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May 1, 2016 / 23 Nisan, 5776

Posts Tagged ‘Supreme Court’

Opposition Media Defeat Bibi on Ex-IDF Officer as Police Chief

Wednesday, September 23rd, 2015

Former Brigadier-General Gal Hirsch has been removed as a candidate to take over the police department, Public Security Minister Gilad Erdan announced Wednesday evening after the Yom Kippur holiday.

Israel’s establishment media, a synonym for anti-Netanyahu media, have campaigned daily to highlight criticism of Hirsch, primarily because of his conduct at the beginning of the Second Lebanese War.

Relatives of soldiers killed in the war have directly blamed Hirsch for not having responded properly to the kidnap of reservists Ehud Goldwasser and Eldad Regev, who were killed by Hezbollah.

A government investigating commission cleared Hirsch of blame, and Erdan complained Wednesday in a statement:

He is a clean and innocent man. Hirsch is not suspected of anything, and no one has filed complaints against him.

Attorney General Yehudah Weinstein, whose recent opposition to several government decisions includes those that are not even in his realm of authority, put the death knell on Hirsch’s being police commissioner by saying it could take months before an investigation is finished concerning possible conflicts of interest concerning Hirsch’s private company that was involved in trading arms.

Weinstein left open the possibility that Hirsch in the end may not be cleared, and retired Supreme Court Justice Yaakov Turkel, head of the government committee that decides on the nomination of Hirsch, made things worse by stating last week he could not reach a conclusion.

In other words, the entire process will be dragged while the police department languishes without a permanent leader at a time when Jews in Jerusalem have become sitting ducks for Arab terrorists testing out their rock-throwing arms.

Now Weinstein has another feather in his hat to gain the good will of the anti-Netanyahu media and perhaps giving himself a better shot at being a Supreme Court justice in the future.

Netanyahu was bitter over Hirsch’s being yanked and stated:

Gal Hirsch is the right man for the post of Police Commissioner… For a month already Gal Hirsch’s good name has been trampled anew by critics. And for what? For agreeing to leave successful work and to report for a challenging and important national mission for all citizens of the state.

He agreed without hesitation and look what happened:

Slander and denigration. It is not proper to act this way toward someone who has sacrificed his best years, energy and talent on behalf of the State of Israel.

Now Erdan has to look for another candidate for chief of the police, whose upper echelon was furious at Erdan for nominating as police commissioner a man who has no record of sexual harassment or bribery, unlike many other senior police officers.

Weinstein promoted himself as an authority on the necessary background for a police commissioner by mocking Erdan’s desire to appoint a commissioner from outside the police department.

Tzvi Ben-Gedalyahu

Former Supreme Court Judge Mishael Cheshin (79)

Saturday, September 19th, 2015

Former Supreme Court judge Mishael Cheshin passed away on Saturday after a long battle with cancer.

Cheshin served on the Supreme Court from 1992 until 2006.

Cheshin was known for his judicial activism and firmly believed in judicial oversight over Knesset laws.

He was also a strident defender of the Supreme Court against those who dared question the ever-expanding powers the Supreme Court judge’s granted themselves.

In 2007, when Israel Prize winner Professor Daniel Friedman, who was then slated to be the Justice Minister, dared criticize the Supreme Court, its active participation in the process of selecting new Supreme Court judges, its ability to strike down Knesset laws and the judicial activism of its President Dorit Beinish, Cheshin responded quite strongly.

Cheshin said, “My power is limited, but I will defend the Supreme Court with all my might. I am rooted in the Supreme Court. I am part of it. My father was a justice in the first Supreme Court, I was its deputy president. This is my home, and whomever raises his hand against my home, I will cut off that hand.

In 2002, as chairman of the Central Elections Committee, Judge Mishael Cheshin ruled that Moshe Feiglin would not be allowed to run for Knesset, after winning the 41st position on the Likud list. Cheshin claimed that Feiglin’s protests against the Oslo accords were sedition against the State of Israel!

Feiglin eventually entered the Knesset in 2013 and became Deputy Speaker.

Shalom Bear

19 Non-Jewish Reasons the Stock Market Is Plunging

Monday, August 24th, 2015

Fear and greed move the stock market, and the fear has grown into paranoia.

If people are in a good mood, they read the news through rose-tinted glasses, and not even another Islamic State (ISIS) beheading of an American could scare them away from buying stocks.
The crash in the market in Shanghai set off fears that have been tucked away in the back of the minds of anyone who ventures to hear or see what is going on in the world.

It seems that the constant Obama administration’s propaganda that the Middle East will fall apart without a “two-state” nightmare is not driving people to sell stocks.

