The Supreme Court struck and bruised the battle it waged over the appointment of the State Attorney's Office • Now it is clear to everyone that behind the front of the "principles of the system" - a position of lust for power • Interpretation

• Attorney Dan Eldad // Photo: Ministry of Justice spokeswoman

Acting Appointment Acting State Attorney by Justice Minister Amir Ohana has also brought an unusual move to the most ardent jurists of the judiciary, to criticize Attorney General Avichai Mandelblit's conduct.

Let's start with the law. Former State Attorney Shai Nitzan expired on December 16, 2019. By law, anyone who can appoint an alternate is the Justice Minister in consultation with the Civil Service Commissioner.

The Attorney General, without any basis in the law, demanded that Minister Ohana appoint his nominee, Adv. Lamberger, and determined that any other appointment would be unlikely to be a legal impediment to the appointment.

Too often in the past, ministers and elected officials have faced such overbearing and lawless behavior on the part of the legal advisers and have surrendered or preferred to come to silent consents, but Minister Ohana, knowing that the law alongside him, as well as logic, announced that he would use his authority and appoint the person he deemed most suitable for the job . Initially, Amir Ohana appointed Attorney Orly Ben-Ari, but after a few days of a major media attack, between colleagues in the State Attorney's Office and a petition to the High Court, Ben-Ari announced that she was resigning.

More on:

• The Court has withdrawn its opposition to the appointment of Attorney Eldad to the State Attorney General's Office

• Third time: Conflict between Minister Ohana and President Mandelblit

• The prosecutor's office wanted "one of ours"; The Justice Minister made it clear to them that the celebration was over

This week, Ohana appointed Attorney Dan Eldad to act as Attorney General. The Court addressed a letter to the Attorney General's Office and again, in violation of the law and contrary to any normal administration's norm, appointed his Minister and Attorney General, but announced that he would not oppose his appointment. To the State Attorney.

The same "legal impediment" that Mendelblit had previously known, and the same "legal norms" that prohibited the appointment of a state attorney by a political rank as opposed to the Judiciary position, disappeared as soon as the Judiciary decided, for political reasons, to give up the fight with Ohana From the mud led by Mandelblit with Ohana, the Court emerged battered and bruised, with the public's confidence in it and the purity of its considerations at a low level, while Minister Ohana came out in a clean, clean and even sweaty suit.

For everyone, it is clear that behind the front of "legal prevention" or "the basic principles of the system" is hiding the rule and ego of the judiciary, and behind the talk of values, the protection of the minority and democracy lies the fundamental human truth that power corrupts and utterly destroys power.

Jabotinsky wrote of the notion that government and government power are a necessary evil, the lessons of the French Revolution: "If it is necessary for someone to be entitled to rule, then it is better to be the majority and not the minority." We would all prefer that in the State of Israel today there was a functioning government and the Minister of Justice would be in office by virtue of the Knesset's confidence in the government. But whether it is better to appoint the attorney general is Ohana who is up for election or who has never been up for election and will not stand, like Mandelblit, democracy and the rule of law are on Ohana's side.

It is to be hoped that the incoming State Attorney will take advantage of the months at his disposal, and that Minister Ohana will embark on a process of restoring public confidence in the prosecutor's office. The lust for power, the lack of transparency, the rejection of criticism and the struggle of the elected officials led the judiciary to decline. It's time for a fix!

Attorney Simcha Rutman is the legal counsel for the governorship movement