Daily Shmutz | ISRAEL  (IINO)  | 8/1/23

ISRAEL  (IINO)

The Uninvited Backbone of Israel’s Anti-Reform Movement   by Steve Apfel
August 1, 2023 at 5:00 am

  • In the war of words over Israel’s judicial reform, irrespective of the rights and wrongs of the disputants, the word “democracy” appears to have suffered a bit of a roughing-up.
  • “… Biden was wrong to intervene in the debate over Netanyahu’s proposed judicial reforms…. otherwise, Israeli officials may start commenting on Hunter Biden’s plea deal.” – Former National Security Advisor John Bolton, Twitter, July 31, 2023.
  • So, the Biden Administration delivered an “either-or” threat: stop the judicial reform or break our special relationship. The break had actually already begun with President Barack Obama, who became quixotically committed to a policy to finance and enable Israel’s self-declared arch-enemy — “Death to Israel” should probably qualify one as an arch-enemy — unlimited nuclear weapons, billions of dollars to manufacture them; ballistic missiles to deliver them, and loose change for Iran’s mullahs to continue “exporting” their Revolution into Yemen, Syria, Iraq, Lebanon, the Gaza Strip and Latin America.
  • “… the lawyers were all on one side, and they were all working to help Hunter Biden. The were all working to hide a blanket immunity agreement from the judge…” — Former Director of National Intelligence John Ratcliffe, Fox News, July 28, 2023.
  • “We are five days away from fundamentally transforming the United States of America,” then-presidential candidate Barack Obama declared a few days before the 2008 presidential election, somehow neglecting to say what he was planning to transform it into.
  • FBI agents, in an illegal “state action,” attempted an end-run around the First Amendment, dishonestly colluding with Facebook and other tech companies to censor news reports about Hunter Biden’s 2020 election-altering “Laptop from Hell.”
  • Team Biden, in the person of Antony Blinken, had reportedly called Mike Morell to get what ultimately turned out to be 51 former intelligence officials to sign a letter falsely alleging that the Hunter Biden laptop had “all the earmarks of a Russian intelligence operation.” That letter, it turned out, was the real disinformation.
  • It was countered immediately on Fox Business by former Director of National Intelligence John Ratcliffe. “Let me be clear,” Ratcliffe said, “the intelligence community doesn’t believe that because there is no intelligence that supports… that Hunter Biden’s laptop is part of some Russian disinformation campaign. It’s simply not true.”
  • What it all comes down to is that one party seemingly decided that Obama’s promise to radically transform America was too important to trust to the electorate.
  • Now Blinken and Biden are supposedly qualified to give Israel’s coalition government a lecture on judicial probity and democracy?

[Ed.:  Winking, blinking, and nodding!]

 

The “Reasonableness” Clause EXPLAINED  [35:43]  Caroline Glick

07/28/2023 – In my news analysis this week, I went through the uproar over the Knesset’s legislation of constraints on the Supreme Court’s power to overturn policies based on the “Reasonableness Clause.

I explained what the “reasonable clause is,” how it was invented, what the amended law will and won’t do and what it means for the Netanyahu government going forward.

I also described the likely impact of the law’s passage on the leftist insurrectionists in the streets, on the Supreme Court and on the Attorney General.

If you want to cut through the media hype and understand exactly what is going on in Israel’s fight over judicial reform, do not miss this show.

To watch the analysis on YouTube click below.

 

Jonathan Pollard to receive gun permit after Ben-Gvir intervenes

According to Pollard, he needs the weapon since he feels threatened and travels in dangerous areas such as Judea and Samaria.

Jul 31, 2023, 10:48 AM (GMT+3) – Former Israeli spy Jonathan Pollard is expected to receive a pistol license in the coming day after National Security Minister Itamar Ben-Gvir assisted him.

Minister Ben-Gvir held several special discussions with the professional echelon over the past few weeks to grant Pollard a weapon license.

Since Pollard returned to Israel, he attempted to earn a gun license but was refused by the Public Security Ministry. In addition, a senior Central District Court judge told the former spy that he did not meet the criteria to receive the license.

According to Israeli law, gun licenses are granted to those who need the weapon for work or live in eligible areas such as Judea and Samaria.

Pollard stated, to his defense in an appeal he submitted to the court, that he feels threatened and travels in dangerous areas such as Judea and Samaria.

As far as Minister Ben-Gvir is concerned, the step is called for. Individuals close to the minister stated: “It can’t be that someone who sacrificed his life for Israel and received death threats won’t be granted the basic right to defend himself.”

As mentioned, only after Ben-Gvir’s intervention and many discussions at the minister’s office is Pollard expected to receive a pistol license, barring any last-minute changes.

Related articles:

[Ed.:  It’s not what you know, but who!]

 

Doing Away with the Standard of Extreme Unreasonableness   By: Prof. Amichai Cohen, ISRAEL DEMOCRACY INSTITUTE 

22.6.23 – The coalition is currently seeking to advance a legislative amendment that will prevent the Supreme Court from annulling (or striking down) decisions of the government, individual ministers, and other elected officials (such as mayors) it finds to be “extremely unreasonable.”

What is the standard of extreme unreasonableness?

In Israel, there is no law defining  judicial review powers over decisions made by the executive branch. Thus, the grounds for judicial intervention in administrative affairs are “common law” standards declared in decisions of the courts. These grounds entail the examination of three aspects of decision-making by the executive branch:

(1) Did it have the authority to make such a decision?

(2) Was a proper procedure for decision-making adhered to?

(3) Were appropriate considerations applied?

This final criterion refers to an examination of whether decisions were made in good faith, in an egalitarian and proportionate manner, void of improper considerations, and while respecting human rights. Similarly, the executive branch is also required to act in a reasonable manner.

The obligation to act with reasonableness means that the administration must assess all relevant considerations, assign the appropriate weight to each, and maintain the balance among them. Giving far too much or far too little weight to a particular consideration can result in significant flaws in administrative decisions.

[Ted Belman:  With the removal of the extreme reasonableness standard, the government can do what it wants. If there is a law standing in its way, they can amend the law. The HC then would have no basis to overrule it. This is not a good thing. So the choice is, do you want an unfettered government or do you want oversight by the Supreme Court, even a left wing one?  The latter option is more palatable if you stack the selection committee to ensure that a majority of judges are conservative. But this can change with a change in government.  At least the government can be held accountable by the people whereas the Court cannot.  Standard of Extreme Unreasonableness

Israel’s Recent “Unreasonableness Amendment” and its Implications.  Law Profs Forum]

[Ed.:  Trust that IINO would follow a concept called “Standard of Extreme Unreasonableness.”  We also have “Basic Law”. (may God help us).  All of this is mere Babel so long as Israel has no Constitution. Musloid nations have these thingies called ‘Constitutions’, and they are based in the Karan.  But We have God’s own Law Book, and we somehow cannot configure a Constitution for our Jewish State! Think about that! It brings to mind ‘The Wise Men of Chelm‘.]

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