There are real fears out there, no matter how much the White House tries to camouflage them with President Barack Obama’s playing golf with Steph Curry and taking a popularity hitchhike on Jon Stewart’s coattails.

A poll conducted by the Associated Press-NORC Center for Public Affairs Research named the threat of terrorism and the Islamic State (ISIS) as the most worrisome foreign policy issues.

Next on the “worry list” is immigration.

Here are 17 other Americans’ fears that no longer are blinded by greed:

— A Congressional veto of the deal with Iran will cause Iran to become more militant and encourage it develop a nuclear weapon and encourage Hezbollah terrorist attacks on the shores of the United States.

— Congressional approval of the deal with Iran will pave the way for Iran to build a nuclear weapon and fund Hezbollah terrorist attacks on the shores of the United States.

— Donald Trump will become the Republican presidential nominee.

— Jeb Bush will become the Republican presidential nominee

— Hillary Clinton will be the Democratic presidential nominee.

— Bernie Sanders will be the Democratic presidential nominee.

— Joe Biden will be the Democratic presidential nominee.

— The Islamic State (ISIS) will behead another American.

— Mexican immigration will destroy America.

— Homosexual marriages will destroy America.

— The Supreme Court will destroy America.

— ‘Millennials” will be lucky if they get 50 percent of Social Security payments.

— Drug care will be non-affordable.

— Joe Biden will be the next U.S. president.

— Donald Trump will be elected president.

— Hillary Clinton will be elected president.

— Jeb Bush will be elected president.

— Bernie Sanders will be elected president.

What happened to the fear that the Arab-Israeli struggle endangers America’s security?

Tzvi Ben-Gedalyahu

High Court Demands Ultra-Orthodox Deputy Health Minister Be Upgraded to Minister or Fired

Sunday, August 23rd, 2015

(JNi.media) Israel’s Supreme Court on Sunday accepted a petition from the opposition Yesh Atid party asking that Deputy Health Minister Yaakov Litzman may not continue to serve as de facto Minister so long as he does not officially receive the appointment. The court decided Litzmann must make up his mind within 60 days.

The arrangement, which had been used routinely in the past with ultra-Orthodox politicians, was for Prime Minister Netanyahu to be the official Health Minister, while Litzman, as his deputy, actually ran the ministry. The reason for the unusual arrangement was to shield the ultra-Orthodox politician from responsibility for decisions of the Health ministry which may conflict with Jewish law—such as issues related to homosexual patients.

Deputy Minister Litzman, who is considered by most of his colleagues on both sides of the aisle to be one of the most competent elected officials today, will now be forced to choose assuming responsibility for a variety of medical ethics decisions which may be in direct conflict with halacha (Jewish law), in order to maintain his hold on the ministry.

If he receives the approval of the United Torah Judaism party’s rabbinic advisory board, Litzman would become Israel’s first Ashkenazi ultra-Orthodox minister since David Ben Gurion’s first coalition government, when Itzche Meir Levin (Aguda) served as Minister of Social Services.

The aim of the Yesh Atid appeal to the high court was to force Ultra-Orthodox politicians to embrace without reservations their participation in the Zionist endeavor in Israel, possibly creating a rift between the Israeli ultra-Orthodox party and anti-Zionist Ultra-Orthodox Jews both in Israel and abroad.

It is also now more likely that the Netanyahu government could fall over a medical dispute between the ultra-Orthodox and mainstream Israelis, because now Minister Liztman will not be able to recuse himself from dangerously sensitive issues.

JNi.Media

Hundreds of Police Force Protesters out of Beit El Buildings [video]

Tuesday, July 28th, 2015

The government “celebrated” the 10th anniversary of the expulsion of Jews from Gaza and four Shomron communities early Tuesday morning by staging a pre-emptive sweep on hundreds of protesters who had barred themselves up in two buildings slated for demolition Thursday.

The High Court has ordered the destruction of the “Dreinoff” housing project, named after their developer, after accepting Arab and leftists’ petitions that they were erected without permits.

The court’s decision overruled the Civil Administration’s retroactive approval of the building project.

Tuesday morning’s clash was a duplicate of the expulsion 10 years and two days ago and again a year later in Amona.

Black-clad police along with Border Police used riot dispersing methods, including pepper spray, to easily but violently overcome the protesters, mostly youth, and took over the building.

More than 50 demonstrators were detained.

The military explained:

In accordance with the High Court of Justice ruling and with the goal of preparing for the evacuation and demolition of the skeleton of the ‘ Dreinoff ‘ buildings in the community of Beit El, the decision was made to deploy a Border Police force in the complex earlier this morning.

