Perspective 103. Israel's Judiciary: Tougher on Public Officials?
As former president Donald Trump is indicted, his defenders charge that the U.S. judiciary is politically motivated. Would another democratic nation – Israel, for example – dare to indict present or former heads of state or leading public figures?
Yes. In fact Israel has indicted, and convicted, a former President, a former Prime Minister, eleven sitting or former cabinet ministers, at least seventeen members of the Knesset, and, to top it off, two Chief Rabbis. An entire wing of the central prison could have been reserved for government officials.
In perspective, this is one reason the Israeli judiciary has stirred up certain segments of the body politic, and why it is now under siege. It is not a total coincidence that Prime Minister Netanyahu’s assault on the Judicial system comes when he is standing trial as the second Prime Minister to be indicted, though the first to be indicted while serving as Prime Minister and for crimes committed as Prime Minister.
Even if Netanyahu were to succeed in ramming through his take-over of judicial appointments, however, it might not be in time to help him in his trial, which has been underway already for almost three years. But it could conceivably help him in an eventual appeal to the Israel Supreme Court, if he could influence enough appointments there in the meantime. Since Supreme Court justices are required to retire at the age of seventy (unlike the lifetime U.S. court), this is not impossible. But it’s a longshot.
Obviously Netanyahu is shaken by the precedent of his illustrious predecessors in the dock. Israel’s eighth President, Moshe Katsav, was convicted of crimes (mainly rape and obstruction of justice) committed while in office, and was sentenced to seven years in prison. Ehud Olmert was convicted of breach of trust and bribery (two of the charges against Netanyahu) committed before becoming Prime Minister.
One of the cabinet ministers sent to jail was Aryeh Deri, leader of the haredi (ultra-Orthodox) Shas party, who distinguished himself by earning two convictions. In 2000 he received a three-year sentence for bribery, and just last year – after regaining control of his party – he was convicted of tax offenses. The Supreme Court ruled that Deri could not serve in Netanyahu’s new government. Not surprisingly Shas is in the forefront of those who want to cripple the courts.
Maybe the ultimate sacrilege the courts committed was the conviction of two Chief Rabbis. Eliyahu Bakshi-Doron, a Sephardi Chief Rabbi, was convicted of fraud for issuing false rabbinic ordinations. Just to show impartiality, the courts also convicted Ashkenazi Chief Rabbi Yona Metzger to three years in jail for bribery, fraud, and money laundering.
So when it comes to lèse majesté, to tackling what Shakespeare called “the insolence of office,” the Israeli judiciary is no slouch. Is it any wonder that it is under attack?