Nov. 6, '13
Today, after 17 years of investigation and trials, former (and future)
Foreign Minister Avigdor Lieberman was acquitted by a unanimous court
decision. Lieberman’s story forces us to face a serious question: Who is the
sovereign in the State of Israel? The people, by means of their elected
officials? Or bureaucrats, who appointed themselves?
I have decided to visit the elected mayor of Nazareth, Mr. Shimon Gefso, who
is currently under house arrest for corruption charges. I know – they will
accuse me of chasing after the votes of the Likud Central Committee; they
will try to make me look guilty of corruption. But I am going.
I am not chasing after anybody. I will gain nothing from Gefso. Personally,
I believe that he is innocent and that this is a classic “Dreyfus” case. But
the real question has nothing to do with the guilt or innocence of the newly
re-elected mayor of Nazareth. Just as with Lieberman, the question is who is
sovereign in this State? We, the people, by means of the people whom we have
elected? Or a band of bureaucrats that has appointed itself as lords of the
land?
The lords of the land attempted to prevent the residents of Nazareth from
voting for Gefso. But the people of Nazareth (Heaven help us) disobeyed the
lords of the land and elected him, nevertheless. Now they are teaching the
sovereign – the people – a humiliating lesson. In a media-saturated
operation, they have chosen to arrest Gefso just days after the election.
They even had the audacity to demand a court order to distance him from city
hall for 30 days; in other words, precisely the critical days in which he is
supposed to get his municipal coalition together and begin working in
earnest. As far as they are concerned, Nazareth can go to the dogs. The main
thing is that they have the last word and that they will remain the
sovereign and not the voters.
These lords must understand that the people have had their say at the ballot
box. They must allow Gefso to fulfill the wishes of the public. In my
opinion, all investigations and indictments against elected officials should
be postponed until their term is over. I can say this now, because I wrote
the same thing in an article about one of the politicians for whom I have
nothing but contempt: the post-Amonah Ehud Olmert. This is what I wrote in
May 2008:
Judicial Tyranny
I don’t think that it is proper to
investigate a prime minister while he is in office. Not that I have anything
good to say about Olmert. I know that he is corrupt and I have absolutely no
good wishes for the prime minister responsible for Amona. But on principle,
I think that there is a serious flaw in the fact that he is being
investigated while he is in office.
What has actually taken place here is that a very small group of judicial
officials – a group that was not elected by the public and whose motives are
completely unknown – suddenly decides to investigate the man whom the public
has elected to lead the country. In other words, a collection of technocrats
has more power than the public. They can depose or change the officials
elected by the public as they see fit.
I do not know why they have sunk their fangs into Olmert and his unexplained
wealth, but that is not important. What is important is that the power to
choose leaders has been removed from the public and placed firmly under the
control of “the rule of law gang,” as former Justice Minister Chaim Ramon so
aptly described them.
An elected prime minister or government minister should have immunity from
police investigations for suspected offenses committed before his election.
Unusual cases should be brought before the Knesset, where a special majority
would have to authorize an investigation. When the official in question
finishes his term of office, the investigation would proceed. The media
should be allowed to continue to report on findings pertaining to the case,
and the public should be allowed to decide whether or not to vote for the
official once again.
If we do not insist on proper judicial conduct now, we will surely pay for
it later, when the “rule of law gang” will depose yet another – probably
rightist - government.
****
The lords of the land could have waited a half a year or so to go after
Gefso. After all, they have waited for years until now. Why arrest him a
week after the elections?
I have no idea what Shimon Gefso did or did not do. But one thing is
completely clear to me. Nothing that Gefso did can be more corrupt than a
legal advisor or a retired judge who robs the public coffers to the tune of
NIS86,000 per month for his pension. There are currently 300 people from the
legal system who star at the top of the pyramid of those who have dug their
hands deeply into the public’s pocket and live the good life as a result of
this essential corruption.
I am tired of all these stories. I was elected to the Knesset by the public,
the sovereign. No bureaucrat or police officer will intimidate me. I will
take my ethical credit and the public trust that I enjoy as Deputy Speaker
of the Knesset to Shimon Gefso’s home to declare: The People are the
sovereign – not self-appointed bureaucrats. Harass organized crime, drug
dealers and those guilty of extortion. That is what you are being paid for.
Remember that you are public servants – not the public’s lords.