In order to prevent [settlers] from barricading themselves in the buildings and thus reduce the tension and violence in the area so as to enable the demolition to proceed as planned, a Border Police force was placed in the building.

Knesset Member Moti Yogev, whose arm was broken in the brutal police violence at Amona nine years ago, warned that the “if the Dreinoff buildings will be demolished, the court will remain in Israel but it is not certain that there will be a government,” meaning that he might urge the Bayit Yehudi (Jewish Home) party to tear down the coalition.

Agriculture Minister Uri Ariel also warned that the government is in danger and accused Defense Minister Moshe Ya’alon of breaking his promise the day before that police would not pounce on the protesters.

“Been there, done that.”

The same promise was made by then-Defense Minister Ehud Barak several years ago hours before he ordered the police to violently remove Jews from a building in Hebron. Eventually, the courts accepted appeals from Jews that the building was legally purchased

The Beit El Regional Council is planning to appeal to the High Court this week to cancel the planned demolition.

Below are four videos and three Tazpit News Agency photos of the clashes that began before dawn Tuesday, They are more suitable for viewing on Tisha B’Av.

beit-el-portest-clash-tazpit

beti-el-protyest-tazpit

beit-el-protester-tazpit

Tzvi Ben-Gedalyahu

US Adopts the International Lie of a Fictional Arab Village

Thursday, July 23rd, 2015

A fictional Palestinian Authority village is on the throes of becoming a reality that threatens a Jewish presence next to the Talmudic-period Jewish village of Susiya and which would be a catalyst to support the blood libel that all of Israel was stolen from Arabs.

Arab Susiya, with several dozen tents and structures, has been built like a Broadway stage, complete with props that enable the Arabs to spin the yarn that it has existed for centuries but that the mean IDF is trying to destroy their ancient lifestyle.

The U.S. State Dept., the European Union and lazy and inherently biased international media have swallowed the tale that is chock full of romanticism and anti-Zionism.

The southern Hebron Hills until recent years was a forgotten rural region. Archaeological evidence clearly proves that Jews lived in Biblical and Talmudic times until as late as the 9th century, coinciding with the birth and rise of Islam.

Modern aerial photographs and academic researchers have categorically established that Arabs never lived in Susiya, but the world prefers to believe starry-eyed fairy tales that Jews are land thieves.

For centuries, only a few thousand Arabs populated the relatively vast southern Hebron Hills. Other Arabs came from the Hebron area to stay in caves for two months during the season for planting and reaping wheat or to grave sheep and goats.

Other than that, they were never to be seen because their homes were elsewhere.

All of that changed soon after the early 1980s when the Jews returned after 1,500 years.

The presence of Jews in the southern Hebron Hills woke up the Arab neglect of the region, where the Ottoman Empire, the British Mandate and the Jordanian occupation after the War for Independence in 1948 never issued a solitary deed of land ownership.

Yasser Arafat in Ramallah and Arabs in Hebron started getting antsy about the Jews moving into a strategic area from which Arabs staged several deadly terrorist attacks before the Six-Day War in 1967, but they had a problem.  Arabs did not want to move from the urban areas of Hebron and adjacent Halhoul and Yatta and into the mountain desert where the biggest crop is rocks.

The European Union and leftist organizations came to the rescue. They pay Arabs to live in the region and to claim that their families have done so for centuries.

B’Tselem, the EU and other pro-Arab group built structures for Arabs, gave them tents, solar power and water purification systems.

They have built new villages that never existed before, dotting the hillsides with a nearly contiguous presence trumpeted with a fictitious “historical claim.” For the record, the Jews have an older historical claim, as evidenced by the ancient synagogues in Susiya and in neighboring Samoa.

The focus of the creation of this lie has been Susiya, the largest Jewish community in the area, although less than 200 families live there. It is located several hundred yards from the Talmudic=period village, which is protected as a natural park.

The European Union and leftist groups have invested tens of thousands of dollars to bring Arabs to the narrow stretch of land separating modern and ancient Susiya. The IDF, with the approval of the Supreme Court, has issued demolition orders for some – but not all – of the illegal Arabs structures.

Most of them exist with the classic Bedouin and Arab ruse of cement buildings covered by tents to give the romantic impression they are inhabited by a group of Arabs whose love for the land is greater than the temptations to live a life of convenience in the city.

Their love for money and the love for hating Zionists are even greater.

The EU and leftists fund the Arabs to allow them to live through cold, windy and sometimes snowy winters, as well as the hot and sultry days of summer.

