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January 18, 2017 / 20 Tevet, 5777

Posts Tagged ‘shaked’

Minister Shaked Praises Christian Israelis for ‘Realizing Ben Gurion’s Vision’

Sunday, December 11th, 2016

Last week, at the Christian Empowerment Council’s annual conference, chaired by Father Gabriel Naddaf in Nazareth Ilit, Justice Minister Ayelet Shaked said, “You, the members of CEC, are realizing Ben Gorion’s  vision in your partnership in protecting the country as well as breaking the barriers between Jews and Christians living together in this country.”

“Thanks to Father Gabriel Naddaf’s actions,” Shaked continued, “many Christian soldiers from cities and villages are fighting shoulder to shoulder with Jewish soldiers and soldiers from other groups for the protection of Israel.”

“We will never abandon you,” Shaked promised. “We are with you during the tough times.” Regarding the incitement, threats and attacks Christian soldiers suffer when they return home in uniform, the Justice Minister said she instructed the State attorney’s office to deal seriously with every such case.

The Christian Empowerment Council – Israeli Christians’ Recruitment Forum was created to fully integrate Israeli Christians into the society at large, professionally and culturally. The Council strives to absorb Christian affiliation into Israel by showing Israeli Christians that their own religious, historic and ethnic identity is tied exclusively with Jewish history and culture.

“We encourage the Israeli Christian community to warmly accept the opportunity of a safe and prosperous life in the State of Israel, and to stand up as proud Israelis, to serve in the Israeli Defense Forces and prosper in a vibrant Israeli society,” states the group’s website.

The conference was attended by about 300, Nazareth Ilit Mayor Ronen Palot, Coasta Rica’s Ambassador in Israel Istiban Parod and his wife, Safwan Marih from the Friendship Foundation, and vice president and acting head of the Zionist Federation Yacov Hajwal. Participants included IDF officers and soldiers, Border Guard officers, Police officers, National Service volunteers, heads of Jewish and Arab municipalities, Christian, Muslim, Bedouin and Druze sheikhs and priests, and Friendship Foundation representatives Nelly and Moysh Levi.

Father Gabriel Naddaf told the conference, “We and the Jews are the native roots of Israel. We need to be citizens with equal obligations and rights for everything concerning enlisting to the IDF, national service and taking responsibility for our roles as citizens.”

He added, “Our forum has made it its motto to integrate the Christians into Israeli society, and enlist the young people to the IDF in order to protect our home. If God forbid Israel is weakened, those extremists around the Middle East will strive to do much worse.”

He vowed to continue his life’s work “despite all the threats and slander against me. I will continue to work for Israel, for the Christians in Israel and the Christians in the Middle East.”

Mayor Palut said, “It takes a lot of courage to do what you did Father Naddaf. All of the people of Israel need to do something simple, to stand up and salute you and empower you.”

David Israel

Shaked: Court’s Intervention in Knesset, Government Work Distorts Democracy

Friday, December 2nd, 2016

Justice Minister Ayelet Shaked (Habayit Hayehudi) on Thursday told a conference headed by former Supreme Court President Dorit Beinisch that “there are some who want to cause the public to believe that any regime model that does not align itself completely with the leftist parties’ agenda does not satisfy the basic demands of the democratic system. But it isn’t so.”

The conference, titled “Democracy in Israel: Directions and Trends,” took place in Zichron Yaakov, a town that only a week ago endured the largest of the wave of fires that plagued Israel. Shaked “informed” those who have been regularly eulogizing Israel’s democracy, that Israel’s democracy is stronger than all of them.

According to Shaked, the attempt to divide the political left and right in Israel, and the will to determine that one side seeks to promote Israel as a Rabbinical Jewish state, or as a nationalistic mutation, while the other side is seeking to promote true democracy will not succeed. Neither will the attempt to define as “destroyers of democracy” those who consider separation of the three branches of government to be the foundation of a well-functioning democracy.

“I am saying here in the clearest way possible – a judicial branch that intervenes in the legally created product of the legislative or executive branches is not adhering to the democratic model and it is our duty to bring it back on track.”

Shaked also stressed that Israel’s democracy is “part of a larger fabric of a Jewish and Zionist State.” Conceding that this means there are complexities in the Israeli system of government, she urged her audience to “talk about them, rather than attempt to turn this complex term the political legacy of one camp or another.”

“It’s too important an issue to be turned into a partisan battering ram,” Shaked said.

JNi.Media

Shaked to Victorious Trump: Let’s Move that Embassy to Jerusalem!

