Steven Plaut
Judge Mussolini
With each passing day, it becomes more important to rescue Israel from
its anti-democratic judiciary. The judiciary is under the control of
justices who spout the anti-democratic doctrine of "judicial activism",
according to which non-elected justices should have the right to dictate to
the public and its elected representatives in all matters.
The Chief Justice Aharon Barak is the country’s leading proponent of
this doctrine. But there are many other reasons why Barak is a danger to
Israeli democracy.
Aharon Barak is the man who ordered a retrial for the Arab murderers of
the child Dani Katz, and his sidekick, the wacky Dalia Dorner, then put
those murderers back on the streets. They were later reconvicted.
Barak has led the judicial jihad to impose the vision of the radical
secularist Left on the country. He recently ruled that the parliament or
Knesset has no rights to pass laws. He has ordered the government to pay
reparations to Palestinians injured while attacking Jews. He led the
assault against Orthodoxy and against the Arutz7 radio station. He ruled
that the Knesset cannot decide which Rabbis oversea conversion to Judaism
for purposes of the law.
Barak has expressed the opinion that people should be prohibited from
expressing criticism of the Supreme Court’s decisions. He has never once
acted against the McCarthyist attacks on free speech by the Left. He did
nothing when anti-Oslo dissidents were jailed. He did nothing when Margolit
Har-Sheffi was jailed. He has long held that it is the job of the courts to
impose ideas favored by "enlightened" people (meaning secularist leftists),
regardless of what the parliament legislates.
But perhaps even more serious is the system of appointing justices that
has been perpetuated by Barak. In Israel judges are not elected. They
also cannot be dismissed by either the parliament nor by popular ballot
propositions. Judges, including Supreme Court Judges, are appointed by a
panel composed mainly of other Supreme Court Justices. This way, Barak and
his allies on the Court protect their turf and perpetuate their hegemony
over the judicial system.
In reality, Barak’s dictatorial control of the process of appointing
justices is more radical than that. Israel has a bizarre system by which
contenders for the Supreme Court bench are "invited" to do a "test run",
sitting there as judges, a sort of apprenticeship. They participate in
Supreme Court decisions, but as temps and fill-ins. It is all but
impossible to get a real Court appointment without first doing a tour gig as
one of these temps.
Only problem is, the Panel for Appointing Judges does not decide who
gets invited to do such an "apprenticeship". The decision is in the hands
of one man and one man alone: Justice Aharon Barak, Israel’s Judge
Mussolini.
In a development this week, one of Israel’s leading justices resigned
from the bench because the Chief Justice refused to allow him to do such an
"apprenticeship" and so effectively blocked his chance of getting a seat on
the Supreme Court. This judge is Amnon Strashnov, one of Israel’s most
respected District Court judges. He was the judge in the espionage case in
which Nahum Manbar was prosecuted for selling military equipment to Iran.
Manbar’s lefty lawyers tried to throw the case by spreading rumors that the
judge was sleeping with the prosecuting attorney, rumors that turned out to
be false.
Barak’s jihad against Strashnov appears to be personal. So where can we
find a judge whose career Barak has been promoting? Why Judge Oded Alyagon,
the Beer Sheba bigot who likes to scream that religious Jews are lice and
vermin!!
Meanwhile, in another interesting development, Justice Mussolini has
gone on the war path against professors of law in Israel. Now do not get me
wrong here - the bulk of those professors are Oslo lefties and politically
correct ad nauseum. However, Barak has antagonized them intentionally.
Barak has launched repeated ad hominem attacks on leading law profs,
reported widely in the press, including in Haaretz April 11.
The problem is that Barak expects all of the law profs to behave like
groveling sycophants and simply praise Barak and his ideas and decisions.
EVen worse, some profs refused to enlist when Barak demanded that they
back him in his personal vendetta against the head of the Bar Association
in Israel. One of Israel’s leading legal minds and a brilliant lefty,
Prof. Ruth Gavison, has a book out attacking viciously Barak’s "judicial activism", and
others have also come out against it. Other dons refused to endorse
Barak’s jihad against introducing "constitutional courts" in Israel. The
Knesset considered these, but Barak sees this as a threat to his own
unchallenged hegemony and wanted the Law School Deans and profs to sign up
for his jihad against the idea. Not all did so. Still others have the
temerity to question the wisdom and legality of some of Barak’s more
outrageous judicial atrocities.
Aharon Barak is a danger to Israeli democracy. The Knesset should not
only dismiss him at once (let him try to call in the cops when he rules that
his own dismissal is illegal) but strip him of his pension as well.
Steven Plaut