Recipe for clash: Mandelblit is at the crossroads that will determine Netanyahu's fate
The prime minister's desperate plan is to defeat Sa'ar, obtain a majority in the Knesset and extract immunity from it. As long as the court refrains from disqualifying its competency, Netanyahu's intentions may put the Knesset or the Supreme in an unprecedented decision - which of the two basic laws has the right to move forward
Recipe for clash: Mandelblit is at the crossroads that will determine Netanyahu's fate
The political upheaval in Israel, if it is right to describe stagnation as upside down, must strike modesty on anyone expecting intelligence services to score in their estimates. No intelligence or political evaluator across the globe, not in Israel - especially not in Israel - nor outside of it, was able to predict eight months and a week before the April elections, that things would roll out so that two consecutive times no decision was reached and that in March 2020 the polls would be placed for the third time.
The Agranat Committee for the Investigation of the Yom Kippur Failures, if resurrected, would have been better at examining itself in light of developments and recognizing the limitations of being able to assess even when the entire information is allegedly exposed and transparent. CIA chief Gina Happel, who periodically meets with UN Tamir Heiman and Yossi Cohen, does not have to be angry with American intelligence appraisers that their political superiors are not receiving material from which they will decide how to act against Israel. In the equation is not great, there is no solution to the puzzle.
The two immediate questions, which require an answer, focus on Benjamin Netanyahu's ability to form a post-election government and succeed in fighting off the challenge Gideon Sa'ar poses to him in the Likud and in his right-wing religious environment. Hence the importance of the timing of the official answer to the first question, because it can project on the second.
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Mendelblit (Photo: Shlomi Gabay)
The Court, Avichai Mandelblit at a trial conference at the Dan Carmel Hotel, Haifa, December 5, 2019 (Photo: Shlomi Gabay)
Attorney General Avihai Mandelblit is expected to reply to the High Court within the next three days if he intends to comment on Netanyahu's qualifications, and will head the Likud list and achieve in the next Knesset enough to recommend to the president to form a government under the indictments. Just say if he gives his position on the issue.
"No", of course, dismisses him from further detail and rolls the ball to the High Court. "Yes" can be an introduction to the position itself, but the consultant does not expect it to be delivered at the moment. Either way, the timing and content will affect the Likud's deal. Meaning, or "yes" with the delay until after the 26th, will help Netanyahu against Sa'ar, which is not necessarily Mendelblit's intention, but strange accounts of impression and image - or in his eyes especially with Tefal - have led him in recent months to cause puzzling and frustrating enforcement authorities He avoided, without any explanation to the public, allowing the police to open a full investigation into the Netanyahu affair with his uncle Nathan Milikowski, which also includes verifying the correctness of the statements Capital and conflicts of interest deposited with the state comptroller over the past decade, and Netanyahu's office has not yet claimed to return NIS 120,000 to the state, which may be spent in the next two days, Shai Nitzan's last two days as state attorney.
Last Thursday, Netanyahu reported to the High Court to act voluntarily before he was forced to resign from his additional positions in the government - the files held by him alongside the prime minister. Here, too, Mendelblit was driving Netanyahu in puzzling heart. He gave him 40 days, from the indictment last month. And until January 1, resignation Mendelblit's announcement of this extension to Netanyahu was also a bright spot: The state waived Netanyahu's defense in light of petitions dealing with his ability to serve under criminal proceedings and left that protection to his private office, Shamron-Molcho Office, this time, and not his defense attorneys in the 2000 files. And 4000, and the party - the Likud's lawyer Materiality will be a gap between Mandelblit and Netanyahu and his party.More in Walla! NEWS More in Walla! NEWS
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Great and desperate planThe two immediate questions, which require an answer, focus on Benjamin Netanyahu's ability to form a post-election government and succeed in fighting off the challenge Gideon Sa'ar poses to him in the Likud and in his right-wing religious environment.
Like all ministers who have been prosecuted since the beginning of the last decade, after the Knesset ignored the Deri-Panhassi rule and left the updated version of the Basic Law to force them to resign only after their conviction and not with the indictment against them, Netanyahu chose not to give the Supreme Court an opportunity to reinstate the law. And thus also transmit the same law to the Prime Minister, which a separate section of the law deals with. Netanyahu preferred to concentrate effort on the main battle, on his ability to form a government, and not to waste power - and perhaps break out the front - in skirmishing on the portfolio line.