Wednesday, November 9th, 2016

Israeli Justice Minister Ayelet Shaked (Habayit Hayehudi) on Wednesday morning issued a statement calling on President Elect Donald Trump to make good on his campaign promise to move the US embassy from Tel Aviv to Jerusalem.

“I congratulate US President Elect Donald Trump, a true friend of Israel,” Shaked said. “I’m certain Trump will know how to courageously navigate the free world to successful destinations in the war against world terrorism. This is an opportunity for the American Administration to move the United States’ embassy to Jerusalem, Israel’s eternal capital city.”

Shaked noted that “such a move would symbolize the tight connection and deep friendship between our two countries.”

Back in October, Ivanka Trump told assembled members of The Shul of Bal Harbour in Surfside, Florida, that her father would “100 percent” move the US embassy to Jerusalem should he be elected president.

A year ago, in an appearance before the Republican Jewish Coalition, Trump would not go on record as recognizing Jerusalem as Israel’s capital, but last January he said the city was “the eternal capital” of Israel and that he was “100 percent for” moving the US embassy there from Tel Aviv.

The Jerusalem Embassy Act of 1995 was passed by Congress on October 23, 1995, calling for initiating and funding the relocation of the Embassy of the United States in Israel from Tel Aviv to Jerusalem, no later than May 31, 1999. Congress even attempted to withhold 50% of the State Department budget for Acquisition and Maintenance of Buildings Abroad until the United States Embassy in Jerusalem had officially opened. The same act also called for Jerusalem to remain an undivided city and to be recognized as the capital of the State of Israel.

Since its passage, the law has never been implemented by Presidents Clinton, Bush, and Obama, who saw it as an infringement on their constitutional authority to conduct foreign policy. To add insult to injury, all three, Clinton, Bush and Obama, had pledged on their campaign trails to move the embassy to the “eternal city.”

JNi.Media

Shaked Blinks First But Wins Advantage in Contest with High Court President

Sunday, November 6th, 2016

The mark of a statesman—or, in this case, a stateswoman—is their ability to retreat momentarily for the sake of future victories. In her very public and very aggressive contest against Supreme Court President, Justice Miriam Naor, Justice Minister Ayelet Shaked (Habayit Hayehudi) collected her winnings and stepped back, knowing she was not yet prepared to pay the full price of a complete victory.

Shaked is spearheading several concurrent moves, all of which have provided the context for a proposed bill by Yisrael Beiteinu MKs—with Shaked’s blessings—to deprive the Supreme Court members of the Judicial Appointments Commission of their veto power over Supreme Court candidates. The moves the Justice Minister was advancing behind the cover of the new bill were a Netanyahu cabinet request for a 7-month delay of the decree to demolish the Amona community in Samaria; a new Regulation Act to compel Arab claimants who prove they own the land belonging to Jewish communities to accept market value as compensation; and a list of appointments to the Supreme Court which the current Court members loath.

Last week, Justice Naor lost her cool, sending a leaked letter to Shaked telling her the proposed Judicial Appointments Commission bill was tantamount to placing a gun on the table. On Sunday the two women met and Shaked eventually consented to putting a temporary lid on her bill — depending on how well the court would deal with her proposed appointments to replace four retiring justices—that’s 4 out of 15—in 2017.

Shaked’s candidates are considered brilliant, and they are also critical of the judicial activism of the court over the past 40 years, since the Likud party for the first time won a decisive electoral victory and relegated the Labor party to what eventually became a perpetual seat with the loyal opposition.

There’s Prof. Gideon Sapir from Bar Ilan University, who has voiced his loud criticism of the high court for neglecting the national component in their decisions. Sapir was harsh in his criticism of the court’s support for the uprooting of Gush Katif’s Jews in 2005.

Then there’s Judge Yosef Elron, who enjoys the backing of Finance Minsiter Moshe Kahlon (Kulanu) who is a member of the appointments committee, and also the support of the two members of the bar on the committee. The justices don’t like Elron and prefer to appoint in his place an insider, one of their own, Ron Sokol, the son-in-law of former Supreme Court Justice Theodor Or.

