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12.02.2023

The far-right fanatic's of 2023 want David's kingdom in the West Bank, without the High Court, and are moving towards it on the backs of the Mizrahim: Deri will agree to save Israel in exchange for a pardon

עיתון בין אויבים

A newspaper among enemies

A senior source close to Aryeh Deri told us this week that the legal system shot itself in the foot, since after it pushed out the moderate element in the government, namely Aryeh Deri, there is no one to protect the judiciary now from the upheavals that the extremists are planning for it.

The source reiterated that he did not speak with Aryeh Deri about this, and his words are not a quote from Deri's words; But from our knowledge of the party, the Holy Spirit is on it, and words on behalf of the chairman, even when it was said that they were not spoken on his behalf, would not have been said in any way unless the speaker was convinced that Deri would have agreed to them, therefore it must be assumed that if the president of Israel, for example, wanted to grant Deri a pardon In exchange for rescuing the legal system from the hands of the fanatics, Deri will probably accept the president, or in the language of Israeli politics, accept the sentence of the movement; And it should be said, the pardon procedure for Deri is a complex legal procedure, because the verdict in his case is final, and therefore legal procedures that are based on the procedures accepted in the courts, are almost impossible, including a pardon from the president, which according to the law is preceded by a legal procedure, for example the transfer of the application to the prosecutor's office. On the other hand, a public move that would be sponsored by the president and with broad public agreement (even if not necessarily defined in the constitutional sense) of the three authorities, could give rise to a precedent-setting amnesty for the criminal who holds the fate of Israel in his hands.

Therefore, the question is whether we should reach a deal with Aryeh Deri, and in return receive our public life back as a democratic nation that seeks freedoms (?) (Whoever doubts this retroactively with the argument that even before the current crisis there was a deterioration in personal freedom, we are completely with him/her). And above all, that no one will touch the judicial system, and the democratic regime.

Before we answer this question, we will try to describe the plot, against the Israeli public, which the extreme right creates, a plot which is based on the deepest Israeli social crisis, which is considered the main driver of Israeli society: the crisis between the East and the West in Judaism, or by its familiar name, the crisis between Ashkenazim and Mizrahim, a crisis that began with the Ashkenazi racial attack against the communities of the Mizrah from the mid-nineteenth century to the present day, and which continued with the value destruction of the angry Mizrah, which was expressed in the backward-biased vote to the right starting with the political upheaval in 1977.

And this, in our opinion, is the conspiracy: the extreme right wants to establish the Kingdom of David in the West Bank. The extreme right cannot do that in the current legal/regime structure. And therefore, his preliminary course is to tattoo the judiciary, initially to weaken it vis-à-vis the government, and in the future, to completely abolish its independent status. The fanatics of 2023 wanted to achieve this preliminary move with the support of the biased votes of the Mizrahim in the ballot box. As we know, they have already achieved this. Now comes another stage, which is the exploitation of the political power of the East in the coalition, this time through Aryeh Deri, who has the power to move the political East as he wishes, for the first legislation on the way to the regime coup. Here we should incorporate again as a reminder the quote from Deri's close associate, who basically said that if Deri had not been thrown out of his office by the Supreme Court, then as a

 moderate politician he would have prevented the extreme right's move to weaken the judiciary. In addition, last week we brought here the story of the outrage of the close associates of Rabbi Ovadia Yosef, who said that Aryeh Deri is acting against the teachings and rulings of Rabbi Ovadia Yosef Dina Damalkuta Dina, to show you how much Aryeh Deri is now acting contrary to his beliefs (as a "moderate politician") and the beliefs of a founder The movement and its moral leader, Rabbi Ovadia Yosef, to extricate himself from what he sees as the legal impasse in his case.

But Rabbi Ovadia is not here, and only Arie Deri is in the arena as the sole control of Shas, and currently Arie Deri is in favor of the legislation against the judiciary, as this is the only way to return him to the government, through the alliance with the fanatics. Since there is a good chance that even legislation that would reinstate him as a minister would not help Deri since the Supreme Court would reject it, Deri would probably prefer to end the matter in a safe way through the President, without risking the Supreme Court's ruling again, and is therefore open to suggestions. This is the true and distilled meaning of the words of the Shas senior quoted above.

