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Netanyahu: Judges appointed after reform won't deal with corruption trials

02 April 2023 23:02

Judges appointed under a reformed Judicial Selection Committee can be set to not preside over Prime Minister Benjamin Netanyahu's ongoing corruption trials, his legal team explained on April 2 in a response to a petition to the High Court of Justice calling for the Likud leader to be placed in contempt of court over his alleged conflict of interest agreement violation.

Netanyahu's legal team asked the court to reject the March 26 Movement for Quality Government in Israel petition, which was filed in response to his March 23 speech announcing his involvement in the judicial reforms and Attorney-General Gali Baharav-Miara's subsequent warning that it violated his conflict of interest agreement, the Jerusalem Post reports.

The judicial reform goes beyond the scope of the legal arena, and the prime minister was obliged to act to try to bring about broad agreement, prevent violence and ensure law and order, the Netanyahu legal team argued. Addressing an issue that has gone beyond the legal realm and into other aspects of the state was required of Netanyahu. As prime minister, he was entrusted with the well-being of the state.

Baharav-Miara's interpretation of the conflict of interest agreement was too broad, according to Netanyahu's team.

On February 1 Baharav-Miara issued a letter to Netanyahu informing him that involvement with the judicial reform, especially of the Judicial Selection Committee, would constitute a violation of the agreement organized by her predecessor.

The Netanyahu team contended that not only was there no prohibition on discussing the committee, but the original court ruling that required the agreement didn't include mention of the appointment panel.

MQG commented on Netanyahu's response to their petition, saying that the prime minister didn't understand that his actions had consequences.

"Netanyahu is prohibited from dealing with matters of judicial reform, but he is knowingly choosing to violate the court's orders and even admits to it," said the movement.

The conflict of interest agreement organized by then-attorney-general Avichai Mandelblit precluded Netanyahu from involvement in the appointments of law enforcement and judicial officials. A key element of the judicial reforms first proposed by Justice Minister Yariv Levin in January would alter the compositions and procedures of the Judicial Selection Committee to give elected officials and a ruling coalition more power on the panel.

Since the announcement of the reform, protests have rocked the country, ultimately leading Netanyahu to pause the Judicial Selection Committee legislation.

MQG's petition for having Netanyahu put in contempt of court would have the court use the enforcement measure to push Netanyahu into compliance with the conflict of interest agreement. The court would be able to level fines or even short jail terms.

"In a state with the rule of law, all citizens are required to obey the provisions of the law, including prime ministers, and those who knowingly choose to stand in contempt of court must be held accountable for it," said MQG.

 

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