To understand what is going on in Israel,
especially the prevalent mood in the country, requires more than
a brief visit or chat with Israeli
friends. Quick glances often reveal only yesterday's agenda
instead of that of today and tomorrow. For example, on the
surface, it appears that Israel's
leadership and government are a corrupt group of individuals
who have taken over the country for their own personal gain.
The prime minister, defense minister, finance
minister, justice minister, police chief, and entire senior
administration of the tax authority all are under investigation
for criminal offenses. (So
is the president of Israel, but that's a completely different
story.) But, as much of the Israeli public already realizes, this is not because the current leadership is
made of a lesser moral fiber than leaders of the past. The reason
lies elsewhere.
In the past few years, the strength of
Israel's
legal establishment has grown disproportionately. Led
by the former president of the Supreme Court, who declared that
"everything can be brought to trial," and a government
comptroller, who is constantly searching for questionable acts
to curb, open season has been declared not only on the Israeli
leadership, but also on anybody who can generate a headline.
Israel's Supreme Court not only wants to
bring everything to trial, but also wants to turn all levels of
the judicial system into an exclusive club in which it controls
admissions decisions. All attempts to appoint
new supreme court justices who think
differently than the old guard have been blocked. Any attempt to
reform or change the legal system has been stopped dead in its tracks.
When Tsipi Livni, while serving as justice minister,
tried to nominate Prof. Ruth Gavison to the Supreme Court, the honorable justices ganged up against her. Haim
Ramon, who was nominated justice minister after Livni, also
thought that reforms were necessary in the legal system. Lo and
behold, Ramon found himself on trial for kissing a
female assistant in his office. The state prosecutor's office
pressured the assistant to file a complaint and then indicted the minister. All the
evidence that Ramon submitted to show that the
affair could be, at its worst, declared an innocent mistake was
thrown out of court - including a photograph showing the girl
with her arms around Ramon's belly in a very amorous pose.
Ramon was found guilty - just like 75% of the defendants in court
cases brought to trial in Israel.
When Prime Minister Ehud Olmert decided to nominate
the esteemed law professor Daniel Friedman to the post of
minister of justice, the legal establishment gathered forces
again to block the nomination. Friedman is known for his criticism of
the legal establishment, which he calls "the rule of law gang."
After Ramon's trial, he published an article
in Israel's leading daily denouncing the decision to find Ramon
guilty and criticizing the fact that the affair was ever brought
to trial.
The Supreme Court club opened its attack on
the nomination by sending Supreme Court
Justice Emeritus Michael Cheshin to denounce the nomination. "I
will cut off the hand of anyone who dares to lay a hand on the
Supreme Court," he declared, as if the justices were the
ones who nominated government ministers. But then, if anything
can be brought to trial, then the court can have a say in
anything, including the purely political act of nominating a
minister.
The public in Israel is beginning to believe
that something is wrong not with the government but with the
courts. In a recent poll, the majority of Israelis said they had no
faith in the Israeli justice system.
These days, one often hears that Israel is rapidly becoming a South
American banana republic. But the source of this perception is not the "corruption" of
the state, but the concept of legal activism which was introduced by Aharon
Barak, the Supreme Court president emeritus who
declared that everything can by brought to trial.