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Netanyahu violated an undertaking he gave to the High Court, so there is no legitimacy for his tenure

In order to serve in the position, the prime minister undertook to submit to a conflict of interest settlement that the ombudsman would make in his case.

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• Benjamin Netanyahu

• High Court

• Avichai Mandelblit

Daphne Holtz-Lechner

Saturday, 19 September 2020, 17:32

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Photo: Government Press Office, Edited by: Jordana Abodi-Fox

In the week that the government decided on a closure and political agreements were signed in Washington, the High Court's decision to discuss, immediately after Yom Kippur, a petition demanding that Prime Minister Benjamin Netanyahu be removed from all involvement in the law enforcement system.

The High Court hearing is expected to be on the agenda public issue rarely engage in a question of legitimacy bone Binyamin Netanyahu's term as prime minister, for breach of undertakings given by the High Court of Justice, when asked for them to prepare the office. it is the shadow hanging over all its decisions and actions as prime minister.

it will be recalled that Netanyahu heads the government while accused In bribery, fraud and breach of trust offenses, it is not legally self-evident.

Subsequently, the High Court held a hearing in an expanded panel of 11 male and female judges, in order to decide whether Netanyahu was indeed allowed to serve in the position.

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Breach the undertaking.

Netanyahu at the beginning of his trial (Photo: Yonatan Zindel / Flash 90)

During the same hearing, Netanyahu pledged to the High Court that in order to serve in the position, he would submit himself to a conflict of interest arrangement. This is an arrangement formulated for him by the Attorney General, which is intended to ensure that Netanyahu is not involved in any appointments. , The State Attorney and the Deputy Attorney General - appointments that may affect his criminal trial, and further criminal investigations against him.

The arrangement is also intended to keep Netanyahu away from influencing the Judicial Selection Committee, decisions in the Ministry of Communications and other issues.

Hence, Netanyahu's commitment to apply a conflict of interest arrangement to himself was to a large extent a basic condition for the purpose of training his tenure.

Without this commitment, it is doubtful that he would have passed the hurdle of the High Court and served as Prime Minister.

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Netanyahu's tenure is based on a commitment he did not keep.

High Court judges in Netanyahu's tenure (Photo: Reuters)

Further even promised the Likud and blue and white before the Court that the appointment of the senior civil service, including law enforcement system - appointments are critical in a democratic country, and especially in a situation where the head of the government system a criminal defendant - not frozen for more than 100 days.

But, since Netanyahu's original commitment to the High Court has been close for almost five months, and it is a wonder - not only that a conflict of interest agreement has not yet been signed and senior appointments in the public service have not yet been made, but that Netanyahu even dared to deny the attorney general's authority In stark contrast to his commitment in the High Court.

Facing a smear campaign.

Attorney General Avichai Mandelblit (Photo: Olivia Fitoussi, Flash 90)

In this way, Netanyahu is now switching between negotiating with the adviser's representatives on the contents of the conflict of interest settlement, with an unacceptable length of time, and denying the adviser's authority to engage in the field and impose any prohibitions on him.

This means that Netanyahu has violated - and continues to violate day by day - the commitment he gave to an expanded Supreme Court panel, and on the basis of which he was given the legitimacy to serve in his position.

He conducts government meetings, makes decisions about the corona, convenes press conferences, travels to Washington - and all when his tenure is based on an unfulfilled commitment.

These are facts that every citizen should know when considering the validity of Netanyahu's actions, and their moral, public and legal legitimacy.

The continuation of this state of affairs constitutes a serious violation of the principle of equality before the law.

If we were talking about a civil servant accused of bribery who violated a similar obligation to the Supreme Court, then it is clear that he would not have been allowed to continue in office as if nothing had happened.

Netanyahu has refrained from signing the settlement - and is acting in a blatant conflict of interest

Meanwhile, not only has Netanyahu refrained from signing the conflict of interest arrangement, while continuing to act in a blatant and sharp conflict of interest, but he is also inciting and defaming, at every opportunity and above every stage, against the gatekeepers.

In contrast to the propaganda spread by the shofars, democracy is not only a majority government (and we will mention that Netanyahu did not even win a majority in the elections), but also an independent judiciary, one that allows for the control of the governing authorities.

Attempt to undermine public trust.

Protesters for Netanyahu outside the Jerusalem District Court (Photo: Reuven Castro)

The smear campaign against the Attorney General and against the prosecutor in Netanyahu's cases is therefore intended to delegitimize them and damage the public's trust in the law enforcement authorities and the judiciary.

All this destruction is meant to serve one personal interest of only one person - Netanyahu's interest in canceling his trial.

Violation of Netanyahu's commitment to the High Court is therefore a serious and continuing violation of the Supreme Court ruling - a violation that a democratic and amended state cannot accept. The

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