Politically, he is more comfortable without the files, because Mandelblit - delaying their handover until after dealing with Sa'ar - allows him to seduce members of the Likud faction in the Knesset Promotions, such as David Bitten or Nir Barkat. A down payment in this direction has already been given by former Defense Minister Netanyahu to Naftali Bennett. Until his criminal entanglement, Netanyahu collected cases to control directly in an important area for him (communications) or for the purpose of preventing the advantage of senior Likud relations (foreign). Since the reproach of the suspicion against him has developed, a foreign generosity to his character has emerged. Israel Katz received the foreign case, a finger in the eye to Gilad Arden and tightened lines against Saar, which Katz marked years ago as his main rival in the battle for Netanyahu's legacy. More supporters will now be rewarded.
Since the reproach of the suspicion against him has developed, a foreign generosity to his character has emerged. Netanyahu (Photo: Reuters)
PM Benjamin Netanyahu during Prime Minister's Office Meeting, Jerusalem, December 1, 2019 (Photo: Reuters)
Netanyahu's big and desperate plan is to defeat Sa'ar, obtain a majority vote in the Knesset, extract immunity from it - even if the High Court is expected to decide that it is unacceptable in light of the charges, which are not covered by its public activity umbrella - and to hold the prime minister throughout the criminal proceedings - his trial in Jerusalem and beyond. If convicted, his appeal is supreme.
This is not only a far-fetched plan, but also impudent, because it assumes that the Israeli public, its elected officials and its judges will come to terms with the reality of a defendant in a bribe that manages both the executive and the legislature. In addition to all the well-known reasons for such an atrocity, against her second half, Netanyahu came out - of course, when he meant others and not himself.
unprecedentedThis is not only a far-fetched plan, but also impudent, because it assumes that the Israeli public, its elected officials and its judges will come to terms with the reality of a defendant in a bribe managing both the executive and the legislature.
Every prime minister, though not every minister, is necessarily MK too. This is a recipe for a conflict between the rules governing government action and the introduction of the law - in both cases in the high status of basic laws. Netanyahu wants to secure himself in the government's basic law, according to the interpretation - which is not yet Survived the High Court test - which removes the prime minister from office only after his defeat in the appeal against his conviction and other moves in the Knesset. But Netanyahu is also, and in any case, eligible to remain after the March elections, MK. As a Knesset member, his term will end sooner, if convicted.
Article 42 (b) of the Knesset Basic Law requires suspension of his MKs convicted of infamy. Suspension, in this context, means conditional expulsion from the Knesset. The MK is removed, in his place, enters the queue on his list, and if the conviction becomes a creditable appeal, the suspended person reappears. About his membership. It's a kind of Norwegian law, with a criminal touch. In other sections, which adopt Norwegian law, it is stated that it does not apply to the prime minister, to the actual prime minister (such as Ehud Olmert after Ariel Sharon's stroke) and to the acting prime minister (a position he has never served in Netanyahu's governments).
Netanyahu challenges Likud. Saar (Photo: Reuven Castro)
Gideon Sa'ar, head of the Likud party in Tel Aviv September 18, 2019 (Photo: Reuven Castro)
Originally, Article 42 stipulated that only the Knesset Committee may suspend the convicted MK from his membership. This text was too soft for Netanyahu's taste. In 2007, together with Arden, Moshe Kahlon, Shelly Yachimovich and Limor Livnat, he made the demand: As he stung - he was suspended, sharp and smooth. The Knesset agreed with him and amended the law.
Strong on Netanyahu, who is a personal example, that today, if the three district judges in Jerusalem led by their presidents convict him and determined that he was infamous for his acts of bribery, fraud and / or breach of faith, would hasten to implement his preaching, suspend himself from the Knesset and resign as a result of this premiership process. A resigned minister, such as Haim Katz, can remain MK, but those who are not MKs cannot remain prime ministers.
complicated? Will force the Knesset or the Supreme to decide which of the two basic laws has the right of way at the intersection? Indeed, but only if the traffic policeman there, Mandelblit, continues to shirk his responsibility to disqualify Netanyahu's ability to form a government - an evasion without which there would have been no third election. This is what it looks like now, but no statistic, no precedent, provides a solid basis for assessment. Yesterday (Saturday), in the Premier League game between Maccabi Tel Aviv and Ness Ziona, only one in fifty gamblers guessed the outcome of the draw.