Netanyahu has failed to appoint a state attorney, but Mandelblit is the big loser

Attorney Ben-Ari Ginsberg had no chance of surviving an internal hostility atmosphere, and her appointment did not cross the river. While USSR failed to appoint another senior position, Mandelblit was the one who expressed a discretion when faced with the legal guild struggle, but avoided a decision on competency Netanyahu sets up a government as a defendant

Netanyahu has failed to appoint a state attorney, but Mandelblit is the big loser

Attorney Orly Ben-Ari Ginsberg's resignation as acting Attorney General was expected. The prosecution, second only to the Attorney General who is the Attorney General, cannot survive an internal hostility atmosphere and in the face of a clear message from the Supreme Court - in the form of the interim order of the judge Manny Mazuz - Although it was not necessary that the order be decided. If she insisted on staying, and even surviving the High Court, Ben-Ari would have made artillery guns in the artillery duel between Amir Ohana and Mandelblit.

When she handled the suicide of Ben Zigier in the Ayalon Prison and asked a judge who happened to be the daughter of a former State Attorney, privately on the grounds of private austerity, Ben-Ari relied on two well-known figures whose details were left out of the public eye: Ofra Haza and Hannah Szenes. Now she felt to her mind what happens when the obscurity of immortality and magnifying glass focuses on those who are not accustomed to constant surveillance; And if she didn't give up, her every move in the prosecutor's office, every statement in the office or hallway, would have resonated and analyzed.

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First, Netanyahu wanted to appoint him to the USSR. Mandelblit and Netanyahu (Photo: AP)

PM Benjamin Netanyahu with Prime Minister Avihai Mandelblit, 2015 (Photo: AP)

This is another example of the fact that, although not always, unspecified appointments do not cross the river; They drown in the middle or swim back to the bank if they are still close to it. So was Gen. Yoav Galant's appointment as chief of staff. This was the case with Jacob Frenkel's re-appointment as Governor of the Bank of Israel, and even more quickly with the appointment of Leo Leiderman for the same role as Frenkel's appointment thwarted. So was the appointment of Gal Hirsch and, later, Moshe Chico Edri as police chief. .

The common denominator for all of these is their superior, Benjamin Netanyahu. To accept Justice Minister Ohana's claim that the interim order was made in error the day after the appointment came into effect with the declaration that Ben-Ari served in its role three to four days, twice the length of Roni Bar-On's term, the source model for Netanyahu's appointment as legal counsel.

Netanyahu's followers attribute responsibility to what is happening in Israel only when they think the situation is positive. Somehow, they - in the aftermath - renounce their ultimate responsibility for all failures and failures, as another State Comptroller Micha Lindenstrauss described in a report of the Carmel fire disaster nine years ago. Now that he is a haunted victim, he will certainly not share with Ohana the responsibility for Ben-Ari's appointment fiasco.

Ohana about the State Attorney General's retirement: put her a gun on the table

You became a cannonball in a duel between Amir Ohana and the Mandelblit brothers. Ben-Ari and Ohana (Photo: Shlomi Gabay)

Justice Minister Amir Ohana and Orly Ben Ari Ginzberg Separation Ceremony Silk Bud, Jewish Border Patrol Jerusalem, December 18, 2019 (Photo: Shlomi Gabay)

In the State Attorney's case, Netanyahu failed but did not lose because Mendelblit swallowed the bait. The counselor again revealed puzzling discretion and precedent. Like a boxer hesitant to enter the arena, preferring to bribe his troops in a brawl at the entrance to the hall.

Certainly, the State of Israel is important to Mandelblit, but it is more important to him than his private court, the Legal Guild, the Bar Association's bargain. Against Ben-Ari's appointment, he used the doomsday weapon with the phrase "legal prevention." Oh dear if she is acting as an alternate in the role that Mandelblit can evaporate from his powers if he announces, as a move, that he-he is the attorney until a permanent attorney comes in, that all the deputy-led hearings are held and chaired, A man in his field.

As with all his moves over the past two years, Mandelblit was wrong in his complacent account. He was able to act three months ago to appoint the Detection Committee to the State Attorney, ahead of the well-known date of Shai Nitzan's retirement last week. The chairman of the committee is the advisor himself and members of the Civil Service Commissioner, the Director General of the Ministry of Justice, a lawyer (Bargil, the representative of the bureau) and a law professor. He refused to do so, because he assumed that before Nitzan's retirement there would be a government and minister - not necessarily Ohana - and also a permanent CEO.

The Detection Committee came out as recommended here. Shai Nitzan (Photo: Shlomi Gabay)

Separation Ceremony at Silk Bud, Jewish Base Border Patrol Jerusalem, December 18, 2019 (Photo: Shlomi Gabay)

Mandelblit did not state his opposition to the appointment of the Detection Committee during the transition government. Nitzan, the last member of the committee headed by Yehuda Weinstein, came out of it almost unanimously recommended. The "almost" was Joshua (Shuki) Lamberger, the brother of Shlomo (Momi) Lamberger, supported by Prof. Ariel Bandor.

