EXTRA: Netanyahu Government Forges Ahead with Legislation Undoing Democracy

PM Netanyahu seems committed to pass legislation which will severely weaken, if not destroy, democracy in Israel.

Among the 160,000 protesters in Tel Aviv last Saturday night was Jakob Frenkel, Governor of the Bank of Israel from 1991-2000. He currently serves as chairman of JP MorganChase International.

Speaking to the crowd – but clearly addressing Netanyahu personally - Frenkel said: “Only you have the power to prevent a slide into the abyss. Stop the craziness now and recalculate the route.”  

PM Netanyahu would call Frenkel an anarchist and leftist. That’s what he calls everyone who opposes his legal “reforms.”

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Life in Israel is surreal. Daily routines continue. People go to work, school, meet friends and family, exercise, plan holidays. Because that’s what we do in times of crisis. We carry on.

Joe and Jane Q Public are overwhelmed with the pace of change, disruption caused by constant protests and confusion.  And the puppet masters in the coalition government, primarily Religious Zionist’s Simcha Rotman, chair of the Constitution, Law and Justice Committee and Likud Minister of Justice Yariv Levin are doing all they can to distract from the significant progress they are making in implementing their “overhaul” of democracy.

Meanwhile, the putative leader - PM Benjamin Netanyahu - appears to have lost control of his government. His preferred metaphor in recent months has been that he’s the driver of the bus with his hands firmly on the steering wheel.

Not anymore.  Netanyahu has been sidelined. He no longer calls the shots.

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Prior to President Isaac Herzog announcing the release of his “People’s Outline” on prime-time television last Wednesday, Netanyahu met four times that day with Justice Minister Yariv Levin. Informed speculation is that he was imploring Levin to slow down the pace and show some willingness to discuss his radical and highly controversial judicial “reform” package with the Opposition.

Levin is number 2 in the Likud hierarchy, and he has Netanyahu in a corner. He has been possessed with an animus regarding the Supreme Court and justice system in general for more than 20 years. Levin is not going to squander this golden opportunity to undo liberal democracy and judicial independence with his quite sinister “reforms”.

Netanyahu, on the other hand, is thought to have been quite prepared to soften his rigid insistence on ramming through the reforms. He’s under enormous pressure, domestically and internationally. And, by nature, he tends to prefer compromise in such spots.

But, if he changes course then Levin has threatened to resign. Should that happen, Netanyahu fears the fall of the government, meaning that he will have to face the music with his corruption trial. And his destiny (in his mind) – to lead Israel – will come to an abrupt end.

So, within minutes of President Herzog’s address to the nation – which was meant to offer a starting point for negotiations, in order to avoid – as he said – the very real possibility of civil war, Netanyahu gruffly dismissed any possibility of compromise.

Nothing, he growled, would stop this government from “strengthening democracy”.

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Following a raucous few days last weekend throughout Israel, with anti-government demonstrations involving hundreds of thousands, and the arrest of more than ten elite combat reserve soldiers, turmoil and anxiety are widespread.

As is determination. On all sides. This is, after all, a nation of stiff-necked people.

The majority of Israelis are focused on the legal “reforms.” But, as the cliché goes – and for good reason – the devil is always in the details.

And some very important details are contained in the Bills being rammed through the Knesset in the next two weeks that, for all intents and purposes, lay the foundations for the regime change promoted by Netanyahu and his coalition partners.

Priority #1 - The Public Service Bill (Gifts)

Officially, it is called the Public Service Bill (Gifts).

This Bill will make it legal for all MKs and public officials to receive any gifts, of any value, from anyone that are “necessary” either to finance legal or medical expenses.

And, it is being fast-tracked in order to relieve PM Netanyahu of any requirement by law (currently) to repay various donors who have assisted with his significant legal bills incurred in recent years.

There are two concerning aspects of this Bill. It is clearly tailored to allow Netanyahu to legally take the position that he will not be required to repay any such contributions going forward. Whether the Bill is effective retroactively is unclear.

As well, it is just a really weird Bill. Israel has a superb state-run health care system to which all MKs and public officials will have access. Exactly why they would be pushed to accept donations or crowd fund for such purposes is curious, at best.

But most troubling, frankly, is that in the midst of extreme domestic unrest in Israel as well as a significant uptick in terrorist violence, that this issue registers as a priority on the legislative agenda.

Priority #2 – The Deri 2 Law

Aryeh Deri is the head of the ultra-orthodox Shas party, which commands 11 Knesset seats. He is a recidivist criminal with convictions for corruption and tax related offences. Nevertheless, Netanyahu appointed Deri Minister of Interior and Health.  Because one huge portfolio is not enough.

The Israeli Supreme Court quickly declared Deri’s appointment to be extremely unreasonable, fundamentally due to his sketchy moral compass and the fact that several judges found that he had outright lied to judicial officials during a sentencing negotiation one year ago.