There are aerial photographs from two decades ago showing that not one Arab lived in Susiya, but the European Union is giving away free tickets to a play that is being billed as reality.

It has all of the elements that the anti-Israel establishment needs to beat their breasts and berate Israel for being so cruel as to destroy the lifestyle of Arabs and expel them from their ancient lifestyle, which in truth dates back to approximately 10 years.

The spokesman for the fake Arab Susiya is Nasser Nawaja, the author of today’s fiction presented as “opinion” by The New York Times. He wrote, and is quoted over and over by dummy journalists, that his mother was born in Khirbet Susiya.

And I was born in Antarctica, and you, dear reader, were born in Saudi Arabia.

Nawaja makes his living as a paid servant for B’Tselem and the European Union and whose job is to dupe the United States to adopt the illusion on which is based the Palestinian Authority claim to the rest of Judea and Samaria as well as all of Israel.

The oft-documented reports that the Palestinian Authority teaches that Haifa and Jaffa (Yafo) are part of “ancient Palestine” always were laughable and ridiculous, so thought the Israel government.

It now has woken up, years too late, and Foreign Minister spokesman Emmanuel Nachson shared with The JewishPress.com a directive it issued to its emissaries around the world to put a finger in the dike to stop the flood of fabrications.

Unfortunately, the Foreign Ministry is using logic, which is of no use, and rests its case on “long-standing agreements between Israel and the Palestinian Authority, including the Oslo agreements,” which no longer are a reference point for anything except for a study of idiocy.

The Foreign Ministry also told its foreign staff:

These clusters of structures… were built illegally and adjacent to an ancient Jewish archeological site.

Contrary to Palestinian claims that these structures have been permanently inhabited for decades, in fact, only a handful of families resided there in the 1980s and they only used the structures on a seasonal basis….

On 4 May 2015, the Supreme Court declined to issue another temporary injunction preventing demolitions.

The government is not taking to heart Deputy Foreign Minister Tzipi Hotovely’s advice to emissaries when she took office two months ago and said that the world needs to be reminded that Israel – all of Israel – belong to Jews by Biblical birthright. Anyone who does not agree can take his complaint to God.

The European Union the United Nations and especially the Obama administration do not care about the logic of legal or illegal buildings because they have adopted the entire Palestinian Authority hate libel that Israel is an “occupier” and that Jews have no right to live where Arabs want to live.

This has nothing to do with the “West Bank.” It has to do with all of Israel.

The “government of Tel Aviv” has closed its eyes for decades to the Bedouin and Arab rape of the Negev, well inside the “Green Line.” The squatters, many of whom have been imported from Judea and Samaria, have stolen tens of thousands of acres of state land – their “ancient land” – and the government has done nothing except to pay them to procreate their population bomb by winking an eye at polygamy and doling out outrageous child benefits.

“Arab Susiya” will be Israel’s Waterloo if it falls to international ignorance, in which the State Dept. has a stake.

When Indian reporter Goyal Raghubir, supposedly one of the better journalists covering Foggy Bottom, asked State Dept. spokesman John Kirby last week if he has “a reaction to reports that Israel may demolish part of a village called Susiya in the West Bank for expanding settlements,” the spokesman was ready with a prepared answer:

We’re closely following developments in the village of Susiya in the West Bank, and we strongly urge the Israeli authorities to refrain from carrying out any demolitions in the village. Demolition of this Palestinian village or of parts of it, and evictions of Palestinians from their homes would be harmful and provocative. Such actions have an impact beyond those individuals and families who are evicted. We are concerned that the demolition of this village may worsen the atmosphere for a peaceful resolution.

A “peaceful resolution” in the eyes of the Palestinian Authority, the European Union and the Obama administration is the expulsion of every Jew from all of Judea and Samaria, the Golan Heights and half of Jerusalem.

The “peaceful resolution” is build on the foundation of the lies of the “Palestinian people” and of Israel as “ancient Palestine.”

The international community has hidden its inherent anti-Semitism under propaganda spewed out as the truth by such groups as B’Tselem and Rabbis for Human Rights, who hand out to the media a perfume bottle full of a poisonous potion.

The Palestinian Authority-based Ma’an News Agency, one of the foreign media’s favorite sources for lies, told its readers last week that “Susiya villagers reportedly built homes in 1986 on agricultural land they owned, after being evicted by Israel from their previous dwellings on land declared as an archaeological site.”

Horse manure.

I have been living in this area since 1991 and frequently visited the archaeological site of Susiya. There never was a single structure in “Arab Susiya” until the late 1990s.

The State Dept. will not believe me. The European Union will not believe me. The United Nations will not believe me.