The fanatic Smotrich is taking advantage of the moment of grace that has fallen to him and tightens the siege on the judiciary, and along the way binds Netanyahu to the task, and touches on the prime minister's sensitive point, his trial, as this is how Smotrich was quoted this week: "The High Court's decision not to reject outright the The petition to declare the Prime Minister's impeachment is the best proof of the necessity of the reform we are leading. The very discussion of thwarting the voter's decision and the will of the people is a mega-attack on Israeli democracy and another low point reached by the supreme judges.' And this he said about a completely normal, procedural move by the Supreme Court in relation to the petition that was submitted.

Smutritz placed MK Rothman on the Constitutional Committee, a zealot with a broad legal education, and himself in the position as the ruler of the Civil Administration in the West Bank, a position that will take on its full meaning that is clearly contrary to the Israeli democratic order, when the judiciary will be weakened. In the meantime, Netanyahu is not stopping the extreme right or the The Likud extremist. It is possible that he is also waiting for a deal, and as a hint of this he placed Minister Amsalem in the Ministry of Justice this week, a hint that he can split the ministry, and any political move he chooses according to his will and goals.

Is this a plot planned for the next decade? You made the extremists laugh. They look back 3100 years, so what is a decade for them? It is possible that only the weakening of the legal system will take a decade or more. In this sense, perhaps the Israeli public should consider outlawing the fanatical movements of Smotrich and Ben Gvir. But for this to happen, first, an upper house of electors must be established which will bring this public to political expression and put in its hands the tools to protect Israeli democracy. Currently, none of the authorities have such tools.

Here we previously wrote about Beit Atseret Am, a supreme elected house, and an ethical authority, alongside the Knesset, as a legislative authority. This House as the representative of the public, about which we have been writing for almost two decades, is in our view an important lesson also from the current constitutional crisis. In the coming days, therefore, the newspaper will work to establish a public council that will lead to the establishment of Beit Atseret Am, the Upper House of Representatives.

Well, should we make a deal with Aryeh Deri? No. But doing a deal with Aryeh Deri and Binyamin Netanyahu together and separately yes. Let's recall the pardon that President Richard Nixon received in September 1974 to save America from an embarrassment and perhaps even a constitutional crisis, by prosecuting him in court after his impeachment (Nixon himself prevented his impeachment when he resigned).

Equally, to save the heart of Israeli values ​​of most of the Israeli public, the democratic regime in Israel, and to bring Israel a future of freedom and peace, in our estimation it is worth reaching a deal with Netanyahu and Deri. A pardon through the president, but not through the usual and accepted legal procedure, which is almost impossible, but a precedential pardon that fits a precedential reality that threatens the Shibat Zion enterprise. This will bring us all to a new era, in which the remnants of our innocence will indeed be lost forever, after Israel surrenders to the criminal and the accused. On the other hand, such a deal will stop Israel from falling into a dictatorial regime whose end is without a doubt the destruction of the Third Bait and the destruction of the dream of returning to Zion. Such a deal may even pave a historic path for inter-sectarian reconciliation between the Ashkenazi public and the Eastern public, a change that will shift the social drive in Israel from the struggle between East and West, to cooperation between them.

Avraham Ya'akov, our legal commentator, vice president of the Central District in the past: amnesty only in exchange for parting

Without analyzing in depth, the set of proposals that appear in this week's opening article, I will only point out that a full amnesty, as proposed here, will be granted only in exchange for removing the accused and the criminal from public life. Unlike the plea deal with Deri, this time this commitment should be clear and unequivocal.

If amnesty is not conditioned on removing Netanyahu and Deri from public life, it will be a reward for the perpetrators of injustice and conclusive proof that through political power it is possible to evade justice. But the law is equal for all, and political power does not have a dominant position in the court or any advantage over others in the law.

There is a precedent for a full amnesty which did not go well. It was the father of the current president who granted a full amnesty to the members of the Shin Bet even before an indictment was filed.

At that time, no one granted the amnesty by removing them from public life because the candidates for amnesty were not politicians. But later one of them was elected to the Knesset. It was Ehud Yatom and he was elected on the Likud list. From this error, we can learn that any way back to political/public life must be closed in front of the people who received amnesty for offenses of deep public significance, in significant public processes.