imagine that in making aliya, I would have a front-row seat to the wrecking of the Zionist enterprise. It is heartbreaking.

---------------------------

For Coverage of Netanyahu’s Speech see

Netanyahu Digs In on Court Overhaul, in the Face of Mass Protests

https://www.nytimes.com/2023/03/23/world/middleeast/israel-netanyahu-protests.html

PM: I’ll intervene to make overhaul ‘balanced’ — but judge selection bill will pass

https://www.timesofisrael.com/pm-ill-intervene-to-make-overhaul-balanced-but-judge-selection-bill-will-pass/

פרשנות | נתניהו סיכל את נאום גלנט ונתן שואו משלו. במוקד: דקלום שקרים

https://www.haaretz.co.il/news/politi/2023-03-24/ty-article/.highlight/00000187-102f-d7c4-ab8f-fc2f662e0000




Friday, March 17, 2023

What Israelis are Fighting Over

  

The civil strife in this country is between those who want a secular, liberal, and Jewish state and those who desire a socially, politically and religiously parochial garrison state.

All the other issues relating to the judiciary – the jurisdiction and independence of the office of the Attorney General, for instance – could have been worked out long ago had Israel adopted a constitution. However, the man who has been prime minister for most of the past 20 years declined to champion an orderly consensus-based constitutional process. 

More narrowly, if the issue today was how to select Supreme Court justices, that could be worked out by compromise in 48 hours. 

The mantra “Judicial reform” is a Trojan Horse for regime change that's been germinating for 20 years. Ideologues like Yariv Levin, backed by the American Jewish-funded Kohelet Policy Forum, had wanted to carry out this revolution using anesthesia. It was to be a gradual process. It was not supposed to hurt. 

But then, an opportunity presented itself that the once-patient ideologues could not resist.

It came in tandem with Binyamin Netanyahu's epiphany that the police and courts were out to get him. They would not cut him any slack despite all he had done for Israel. They obsessed about a cigar here. A contract there. A submarine for a "brother-in-law." Didn't he deserve to wet his beak?  They even begrudged him tax-payer-funded ice cream and house renovations. 

Notably, Bibi did not raise concerns about police and judicial overreach when the cops came after Ehud Olmert for his corruption. Or after Moshe Katsav. Or the various corrupt politicians and clerics who fell afoul of the law.

Anyway, profoundly aggrieved, Netanyahu decided he had to stay in power at all costs. For the good of the country. Yes, for the good of the country.

So, he created a Hardal bloc. They were uncouth. Still, they shared his disdain for the rule of (secular) law. He had earlier (during the pandemic) given autonomy to the non-Zionist haredim. In victory (23.41% of the vote on November 1, 2022), he created a cabinet comprised of loyalists in a Likud Party refashioned in his image, the Hardal parties of Bezalel Smotrich and Itamar Ben-Gvir, and the ethnic chauvinist ultra-Orthodox haredi parties.

Together they would construct a new ethos for Israel. They have their differences yet are united in their anti-intellectualism, scapegoating, intolerance, appeal to authoritarianism, and demagogic leadership model. Some factions are messianic, while others are obsessed with mizrachi victimization. They all despise the "reform," the "leftists," the "Arab lovers," and the "secular." 

In truth, Israel’s divisions are not left versus right or observant versus secular. Come to a demonstration, and that becomes immediately plain. They are between two contrasting visions for the country.

Unfortunately, the benighted forces are ascending toward victory.

Here is what's particularly galling. That Diaspora Jews – those who think of themselves as enlightened and well-read, not as religious fanatics – would, with their money or smug punditry, sentence Israelis to live in a society where no branch of government would be empowered to protect civil liberties and minority rights.

And instead of being ashamed, they feel like players; they're in the game. Influencers. 

They are culpable for what is happening here. Their think tanks, media outlets, and monies have helped to push Israel to the brink of civil war.

All because they have an ideological vision of how Israel should be. The Israel they see from that suite at the King David Hotel or in the course of a frenzied junket. 

In a few weeks, the power of the Supreme Court to invalidate bills passed by the Knesset will be hamstrung. The government will give itself the authority to pack the court. Corrupt politicians will be koshered. The “national security minister” will have his own militia. The finance minister will have jurisdiction over the Civil Administration that rules the West Bank. The Bureau of Statistics will be politically shackled. 

