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The spokeswoman realized that she had nothing to fear, and began the containment battles against the new government - voila! News

2023-01-04T12:05:12.248Z


Rabbi Miara's position at the Deri High Court is the first and important move in a long campaign that is expected in the coming years for the rule of law. Precisely at this depressing point in time, it is possible that on a personal level she is in an excellent win-win situation


In the video: The spokeswoman reacts for the first time to the storm about the appointment of the Chief of Staff: "The decision will be made without foreign influences" (Niv Aharonson)

Almost every legal advisor to the government or the state has a major event that shaped his tenure: Gideon Hausner, for example, will be remembered for the Eichmann trial, Aharon Barak for Leah Rabin's dollar account;

Yitzhak Zamir will be remembered for his moral compass in the Line 300 affair;

Yosef Harish will be remembered for the indictment against Aryeh Deri, and no less than that - his insistence on forcing the Prime Minister at the time, Yitzhak Rabin, to fire Deri from his position as minister;

Manny Mazuz is of course the consultant who signed a series of indictments against senior Israeli officials, including former Prime Minister Ehud Olmert, and former President Moshe Katsav;

Avichai Mandelblit is the consultant of the Alif files and signed the dramatic indictment against the Prime Minister, Benjamin Netanyahu.



When Attorney Gali Beharev Miara was appointed to her position, she had no idea in her heart what her historic role would be. Unlike the legal advisors before her, there was no hot criminal apple on her desk waiting for her to decide, like the Greek Island case (against Prime Minister at the time, Ariel Sharon), waiting to be moved , or like the Lieberman case that was waiting for Yehuda Weinstein. Beharve-Miara did understand that she would be forced, happily or not, to be the advisor during her term of office in which the position of Attorney General would be split.



Sa'ar promised this splitting plan to his constituents, but in practice, upon his entry, he very quickly pushed her to the bottom of the list of tasks His, this is after he realized how legally complicated the achievement of this goal is. Now, almost a year after assuming her position, she is well aware of her true calling - leading a containment battle against the artillery of laws, initiatives, and plans that threaten to destroy the rule of law in Israel. Yesterday, she carried out the first tact in the battle This braking.



It was not smooth.

Although everyone in the Ministry of Justice believed that Deri's appointment to the position of minister was unlikely, among the legal adviser's deputies, different opinions were heard regarding the question of whether the appointment should be defended in the High Court; there were those who believed that not defending the appointment was one step too far. However, Most of the mishnim and assistants thought that the appointment was indeed flawed by extreme improbability, which is exactly the standard established by a series of rulings in Israel, including a ruling that deals with the Baal ha Simcha himself - the Deri-Pinhasi ruling from 1993. Yes, one of Deri's contributions to the civil history of Israel is a line of interesting rulings in both the criminal and constitutional fields that came into the world due to his corrupt actions.



The same ruling from 1993 required Prime Minister Rabin to fire Deri after an indictment was filed against him.

After deliberation, frankly not very long, and after hearing Netanyahu's position on Thursday, the advisor decided not to defend the appointment, and in fact to side with the petitioners in this matter.

The position in the counselor's environment was also based on Deri's specific and unique story, but also on the historical precedents.

She had no idea what her historical role would be.

Beharev-Miara (photo: official website, L.A. Yod photos)

Let's start with the precedents.

There is an automatic tendency of the conservative right in Israel to attribute everything they hate to former Supreme Court President Aharon Barak.

For them, he is the great demon, the father of the constitutional revolution, a legal imperialist.

This is a historical distortion.

The most revolutionary and activist rulings given by the Supreme Court in those glorious 90's were given when Meir Shamgar was still serving as Supreme Court President.

Despite this, somehow, perhaps due to his revisionist past, the label of activism did not stick to him, or as Barak once said: "When I jump into a dry pool, I come out wet. When Shamgar jumps into a wet pool, he comes out dry."



This is what Shamgar wrote in the Deri-Panhasi PSD, when he forced Rabin to fire Deri: "There are circumstances in which the exercise of discretionary authority becomes the exercise of duty.

The failure to exercise the authority in such circumstances can be considered unreasonable in a way that goes to the root of the matter.

The offenses attributed to Minister Deri are exceedingly serious, and the failure to exercise the authority to remove him from his position amounts to extreme improbability." At that time, we were only talking about an indictment, not an actual conviction, meaning that Deri was presumed innocent. Deri is well aware of the degree of lightness and severity - one of the seven dimensions of Hillel the old man. If a fresh indictment required his dismissal, is it not clear that a fresh conviction would require him to do so?



Deri is a scholar, he understood this very well, and this is exactly the reason that before the elections you heard him shamelessly threaten in press interviews that if the court dares to disqualify his appointment, if a hair on his head is damaged, he will work to cancel the reason for reasonableness, the same reason that led to his resignation from the government in the early years of the -90.

The reasonableness ground that Deri threatens to disqualify is indeed an activist ground by all accounts, but it was not invented in Israel.



It was developed in British law and adopted by most of the countries that were under its influence, or control.

The founding judgment in this matter is the Wensbury judgment which stated that "if a decision taken by an authority in a matter under its jurisdiction is so unreasonable that it is impossible that any reasonable authority would ever have made such a decision, then the court can intervene."



In Israel, the cause of reasonableness has been adopted in a series of judgments.