Interestingly, as much as this coalition loves to go on about how left wing the Supreme Court judges are, it was two right-wing judges who expressed the most unqualified disgust with Deri.

But, this government will not be stymied by the Supreme Court. They have stated repeatedly that they will “override” any decision of the Supreme Court with which they disagree.

And so, this coalition disagrees with the decision to block Aryeh Deri from assuming ministerial responsibility. And so, the Deri 2 Law (his second try) will overrule the previous Supreme Court objection to his appointment.

Law, morality, process; these are all nuisances to this government. They’ll do what they bloody well please.

Priority #3 – Judicial Appointments Bill

Justice Minister Yariv Levin is also jamming through the Knesset in the next two weeks a Bill stating that the political representatives of government shall be solely responsible for appointing all judges in Israel – from the lowest levels of the judiciary to the Supreme Court of Israel.

Levin has made a point of stating that should the Supreme Court presume to strike down any of these new laws, that the Knesset will override their “authority”. On Tuesday he reinforced this comment, saying that he will consider any Supreme Court action regarding this Bill to cross a “red line.”

Sounds to me like a thinly veiled threat against the judiciary.

Also on Tuesday, Dudi Amsalem, a Likud MK, stated in the Knesset that, in due course, there will be inquiries and investigations into the protests and protesters. He very clearly stated that some would be prosecuted – specifically mentioning the current Chief of Police for Israel. A direct threat. By an MK. For real.

That doesn’t sound terribly democratic to me. Threatening protesters and law enforcement with some sort of prosecutorial response?!?

In other words, this government is moving with militaristic focus and determination to lay the legal foundations to ensure that they will have total control over everything. Before the Passover holiday.

Absolute power. Because, if they don’t like something they will just pass a law overriding everything, with impunity. Their contempt for the Supreme Court is incomprehensible. As is their disdain for the liberal democracy.

In the meantime, they’ve thrown up a smokescreen, saying that they’re going to “slow down” the frenzied judicial reform legislation until after the Passover holiday, which is in early April.

But that’s just a diversionary tactic. They are doing nothing of the sort.

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The government, like the people of Israel, is tired.

More importantly, polls confirm that most Israelis do not support these “reforms” – including many Likud voters.

Furthermore, there are signs of a brewing revolt in Likud. Several MKs – among them Yuli Edelstein – have been grumbling about the reforms but have yet to refuse to support them. So, Likud bigshots will work them hard in the coming weeks to maintain caucus discipline.

Among the wobbling Likud MKs is Minister of Defence, Yoav Gallant. On Sunday, Gallant, expressed concern for the effectiveness of the IDF in such a fractured environment. Organized resistance to these legal “reforms” has been led by elite air force pilots and combat reservists. The IDF simply cannot function effectively without them onside.

Gallant’s comments came after Netanyahu’s bizarre behavior at the opening of the weekly Cabinet meeting on Sunday morning. His custom is to always invite the press in for the beginning, when he makes a brief statement indicating what he considers to be the “top of agenda” issue(s) for the week.

Last Sunday, it was a bedraggled Netanyahu who spoke. Holding tightly to both sides of a prepared script, from which he read, word for word. His hands were visibly shaking. And he exuded wrath.

Netanyahu never reads from a script. He is legendary for his ability to speak eloquently without such aids. He also never appears skittish. And he always exudes a sort of jauntiness, good humor – even in times of crisis.

Not this week. He was fire and brimstone.

He likened the threat posed by the protesting elite combat reserve soldiers and their “anarchist” allies to Iran and the Palestinian terror waves. The Prime Minister of Israel demonized, in one very stupid sentence, most of the population of Israel.

As Jakob Frenkel said on Saturday, it is “craziness.”

This blunt assessment was reinforced in recent days by a letter sent to PM Netanyahu and signed by the CEOs of Israel’s major banks and a number of significant corporate entities. Yet, Netanyahu remains entrenched.

It is all deeply irrational, disturbing and destructive.

By “slowing down” the pace of reform, the government hopes to lull the population into a sense of complacency. Relax, they are signaling, no need to panic. We’ll take a break for the Passover holiday. Enjoy time with family and friends. And, no worries. We’ll wait until after the holidays to carry on with our legislative reform. Nothing to worry about.

But that is a big lie. Because, in the next two weeks they will have accomplished all that is necessary in order to exercise absolute power. When the Knesset returns later in April, should any Bills skid in the following months, that will not throw the government off course. Because they will already have in place the laws legalizing “gifts”. Aryeh Deri will be a Minister. And they will control judicial appointments. And, should the Supreme Court have the audacity to exercise its legal jurisdiction, well, then, that will make Minister Levin very, very angry. He has stated clearly and repeatedly that he will not adhere to any decision of the Supreme Court that conflicts with his stated preferences.

And once they’ve achieved that, well, not much else really matters. They will be the absolute masters. Some might even call it an elected autocracy.

Whatever it is, it sure as heck won’t be a democracy.