What the Knesset will do when it comes back after its Passover break is anyone’s guess. Perhaps defund public broadcasting and expand the Voice of Netanyahu/Channel 14.


Democracy, need I remind you is not pure majority rule. You would not want to live in a country where all power is concentrated in the hands of one man or set of men (there are few women in the ruling clique). Where fanatics and clerics, and ethnic chauvinists call the shots.

Why are you sentencing us to a fate you would not want for yourselves?

***

Here is a link for an interview conducted last night with Nadav Argaman, the former Shin Bet chief. He seldom has if ever, been interviewed since leaving office. It is in Hebrew.

And here is the English text of President Herzog’s Wednesday address to the nation.

Both men warn that the country is on a disastrous course if Netanyahu is not brought to his senses.

***

Citizens of Israel.

The serious security incident made public a few hours ago is clear proof that our enemies keenly detect the fraying of our Israeli sense of togetherness and are acting accordingly. This is not the only threat.

The last few weeks have been tearing us apart. They have damaged our economy, our security, Israel’s diplomatic ties, and especially Israel’s cohesion. Family Shabbat dinners have become warzones; friends and neighbors have become rivals. The discord is getting worse; the concerns, fears, anxieties—all, more tangible than ever.

I want to tell you something from the heart, and I very much hope that you will all take it to heart, too. Over the past few weeks, I have met thousands of citizens at the President’s Residence and outside it. The State of Israel’s finest sons and daughters. True patriots, on all sides of this dispute. Never in my life—never in my worst nightmares!—did I think I’d hear such words, even from a very small minority. I heard horrifying rhetoric. I heard real, deep hatred. I heard people on all sides, for whom, God forbid, the thought of blood in the streets is no longer shocking.

I am going to use a term that I have never used before, a term that horrifies every Israeli who hears it. Anyone who thinks that a genuine civil war, with human lives, is a line that we could never reach—has no idea what he is talking about. It is precisely now, in the State of Israel’s 75th year of independence, that the abyss is within touching distance. Today, I say to you what I told them: civil war is a red line! I will not allow it to happen! At any price. By any means. The IDF must be out of bounds, beyond all political dispute, and so must insubordination, of any sort.

We are in the throes of a profound crisis, but I truly and wholeheartedly believe that today we also stand on the brink of a momentous, historic opportunity. An opportunity for a balanced, wise, and consensual constitutional settlement of the relations between the branches of government in our Jewish and democratic state, in our beloved country. We are at a crossroads: a historic crisis or a formative constitutional moment.

Over the past few months, I have frequently stated that structural changes are required in the relations between the branches of government in Israel. I stand foursquare behind this determination. This will be to the benefit of our citizenry and to the benefit of our state. But fundamental and profound changes to the relations between the branches of government must be made wisely, to ensure that they bring blessings and good to the greatest number of people, to the broadest possible common ground. Such a common ground must reflect a broad spectrum of identities, beliefs, and worldviews, from all shades of the Israeli mosaic, including minority communities.

Indeed, full and absolute agreement is unachievable, but broad agreement on fundamental constitutional questions is the right thing at this critical moment. Israeli democracy is our lifeblood and we must protect it at all costs. Its firmest foundations, consistent with Jewish values, are binding on all of us.

 

 

 

Thursday, March 09, 2023

'Judicial Reform' is being used as a Trojan Horse to establish a reactionary regime in Israel


Thoughts on the matzav or situation:

1. The political crisis here in Israel is extraordinary. We are witnessing a drive toward regime change led from within, ala Donald Trump but with none of America's constitutional guardrails.

2. It is disheartening to realize that there is a solid demographic base here that wants an illiberal Israel. Pro-Netanyahu Channel 14 TV is seeing its ratings climb partly because its charter allows the channel to concentrate on “current events” with minimal general or entertainment programming. The government's long-term strategy is to defund Kol Yisroel/Kan television and radio as well as Army Radio. Both outlets are independent of the government and sometimes critical of its policies.

3. Thankfully, Israel Today, a tabloid that appeals to right-leaning readers, offers balanced news/views – thank you, Dr. Adelson.