In addition to the Deri-Panhasi ruling, the legal advisor in her answer to the High Court is also based, for example, on the ruling of the mayors from September 2013. Six judges out of seven, led by Miriam Noor against the only dissenting opinion of the president at the time, Asher Grunis, obliged two chiefs A city against which indictments were filed (Shimon Gepso and Yitzhak Rockberger) to resign from their positions, after it was determined that their remaining in office after the filing of serious indictments against them is extremely improbable. There have been other judgments in history in this vein; the last of them, again, was given in Deri's own case in 2015.



This happened when Deri returned from the long cooling-off that the law required him to do to the warm and welcoming bosom of the Israeli government. Judge Ester Hayut, then a full-fledged judge, who faced only Deri's past convictions from the beginning of the millennium, determined that Deri's appointment was very borderline in terms of plausibility and passed only Due to the passage of time since his actions and convictions, the most recent conviction for tax offenses has since been added.

More in Walla!

The legal adviser to the government is expected to oppose in the High Court the appointment of Aryeh Deri as minister

To the full article

Basic Law is personally different for him.

Deri (Photo: Reuven Castro)

The Ministry of Justice sees Deri's tax offense as serious;

It is not for nothing that they did not agree to waive Derai, as part of the plea agreement, on the defamation clause.

The attorney's office then agreed not to discuss the issue at the sentencing stage, due to Deri's agreement to resign from his political activities.

The assumption was that as soon as he wanted to return to the government, the matter of the scandal would anyway be raised before the chairman of the election committee, as required by law. Basic law: the government, so that there is no doubt that he does not have to stand the test of the chairman of the election committee. The change stated that the reference to the chairman of the election committee should only be when the convict has served actual imprisonment, and Deri was punished for his last conviction only with a suspended sentence.



In Deri's response to the High Court, submitted by attorney Navot Tel Tzur, he details at length why there is no dishonor in his actions.

After the elections, Deri disdainfully dismissed the thought that someone would deny him the appointment.

"Everyone understands," he said with the big win, "that the offenses attributed to me are marginal and there is no chance that there is any dishonor in them."

Understand the level of arrogance - if Deri really believed that he had no problem convincing the chairman of the election committee (initially it was Judge Yitzhak Amit, who in the meantime was replaced by Judge Noam Solberg) that the offenses attributed to him were trivial and therefore there was no dishonor in his actions, why did he follow the destructive path And this tedious one that included changing a basic law in a personal way that is special for him.



After all, it is clear to him that if the chairman of the election committee had really determined that there was no dishonor in his actions, he would have solved the problem of reasonableness anyway, because what is the chance that judges will determine that his appointment is not reasonable, if their colleague determined that there was no dishonor in his actions. The truth is different and very simple : Deri understood very well that he was in a problem. This problem was made clear to his lawyers, during the negotiations on the plea agreement, by Dr. Hagi HaRosh, the senior assistant to the Legal Adviser to the Government.

Unfortunately for Deri, Harush did his doctorate on defamation in criminal law, and his opinion was firm that Deri's offenses even after the diet that went through the plea deal are defamation.

Market Deri as a responsible adult.

Netanyahu at the cabinet meeting, yesterday (Photo: Reuters)

On the way to the Hall of Fame of the Defenders of the Land

Netanyahu's answer to the High Court is interesting. In addition to the legal arguments that were impressively reasoned as usual by attorney Michael Rebelo, there was also a subtext - a hint to the High Court judges. , wisdom and responsibility, and it is important to him that he serve as a minister and member of the security cabinet in his government, where he will be able to make an impact with his extensive experience and skills." the various Israeli governments since the beginning of the 1990s (to spend his days in prison and during the cooling-off period). The assumption of senior members of the coalition that I spoke with is that tactically the High Court judges would prefer not to start their containment wars too early, and that if anything they would prefer Deri as a balancing factor within the government , not only in the security issues but also in the legal issues.



This assessment is wrong in my opinion.

The 11:0 verdict, which rejected the petitions that sought to establish that a criminal defendant cannot form a government, is the winning proof that no gift will satisfy the appetite of those rushing with the D-9.

There is no hint in this statement that that judgment was intended to appease those who seek to destroy the system, but even if we assume that this was the intention of its authors, it is clear that it failed.

Even if we assume that the judges consciously, or subconsciously, have a strategic view regarding the choice of their battles, it can be assumed that the judges understand that the war in the coming years will be a war of attrition, in which one must not blink for a second.

Every blink will be immediately perceived as a demonstration of weakness, and as an invitation to another kapa.



The legal advisor already signaled yesterday and today that in the coming years she does not intend to fall asleep on guard.

This is an important message.

She is subject to threats of violent dismissal from Netanyahu's eunuchs in the Knesset and the media, to an impossible mask of pressure, to unfathomable rapacity, and yet she now makes it clear that as long as she is there in Saleh al-Din, she will not cooperate with corrupt moves and plans of destruction.

She is opening the containment battles on the right foot, even if her stance on the Deri matter may precede the following battles - the realization of Deri's threat to cancel the reason for reasonableness, the enactment of an overriding clause for administrative decisions as well, and possibly her dismissal from her position.



The truth is, and Rabbi Miara understands this very well, that precisely at this depressing landmark in the history of the rule of law, she has nothing to fear, and in fact on a personal level she may be in a WIN-WIN situation.

If indeed the government of Israel dares to fire her, the senior gatekeeper in Israel, due to her standing against corrupt moves and the dismantling of the legal system, she will enter the hall of fame of the defenders of this land, and if she nevertheless stays and succeeds in stopping even a part of the destruction plans, even then she will win the entrance ticket to that hall really.

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Source: walla

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