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The mission of the official corruption commissioner - voila! news

2023-01-19T04:10:40.619Z


Yesterday's verdict proved that in order to smell corruption and detect lies it doesn't matter if a judge is conservative, liberal, activist, religious, secular, leftist or rightist. The judges followed parallel paths but arrived at the same point. The message conveyed by the judges: in the campaign for democracy, they do not intend to show weakness


The Prime Minister, the Council of Torah Sages and members of the coalition arrive at Aryeh Deri's house after the announcement of the verdict (Roni Kanfo)

Sometimes it seems as if Aryeh Deri has taken on a historical role, and the reference is not to his historical role in the Shas movement which he leads with criminal breaks for many years, but to his historical role in shaping the legal, moral and public norms in the history of the rule of law's dealing with Israeli corruption



. Misty can be thought of as having been sent to this position. Here is a summary in a nutshell: Deri was the first minister to be indicted for a serious offense, and thanks to this the precedent known as: the Deri-Panhasi rule was recorded, which required prime ministers to fire ministers and deputy ministers with serious indictments. Due to the fact that Deri He allegedly tried to take over the general prosecution in Israel for his personal legal interests (the Bar-On Hebron affair), the blessed search committees were created for the appointment of the attorney general. And the last chapter yesterday - a verdict of 11 judges explicitly states that the appointment of a person who has been convicted three times to the position A minister in the government is an appointment that is extremely improbable.

Absurdly, his corrupt activities accelerated the pace of rulings designed to prevent corruption.

Aryeh Deri (Photo: Flash 90, Yonatan Zindel)

Absurdly, it seems that if it weren't for Deri's extensive corrupt activity, the pace of laws, rulings and committees designed to prevent governmental corruption would have been significantly slower in Israel.

Borrowing, I would call Deri's historic mission: the mission of the official in charge of governmental corruption.



But yesterday's resounding verdict is much more than that - it clearly signals to Levin's opponent, those who seek destruction and the fighters of the D9, that it does not matter if a judge is an activist, conservative, liberal, religious, right-wing or left-wing, if he is honest in heart and path, he will immediately recognize the smell of corruption and the color of lies.

Each of the ten judges of the majority smelled the corruption well and recognized Deri's lies and fraud throughout his legal conduct in the plea settlement case for the tax offenses.

More in Walla!

Deri experienced firsthand the limitations of power, precisely at the height of his political power

To the full article

Clearly the line has been crossed.

Court President Esther Hayut (Photo: Flash 90, Yonatan Zindel)

Yesterday the High Court of Justice divided into two interesting groups - the group of reasonableness and the group of motives. The leader of the reasonableness group was President Ester Hayut. Her text flowed easily and almost as a matter of course in light of her previous ruling from 2015 which stated at the time, based only on Deri's old convictions, that his appointment is borderline in terms of The plausibility. If it was borderline then, she wrote yesterday, it is clear that now the border has been crossed.



"This is a man who was convicted three times for offenses committed during different periods of his life," she explained, "and for acts he committed while holding senior public positions, in violation of his duty to serve the public faithfully and clean hands and serve as a personal example for him.

In each of his convictions, his actions, in practice or by force, damaged the public purse and he was sentenced to prison (both in practice and on probation).

It is therefore possible to point to a repeated pattern of violation of the rule of law in Deri's conduct."



Similar and poignant things were also written by the judges who joined the "probability group": Amit, Fogelman, Baron, Kabob, Willner and Grosskopf.

Judge Wilner, for example, a religious judge appointed during the time of Minister of Justice Ayelet Shaked, mentioned, among other things, the words of King David: "Whoever will ascend the mountain of God and who will stand in his holy place: clean hands and a pure heart, who has not carried his soul in vain and has not listened to deceit (Psalms 20) 4 (3-4)". She clarified that her principled approach is very restrained in the area of ​​the use of the reason of reasonableness, but that even her restrained approach could not account for Deri's sequence of frauds and corruption. "The eligibility conditions for the office of minister, as worded in the aforementioned amendment," Wilner explained, " were sewn up and flexed in order to shock the extent of Deri's criminal past. In these unusual circumstances, the ground is dropped under the central justification for the approach that tells us to exercise special restraint when exercising judicial review of decisions of the type in question."

Maybe before Rival Levin and Simcha Rothman run to cancel the reason for reasonableness,

The verdict clearly signals to him.

Minister of Justice Yariv Levin (Photo: Knesset Spokesperson, Dani Shem Tov)

The argument of judicial silence and motives was put forward by attorney Dafna Holtz Lachner, who represented one of the groups of petitioners. At first, it must be admitted, this argument did not receive much attention, but from the moment the hearing began it was clear that a group of judges led by Judge Barak Erez showed great interest in it While the Hayut group, Fogelman, Amit, Willner and Baron believed that there was no point in discussing the motives, due to the fact that it disqualified Deri for plausibility anyway, the Barak-Erez group believed the opposite:



"I believe that the order of things is different," Barak-Erez wrote, "In my opinion, Deri is precluded from accepting a kosher office. This obstacle is based on more fundamental principles of public law, and in fact of law in general: duties of fairness and good faith, and their specific application in the circumstances in which a person presents to a judicial tribunal a representation that yields him a benefit. This representation is the basis for determining that the motives of a future denial of its content and an action against him apply to that person. In any case, a decision based on the reason of reasonableness, and not least on the basis of constitutional arguments, is not required. It can therefore be said that in many respects my opinion begins where the opinion of my fellow president ends."