4. If only the issue was simply judicial reform, compromise would be possible. Instead, what is at stake is regime change led by a slim parochial and reactionary majority in the Knesset.

5. If you want a sense of the nadir to which Netanyahu has brought us...listen and watch. You've probably never seen this man interviewed. He's Eliezer Shkedi, the former head of the IAF, who keeps a low profile. Never entered politics. This is in Hebrew.  Pick up at 1300 –

https://www.mako.co.il/news-channel12?subChannelId=cc60351d23006810VgnVCM100000700a10acRCRD&vcmid=7f80f6220a8b6810VgnVCM100000700a10acRCRD&fbclid=IwAR1-jZt0KeVZdsXu7e-NqeNcN6sOuE-4AsEoHg2as1YnqXce1FsVCFC4-KE

5. What can you do if you live in the US or UK, or Australia –?

Foremost stop sending money to Hardal & Haredi institutions of all kinds. Your money is fungible.

Secondly, do not finance groups that are stoking war with Islam. Or groups that provide for the legal defense of Jewish terrorists.

Do not donate to organizations promoting Jewish prayers on the Temple Mount or those that want to build within the Arab enclaves of Jerusalem. These are not innocuous, apolitical, consensus goals. Even though they'd like you to think otherwise.

6. Think twice about associating with any of the think tanks, philanthropic agencies, or advocacy groups that have backed judicial overhaul in Israel. Not because some judicial reform isn’t necessary but because “judicial reform” is being used as a Trojan Horse to establish a reactionary regime in this country.

7. We are belatedly hearing some of the original (English-speaking) ideologues of judicial reform acknowledge that things have gone too far, too fast. And that maybe they were being used.

8. Be mindful of where you get your news/views –  all pro-Netanyahu outlets and virtually all Orthodox-leaning outlets are backing regime change, some with velvety understatement, others by taking an in-your-face approach. 

9. Unfortunately,  left-wing platforms are taking advantage of the right’s moral fall to push a broader agenda beyond stopping regime change. Yet this crisis makes for strange bedfellows. Given the current emergency, better Haaretz than Arutz-7!

Your safest bet is The Times of Israel --  https://www.timesofisrael.com/

10. Take what is happening here to heart. Do not be sanguine. Israel is your lifeboat.

There is little time – maybe until Passover – to stop the Netanyahu-Hardal-Haredi onslaught.  Alas, some of the damage to Israel's standing may be irreparable.

11. Do not be lulled by talk of compromise. It is not on the cards so long as the coalition refuses to declare an unconditional moratorium on their legislative crusade.

https://www.timesofisrael.com/crunch-time-for-israeli-democracy/?fbclid=IwAR02JwfGXdbcPVVFYSGhtZv0GXqrde3mJAOEmBrprh__03GRHlH5bTgINms  

12. Civil disobedience is rife.  The overwhelming majority of protesters are not "anarchists" or "leftists" but anxious patriots who pay taxes, serve in the IDF and fear the ethos of the country is being hijacked.

Meanwhile, farcically, Itamar Ben Gvir is the highest law enforcement official in the country, having been appointed by Prime Minister Netanyahu, who is presently on trial for a series of criminal offenses.

13. Venture capital is drying up. High-tech folks are exploring relocating. The National Library is under threat of a political takeover. So is the Bureau of Statistics.  

That is the context for understanding why IDF reservists are talking about not reporting for duty. To top it off,  Haredi ministers in the government represent parties that oppose IDF service for their constituents. Hardal ministers argue their rabbis should have veto power over IDF orders. And a Hardal minister in the Defense Ministry (who happens also to be Finance Minister) advocates the state engage in war crimes. 

14. Civil liberties are on the line. The Shekel drops. Iran threatens. The West Bank seethes. Gaza threatens. Hizbollah plots. 

Yet Netanyahu and his enablers are willing to rip this country apart. 

He to stay out of prison, and they to refashion Israel in their own benighted image in which --  Purim plays for children are nixed because they feature female actresses, hospital patients (who may not even be Jewish) are forbidden to eat bread on Pesach, and earthquakes are blamed on homosexuality.

This is not a drill. And Netanyahu is to blame.