Shaked’s list of 28 candidates also includes Professor Aviad Hacohen, who writes the judiciary column for Shledon Adelson’s daily Israel Hayom, as well as Tel Aviv District Court Judge George Karra, Tel Aviv District Court Judge Chaled Kabub, Tel Aviv District Court Judge Dr. Michal Agmon-Gonen, Central District Court Judge Menachem Finkelstein, Haifa District Court Judge Yael Willner, Tel Aviv District Court Judge Ruth Ronnen, Central District Court Judge Prof. Ofer Grosskopf, Central District Court Judge Michal Nadav, Jerusalem District Court Judge Tamar Bazak Rappaport, Tel Aviv District Court Judge Gilad Neuthal, Official Receiver General Prof. David Hahn, Adv. Asaf Posner, Prof. Aviad Hacohen, Tel Aviv District Court Judge Dr. Kobi Vardi, Tel Aviv District Court Judge Shaul Shohat, Nazareth District Court Judge Asher Kula, Jerusalem District Court Judge Nava Ben-Or, Jerusalem District Court Judge Ram Winograd, Jerusalem District Court Judge David Mintz, Jerusalem District Court Judge Moshe Sobel, Jerusalem District Court Yigal Mersel, Prof. Haim Sandberg, and Prof. Shahar Lifshitz.

Shaked’s final four will likely include two rightwingers, an Arab and a centrist woman, such as Judge Tamar Bazak Rappaport, who also serves, as Vice Chairman of the Anti-Trust Tribunal, which deals with issues of cartels, monopolies and mergers.

Of the two rivals, Shaked turned out to be the one speaking softly and holding a big stick behind her back. Naor was loud and blustery, and it looks like she got her way — for now. But Shaked did not put down her big stick, and in the long and exhausting struggle the country’s judiciary will be undergoing soon, she likely plans to bring home a few wins.

David Israel

Did Ayelet Shaked Borrow a Page from FDR’s Play Book?

Friday, November 4th, 2016

Is it possible that Justice Minister Ayelet Shaked (Habayit Hayehudi) initiated the legislation that so upset Supreme Court President Miriam Na’or not so much to make constitutional changes at a breakneck speed, but instead as a shot across the court’s bow on the future of Amona?

Israeli media are bustling with more and less informed commentary regarding this week’s showdown between Justice Na’or and Justice Minister Shaked. Na’or was so enraged at the insolence of Shaked’s move to promote (tacitly) a bill that deprives the high court of its veto power on high court judicial nominations, that she sent her a written warning, well leaked, about how Shaked’s move was tantamount to placing a gun on the table.

Not exactly what one imagines as “judicial temperament…”

The fact is that Shaked is determined to curb the outrageous activism of Israel’s Supreme Court, begun after the 1977 elections when a Likud-led coalition replaced the country’s uninterrupted 29-year Labor-led rule. Justice Aharon Barak, who began his term on the high court in 1978, was the architect of a brilliant, calculated and patient campaign to usurp many constitutional powers from the elected officials, representing the will of the natural sovereign — the people, for the unelected judicial system.

In her exulted as well as vilified essay this past October (Tracks toward Governing), Minister Shaked detailed the dire need to restrain Israel’s expansionist Judiciary. She noted an ongoing war between the Supreme Court and the executive branch, which necessitates the passing of a new constitutional-level legislation (Foundation Laws in Israel’s system) to regulate once and for all this combative relationship.

In that context, Justice Na’or, despite her aggressive language, is not necessarily out of line in saying that crucial constitutional changes, such as a bill to deprive court representatives of their ability to disqualify Supreme Court judicial candidates at will, deemed serious discussion prior to submission. Which leads me to believe that Shaked, whose own temperament is far cooler than Na’or’s, did not necessarily intend to actually cut the court’s power with the new legislation, but only to scare it a little.

As was made clear from reading Shaked’s essay, she is quite the student of US history and democracy. In that case, she must be aware of the legendary battles between President Franklin Delano Roosevelt and the Supreme Court. FDR taught generations of Poli-sci students how an executive can tame his hostile high court.

Roosevelt won the 1932 presidential election following the Wall Street Crash of 1929 and the onset of the Great Depression, promising America a “New Deal” for national economic recovery. The 1932 election also gave the Democrats a majority in both houses of Congress, giving Roosevelt legislative support for his reform. Roosevelt and the 73rd Congress called for greater governmental involvement in the economy as a way to end the depression. But a series of successful challenges to New Deal programs were launched in federal courts, and, inevitably, the very constitutionality of much of the New Deal legislation, especially that which extended the power of the federal government, was rejected by the Supreme Court. A series of Supreme Court decisions knocked down major FDR legislation, culminating in Black Monday, May 27, 1935, when Chief Justice Charles Evans Hughes arranged for the decisions to be announced from the bench that day to be read in order of increasing importance, after the Court had ruled unanimously against Roosevelt in three separate cases.