When the Detection Committee is in high school, the candidates-for-power will explore their chances of gaining support before deciding whether to compete means being degraded. Mendelblit will try to make an alliance with at least three of the four other members for his candidate - perhaps Lamberger, maybe Liat Ben-Ari Shwiki, "Ben-Ari the Good" in the morality play opposite "The Ben-Ari."

A determined attorney will succeed in arranging a majority for his candidate. His problem is that he does not control it later. The government can decide that it wants to get three names of candidates, who have won at least two votes - the committee members will vote for more than one candidate - and choose between them. In such a case, the Minister of Justice's preferred government may be elected, which is not acceptable to the advisor. For example, Orly Ben-Ari, or an outside candidate.

The fate of the state does not employ Mandelblit

It almost happened to Mandelblit himself, on a more senior search committee, led by retired top president Asher Grunis, who debated four years ago whether to appoint him to the USSR. Netanyahu, who first wanted him (Secretary of State Mandelblit sealed his ears when Sarah Netanyahu intervened in the affairs of the kingdom " Q. When Weinstein's opinion was not sufficiently permissive or creative for the Prime Minister's opinion), he returned and conveyed his support to Guy Rutkopf, Director General of the Justice Ministry during the time of Jacob Ne'eman, and who, on the Weinstein Committee, supported Nitzan for the State's Attorney. Nitzan on Sarah and Benjamin Netanyahu Despite the late resurgence of support for Rothkopf, N.J. Mandelblit finally won, because only he achieved the Olympic criterion.

These are the court cases and the prosecutor's office on which Mandelblit will be killed and will not pass. The fate of the state employs him less. While he fights against Ohana and Ben-Ari, the advisor adheres to Israel's Iran-Iraq war with neutrality, the issue of Netanyahu's ability to form a government as a bribe To his constant excuse, "Theoretical Matter", the opposite was added the other day, "Special sensitivity in elections." Obviously, the decision is required because of the elections. If not now, when?

Mendelblit despises the Supreme Court's help. He wants the judges to save him from having to say that Netanyahu is personally wrong to form a government or alternatively from the counterclaim that "there is no legal impediment" accused of bribery will head a new government.

Any Mandelblit determination will reach the High Court. Supreme Court (Photo: Noam Moskowitz)

Supreme Court, Jerusalem (Photo: Noam Moskowitz)

Shimon Peres once told of a civilian who was equally afraid of the robber who attacked him and the police who came to search for the criminal. When hesitating in the face of a suspicious image and pressed to hear the interrogator's demand to say in one word whether it was the robber, yes or no, the victim replied, "or". Mendelblit wants to stay in the ambiguity of OU.

Just to hear that there is a face here and here and on the one hand and on the other and for and against, there is no need for a government attorney. This is a lawyer cartoon. Each coin has two sides, but at any given moment only a tree or a fly. What's more, the answer must be as clear to Mandelblit as it was to Judge Aaron Barak when he broke Deri's law and urged ministers to resign when they are prosecuted, without waiting for a conviction.

After all, Mandelblit's decision will reach the High Court. If defendants are disqualified, defendant Netanyahu will sue him; if he trains them - those who fight will be corrupt. Either way, the final verdict will be of the judges. But Mandelblit escapes his duty. He prays for external salvation; That Gideon Sa'ar will win and reduce his burden.

This is a disgrace to Israel for further evidence of the disintegration of the legal system, whose prestige will be protected on the international scene. If the Attorney General is unable to determine that a defendant is bribed for wrongdoing by a government, the link between the executive and the judiciary is being blamed on the politicians; Therefore, the international law mechanism, which has been forgiving of Israel, cannot rely on her ordering her home. Mendelblit, who as chief military advocate was so proud of the containment effort on the "Cast Lead" fronts and the Goldstone Report and Marmara flotilla, breaks down the wall with his hesitant hands.

Internal hostility in the form of an order. Supreme Court Judge Mazuz (Photo: Omar Miron)

Manny Mazuz at the Israel Bar Association February 2010 (Photo: Omer Miron)

Once, when dealing with the champions who had ruled, Commander Mandelblit wrote of one of them, "The reputation and rank of it is a matter of severity. The level of expected behavior increases with progress on the scale - chrome rank, so does expectations and so does the depth of the fall. "In other words, a prime minister should expect impeccable behavior even more than one of the ministers; and as he would not allow the next government component to return it to the accused For example, Haim Katz, although it was not explicitly stated that he should not be appointed minister (because the Deri law, which is not enshrined in the law later, requires a resignation but is silent on non-appointment), it is self-evident that the accused is incompetent to form a government. But Mandelblit is silent. Deposition of the prime minister by a defendant, yes or no? Sensitive question. This is not the time to deal with it, it's too early and too late together. Please do not disturb, here are the laws of the soul: who will act as Attorney General.