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The proper charge in the 1,000 case is bribery Israel today

2022-07-14T19:38:25.236Z


Ganz inflates muscles in front of Lapid and Saar dislikes Netanyahu, but what's the plan? • The prosecution in case 1000 is invited to recall section 184: a defendant may be convicted of facts that did not appear in the indictment


It is hard to forget how Gideon Saar stood on the principles of the national camp, in the face of the treacherous turn that Ariel Sharon made in displacing Gush Katif under the false nickname - "disengagement".

In contrast to Benjamin Netanyahu, who voted in favor of deportation and displacement, Saar always stood firm.

Saar later vehemently opposed the establishment of a Palestinian state, even when Netanyahu agreed to its establishment twice.

He also initiated the enactment of an overruling clause to curb the High Court's ability to repeal laws, with Netanyahu "archiving" the idea, as part of the Iron Dome he granted to the High Court and the State Attorney's Office.

Hadas Klein, Photo: Olivier Fitoussi / Flash 90

Bnei Gantz, on the other hand, is following in the footsteps of Peres and Rabin, in the bad sense of the term.

He clearly supports the Oslo Accords and in practice functions as the left-wing marker of the current government.

He eagerly promotes the affairs of the Palestinian Authority, and only now has he provided the Palestinians with invalid and painful "gestures."

Ganz also wanted to form a coalition based on the votes of Ahmad Tibi and Ayman Odeh, in the third round of elections, and was blocked only by Yoaz Handel and Zvika Hauser, who received his eternal resentment over it.

Bnei Gantz is a successor to Peres and Rabin, a clear supporter of the Oslo Accords and a left-wing marker of the current government.

Promoting PA affairs eagerly, and only now providing the Palestinians with invalid and painful "gestures"

Still, Bnei Gantz is a Zionist patriot and certainly not unfit for a coalition partnership, if we ensure that the coalition we form with him will move in the right direction.

But whoever builds a common list with him may paint himself in Gantz colors, gnawing significantly at his own ideological weight.

Gideon Saar's current ideological starting point is that the greatest danger to the State of Israel today is Netanyahu's return to prime minister.

He believes that only the connection with the current defense minister will torpedo this danger and that he can separate forces at any time, if he notices that the new partner is pulling in dangerous directions.

But even in the realm of political rationale it is difficult to understand the fresh pairing.

One could even argue that the connection with Ganz is a kind of raising a white flag on the part of Saar.

The man who came out against Netanyahu within the Likud and was supposed to bring Likud members' votes to his justified independent framework.

Until now, Netanyahu's witchcraft has made it very difficult to bring in the Likudniks, and the marriage with Ganz will be even more difficult.

Not to mention the wet dream of attaching Gadi Izenkot in second place.

After all, Izenkot is considered a clear follower of the Palestinian state, a clear opponent of the ideas of the national camp.

So which ideological camp will the United List belong to?

He who is not in every fact and evidence must restrain the decisiveness of his analysis, but in the hands of the judges is everything.

The law does not allow Milchen to be prosecuted in this case, but Netanyahu's indictment in the 1000 case can be converted into a bribe

The flowers to the adviser

Beyond ideology, it is clear that the essay is a product of peppered political planning, but what exactly is the plan?

From Ganz's side, the intention is to build muscle and present a larger party, in front of Lapid.

But the most likely scenario, if no bloc achieves 61, is actually an attempt to formulate a formula with the ultra-Orthodox and the Likud, in order to place Ganz as first prime minister, with Netanyahu as deputy prime minister - second in line.

Saar believes that there are other scenarios, without Bibi, but it is difficult to see them on the horizon, without Netanyahu retiring or signing a plea agreement.

And yes, there is the matter with Yoaz Handel, who found himself out because of Gantz's connection with the common and because of the hostility towards him from the ultra-Orthodox side, because he smashed their kosher phone bakery.

Well, Handel deserves two medals of honor, not vomiting from the list.

The controversy that prevented the unification of Saar and Ayelet Shaked and led to the new hope for blue and white is tactical - yes or no disqualification of Netanyahu at any cost.

But the tactic became a super-strategy and ideology.

And the question is how will this move be digested by the ideological right-wing voters, who are not dying for Benjamin Netanyahu, but are very reluctant of the Bnei Gantz perceptions.

If, in light of the New Testament, they do not sharply prefer Ayelet Shaked's perception.

The return of the bribe clause

After another week in Hadas Klein's testimony in the Jerusalem court, at the end of two days of aggressive cross-examination, it seems that the predicament that Benjamin Netanyahu found himself in at the end of the main investigation did not really improve, perhaps the opposite.

Against this background, it is time to recall two sections of the Criminal Procedure Act - 184 and 186, which make it possible to convict a defendant of facts that did not appear at all in the indictment.

Even convicting him of a section of law, like bribery, that was not raised at all in the indictment.

The power to bring about such a dramatic move is vested in the judges, provided that the facts have been proved in court and the accused has been given a fair opportunity to defend himself against the plot twist.

The courts do not often use these sections, but they have been confirmed even in the cases of Ehud Olmert and the Holyland defendants, in appeals to the Supreme Court.

Section 184 makes it possible to easily cure the falsifications of the claim, which did not include in the indictment in the case 1000 horribly expensive jewelry, coats and other goods specified in detail in Klein's testimony in court.

By the way, the same clause allows the judges, even in the 4000 case, to overcome the ambiguity regarding the date of the famous directive meeting, if only they will be convinced that it did take place.

It's just that the main meaning of these sections of the law concerns bribery in the 1000 case, which is deliberately referred to as the dwarf - the "gift case".

Because after nearly two weeks of testimony, it is difficult not to understand why senior prosecutors urged Avichai Mandelblit, the former spokesman, to accuse Netanyahu of accepting bribes, in his relationship with Arnon Milchen. , Naturally gets the title of bribery.

This serious essence explains many behaviors of Klein, of her boss, of the researchers.

She teaches why Klein was so stressed and hid her testimony from her employer - Milchen.

Because the facts cry out for Milchen's own guilt, seemingly of course.

Anyone who provides a line of expensive goods for such a long time, on demand, and is not the mother of the defendant, does so only to receive consideration.

Or a concrete exchange that is known for what it was, or a proximity to the prime minister and a potential exchange, the so-called "send to your brother-in-law."

Avichai Mandelblit made an easy life for himself when he chose to pledge to Milchen that he would not be prosecuted, a pledge that also resulted in the omission of the bribery clause.

It was so easy to accept his and his employees' cooperation, and it is possible that he also reminded Milchen of the good deeds he did for the country.

But, on the face of it, the story of the act seems solid and clear, and is apt for the offense of bribery.

There is no doubt that one who is not in every fact and evidence must qualify the decisiveness of his analysis, but in the hands of the judges is everything, and it seems that after Klein's testimony the possibilities afforded by the law for such a situation should be examined.

The law does not allow Milchen to be prosecuted in the current case, but does allow Netanyahu's indictment in the 1000 case to be converted into a bribe, the clause that seems appropriate in the circumstances of the case.

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Source: israelhayom

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