In 1936, after a sweeping victory, FDR came back to the battlefield ready to take down the Supreme Court. He proposed to reorganize the federal judiciary by adding a new justice each time a justice reached age seventy and failed to retire. It was the subject of Roosevelt’s 9th Fireside chat of March 9, 1937. The argument FDR made was that it was for the benefit of the court to establish continuity in this manner — but, of course, what he really meant was that he could make the justices irrelevant if they continued to mess with his legislation.

Three weeks after the radio address the Supreme Court published an opinion upholding a Washington state minimum wage law in West Coast Hotel Co. v. Parrish. The 5–4 ruling was the result of the sudden shift by Associate Justice Owen Roberts, who joined with the wing of the bench supportive to the New Deal legislation.

He got the message.

In the spirit of the great architect of the New Deal, the most creative and decisive Justice Minister in Israel’s recent history may be aiming only to throw the fear of God (and the voter) in the hearts of Na’or et al. Currently the Netanyahu government is asking the court to postpone the demolition of Amona, a Jewish community in the liberated territories the court wants to see razed. Meanwhile, Shaked and the Habayit Hayehudi Knesset faction are working on an Regulation Act that will compel Arab claimants to accept market value for their seized land, instead of destroying the communities in question.

Is the new threat Shaked imposes on the future makeup of the Supreme Court only her way of using FDR’s recipe to scare justices? Will there be a behind closed doors deal to exchange Shaked’s killing the new bill in exchange for the court letting the Regulations Act slide?

 

David Israel

Supreme Court President Pulls Gun on Justice Minister over Appointments Veto

Thursday, November 3rd, 2016

Supreme Court President Justice Miriam Naor on Thursday sent a harsh letter to Justice Minister Ayelet Shaked (Habayit Hayehudi), informing her that she and her colleagues on the bench will no longer discuss with her their proposals for new judicial nominees as long as Shaked persists in promoting a law that deprives the Court of the right to veto those appointments.

Justice Naor was referring to a bill proposed by three Yisrael Beiteinu MKs — Robert Ilatov, Oded Forer, and Sofa Landver — which she attributed to Shaked, based on media reports, and based on the fact that the Justice Minister had not rejected the bill nor its timing.

The bill proposes changing the voting requirement of the nine-member Judicial Appointments Committee to what it had been before 2008, when a Likud minister, Gideon Sa’ar, instituted the need for a special majority to decide a Supreme Court appointment: 7 out of 9 committee members, or 2 less than the number of members in attendance (6 out of 8, 5 out of 7). The Supreme Court is represented by three committee members, which gives it enormous leverage in deciding appointments by special majority, but not so much if the committee reverts to the simple majority requirement.

The bill comes just ahead of the parliamentary year of 2017, when as many as four out of the 15 Supreme Court justices will be retiring, to be replaced by the Shaked-chaired appointments committee.

Justice Na’or’s rage was outright Chekhovian: “Submitting the bill at this time is tantamount to putting a gun on the table,” she wrote the Justice Minister (who represents the will of millions of Israeli voters). “It means that should some committee members not agree with the appointment of certain candidates in a manner that would not facilitate their appointment by a special majority, the constitutional rules of the game would be changed so that they may be appointed by a simple majority.”

Meaning, the Supreme court could be forced by the sovereign, the Israeli public, to accept among its numbers justices with whom they may disagree ideologically. Imagine the scandal…

Na’or added that under such circumstances she and the rest of the high court members of the committee will cease all communications with the Justice Minister over future appointments.

Na’or’s imagery of putting a gun on the table likely referenced Russian playwright Anton Chekhov’s famous quote: “If you say in the first chapter that there is a gun hanging on the wall, in the second or third chapter it absolutely must go off.” In other words, it’s a warning to the pesky Shaked that she may have started something she’d regret.

It could also be a reference to Eli Wallach’s character Tuco in “The Good, the Bad and the Ugly” (1966), who said: “When you have to shoot, shoot. Don’t talk. Don’t stand around trying to talk him to death.”

Or it could be a reference to Russian roulette, a lethal game of chance in which a player places a single round in a revolver, spins the cylinder, places the muzzle against their head, and pulls the trigger.

The Justice Minister’s office issued a response statement saying, “Judicial Selection Committee meeting will continue as scheduled. In the coming days we will publish the list of Supreme Court candidates.”

Advantage Shaked.

JNi.Media

Fighting Anti-Israel NGOs And BDS Activists: An Interview with Israeli Justice Minister Ayelet Shaked

Thursday, October 6th, 2016

In just a few years, Justice Minister Ayelet Shaked has shot to political stardom in Israel. A computer engineer turned politician, Shaked, 40, has been a member of Knesset for the Jewish Home party since 2013 and was appointed justice minister by Prime Minister Netanyahu in 2015.