In simple words, Barak-Erez explained that the false representation presented at the Magistrate's Court, according to which Deri intends to retire from public life, and subsequently his evasion of the question of whether there is disgrace in his actions, are what create a legal obstacle for Deri to present another representation before the High Court, and this even before the grounds of reasonableness are examined It was easier for Judges Stein and Mintz, two judges who are considered conservative, to join this path than the path of reasonableness. Judicial silence and legal motives are fundamental principles in all branches of law, and although they are the makers of rulings and not the makers of the law, they are not considered activist tools for judges.



To describe his presentation Deri's falsity, Mintz quoted Maimonides: "It is forbidden for a person to lead himself with smooth talk and seduction. And there should not be one in the mouth and one in the heart but in his heart and the matter in the heart is what is in the mouth [...] and even one word of seduction and plagiarism is forbidden, but The language of truth and a true spirit and a heart pure from all labor and existence."

"The one who understands will understand", Mintz summed up the context.

Deri's misrepresentation creates legal obstacles.

Judge Dafna Barak-Erez (photo: official website, Shlomi Gabai)

It seems that the motives and the judicial deadlock are what finally closed the door to Deri's return to the government, since even if somehow the coalition carries out Deri's threat before the elections and cancels the reason of reasonableness, the reason of the judicial deadlock and the motives even Levin and Rothman will not dare to cancel.



Two of the judges, Grosskopf and Kavov, joined both teams - both the Hayut team and the Barak-Erez team;

And here we come to the minority opinion of Judge Elron.

His opinion is unusual.

From her reading one gets the impression that on the one hand Elron chose a conservative path, since unlike his colleagues he avoided disqualifying Deri on the grounds of extreme improbability;

On the other hand, he actually produced a super-activist ruling without a law and without a ruling that he could rely on.

Elron decides to keep the appointment in place, subject to the Prime Minister contacting the Chairman of the Central Elections Committee, so that he can examine whether or not Deri's actions are scandalous.



When you think about the chain of events, Elron's construction is puzzling: after all, the Shas-led coalition changed the fundamental law: the government, especially for Deri, when it added that the duty of a person convicted of crimes to appear before the chairman of the election committee regarding the question of disgrace will only be fulfilled when he is sentenced Imprisonment in practice, and not any prison sentence (which, according to the interpretation of the legal adviser to the government, also includes a suspended sentence).

Since Deri was only convicted of a suspended sentence, it is clear that the personal law, which was tailored especially for him, rescued him from this status.



Judge Elron, like his colleagues, refrained from deciding that the basic law that was enacted was invalid, and despite this, in order to resolve the complication, ordered Netanyahu to address Deri's case to the chairman of the election commission. Why? By what authority? After all, Deri and the coalition repealed the law. Elron created a strange mix Between conservatism and activism - to escape from activist rulings, he made super-activist rulings.

To escape an activist ruling, he made a super activist ruling.

Judge Yosef Elron (Photo: Eran Gilvarg)

It was recently published in "Globes" that Elron sees himself as a candidate for the presidency of the Supreme Court with the planned abolition of the seniority system.

This publication is particularly interesting in view of his minority opinion in the Deri ruling.

It will be clarified right away that there is no claim, God forbid, that Elron wrote what he wrote to please Levin, but there is no doubt that his ruling, even if it was not for that purpose, improved his starting position for the position, especially in light of the fact that, according to the same publication, he is the only judge who is willing to present his candidacy and skip the veterans from him .



Beyond the Deri drama, yesterday's verdict may have dramatic consequences for the exhausting war of authorities that we expect in the coming months around Levin's destruction plan.

Although the judges refrained from ruling on the basic personal law that was tailored for Deri, they explained that the avoidance stems from the fact that they disqualify Deri anyway, and if that is the case, as much as they can avoid putting their hand on fire and interfering with basic laws, they will refrain.



However, from their texts it was absolutely clear that the world is never resilient and as soon as basic laws violate the basic principles of democracy, they are invalid.

In the coming weeks, the Knesset will increase the pace of enacting a basic law: the new judiciary, which will transfer the selection of judges to the political level, will eliminate the reason for reasonableness, and will land an aggressive enhancement clause with a majority of 61. As soon as these amendments to the law are passed, it is clear that petitions will immediately be filed with the High Court against their constitutionality. High Court judges may enter into the fight of their lives here.



Of course, not every one of the judges, who disqualified Deri yesterday, will necessarily intervene in Levin's changes;

However, one message came through clearly yesterday from Givat Ram: in this campaign - the campaign for the strength of Israeli democracy - the judges of the Supreme Court do not intend to show weakness.

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  • Aryeh Deri

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  • Esther Hayut

  • Shas

Source: walla

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