Shaked, a forceful champion of Israel’s rights both at home and abroad, is an outspoken supporter of Jewish settlements and was the driving force behind Israel’s 2016 NGO transparency law.

 

The Jewish Press: Can you describe your background and what influenced your political views and your decision to join the Jewish Home party?

Shaked: I was right wing since I was a child, after having watched a debate between Yitzhak Shamir and Shimon Peres. I served in the army in the Golani Brigade and that also influenced my ideology, since most of the soldiers were from the Religious Zionist movement.

For a few years I was a Likud member, working with Benjamin Netanyahu after the Gaza Disengagement. I decided to leave the Likud and join the Jewish Home party because I thought that it’s very important to have a party that has secular and Orthodox working together on the basis of Religious Zionist values.

How concerned are you that the UN will try to impose a unilateral solution on Israel?

The UN is a very political and biased organization and I don’t believe in truth coming from it. It’s just a body of political interests. The fact that the UN has failed to deal with Syria while hundreds of thousands of women and children are being slaughtered there proves that it does nothing. The UN tries to hit Israel whenever it can in a very biased approach without even mentioning the ongoing incitement by the Palestinian Authority. Just the other day Mahmoud Abbas paid a condolence call to families of terrorists who tried to kill Jews.

The UN also ignores the fact that there are terror attacks conducted in the U.S. for the same reason – radical Islam against the West. In dealing with the UN, Israel should stick to its own beliefs.

Establishing a Palestinian state right now is a very dangerous thing. It’s also not realistic at all. The majority of the people in Israel, including those from the left and center, don’t think we have a partner right now. So Ban Ki-moon can talk, but it’s just wishful thinking. In reality we will do what we think is good for us.

How would you advise America to combat the scourge of Islamist terrorism that both America and Israel face?

You just need to face reality. In Europe they are already facing reality and identifying it as radical Islamic terrorism. We are not at war with Islam. In Israel, 20 percent of the population is Muslim. And we have a very good relationship with them. But we need to distinguish between Islam and radical Islamic terror, which threatens the Western world.

This is actually a war between two civilizations; between the Western world and radical Islamic terror. It’s in the U.S., in Europe, in Israel; it’s all over the Middle East. And radical Islam is mainly aimed at hurting other Muslims. There are hundreds of thousands of Muslims all over the Middle East who have been slaughtered because of this extreme ideology. We need to face this reality.

What is your position on Israel’s claim to Judea and Samaria?

After the Oslo Accords, Judea and Samaria were assigned to areas A, B, and C. Areas A and B are under the Palestinian Authority and area C is under Israeli authority. If you ask me what will be in the end, how will we finish the conflict, I believe we should annex area C. There are 425,000 Jews and 90,000 Arabs who are living there. The Arabs should be full citizens of Israel and get all the according rights. Areas A and B should be a strong autonomy or in conjunction with Jordan.

Under international law, those territories are not occupied territories; they are territories under dispute. There is a lot of land in area C that belongs to the state and we should expand building on those lands. There’s nothing we need to apologize for. It’s legally state land and we should continue to build there.

You initiated and then advanced Israel’s NGO bill through the Knesset. What do you hope it will achieve in terms of deterring agitators from working within Israel?

It’s a transparency bill. In Israel, there are a few NGOs that get the majority of their money from abroad from different countries. Those countries actually try to interfere in a diplomatic way in Israeli policy and are trying to do it through NGOs.

We are not forbidding that, but we want the public to be aware of it. That’s why we passed a transparency bill that any NGO that gets more than 50 percent of its budget from a foreign country should declare it when approaching a Knesset member and in their official publications.

What more can be done about many of these NGOs who are aligned with the BDS movement and their allies, such as the Black Lives Matter delegation that recently visited Israel and accused it of “genocide”?

There are definitely NGOs in Israel that cooperate with BDS groups, mainly in the United States. They actually lay the groundwork for the lies and they distort the facts the BDS groups end up using.

We need to determine what falls under freedom of speech, but we are fighting against the threat of delegitimization the NGOs are pursuing. This is something we are dealing with on a regular basis because it’s based on lies and it hurts Israel.

Unfortunately, many agitators against Israel in these various groups are Jewish. What would you say to them as Jews?

They are confused. I talked about it in the lecture that I gave to the JNF, in which I said there are extreme liberal Jews who just swallow the lies and the propaganda the BDS movement is selling. They are confusing liberal and human rights values with the new anti-Semitism. BDS is perpetrating a fraud and unfortunately there are people who are buying into it.

Sara Lehmann

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