Why?

It is not because I am an “occupier;” it is not because I am a “settler'” and it is not because they care about Arabs, or “Palestinians.”

“Mr. Bean” has the answer in his portrayal of someone at the entrance to Hell, where the devil tells the Christians, “Yes, I am sorry. I am afraid the Jews were right,”

The world cannot admit it, and that is why it adopts the lie of an “Arab Susiya.”

Just ask Mr. Bean, below.

Tzvi Ben-Gedalyahu

US Policy: Passports of Americans Born on Israeli Golan Heights List ‘Syria’

Tuesday, June 23rd, 2015

The U.S. passport of an Americans born on the Israeli side of the Golan Heights must state the birthplace as Syria, according to U.S. State Department. policy.

The JewishPress.com raised several questions with the U.S. Embassy following the recent Supreme Court ruling that ruled against Congress being able to overturn Executive Branch policy concerning the stated birthplace of an American born in Jerusalem.

The policy was and continues to be that the birthplace on the passport is “Jerusalem,” without a country, regardless of whether he was born in “West” Jerusalem or in the rest of the city that was reunited in the war.

But what would happen if there were a hospital on the Israeli side of the Golan Heights and an American birth were registered there?

It may not even be a theoretical question in the near future. The NRG website reported last week that Druze in the Israeli side of the Golan Heights want to establish and maintain a hospital to treat their brethren wounded on the Syrian side of the border.

Regardless, this is American policy, updated in 2008 and stated under the bureaucratic section “M 1360 APPENDIX D  BIRTH IN ISRAEL, JERUSALEM, AND ISRAELI-OCCUPIED AREAS

(CT:CON-254)”:

  1. Background. As a result of the June 1967 Arab-Israeli War, the Government of Israel currently occupies and administers the Golan Heights, the West Bank, and the Gaza Strip. U.S. policy recognizes that the Golan Heights is Syrian territory [bold-face added} and that the West Bank and the Gaza Strip are territories whose final status must be determined by negotiations.

  1. Birth in the Golan Heights: The birthplace that should appear on passports whose bearers were born in the Golan Heights is SYRIA [capital letters appear in the original text].

Perhaps the State Department is not aware of it, but there are questions whether Syria even exists today. There is a “Syrian government” that controls a shrinking part of the country.

The Islamic State (ISIS) controls a good portion of Syria. Rebels control a healthy (or unhealthy) part. Al Qaeda also has claims.

But for now, Syria is Syria, including the Golan Heights, even if Israel annexed the strategic area 34 years ago, and even if half the population of the Golan Heights is Jewish.

Policy is policy, and if an American wants to test the unreal reality, it is only a matter of time before there really will be a need for a hospital there. By that time, perhaps Syria not longer will exist.  Since Foggy Bottom cannot possibly come up with the conclusion that the Golan Heights is in Israel, it would have to accept facts on the ground across the border. Perhaps an American born will see his passport stating, “Golan Heights, Islamic State.”

Who knows? Anything is possible with the State Department, anything except Jerusalem being recognized as Israel’s capital and the Golan Heights being considered part of the Jewish country.

The State Department regulations offer some other fascinating tidbits.

What if you were an American born before 1948, before Israel became an independent country, but in parts of Jerusalem that were only reunited in 1967? For example, let’s say you were an American born in 1947 in the Old City, which at that time was the home of Misgav Ladach Hospital.

Guess what would be written on the passport?

The policy states:

For persons born before May 14, 1948 in a location that was outside Jerusalem’s municipal limits and later was annexed by the city, enter either PALESTINE or the name of the location (area/city) as it was known prior to annexation.

“Palestine” was what all of the British Mandate was called, but the Palestinian Authority has adopted the name, which is on many of its official documents and which its schools teach means all of the Land of Israel. “All” means “all,” including Tel Aviv, Haifa, and Eilat.

There is a lesson here about the formulation of American policy. Once it is established, it is written in stone, and even a Congressional act cannot change it. This is what was learned from the Supreme Court decision that said that the Congressional Act in 1998 recognized Jerusalem as the capital of Israel does not mean that the State Department has to agree to it.

The State Department formulated its policy long ago that the Golan Heights belongs to Syria. No negotiations, No compromise. No nothing. It is Syria, period, and if tomorrow it is the Islamic State, we’ll see.

The other side of the policy is that Judea, Gaza, Samaria and “eastern, southern and northern” Jerusalem “are territories whose final status must be determined by negotiations.”

The folks at the State Department cannot be that stupid to realize that there will be no negotiations. It must know there is no one with whom to negotiate. It must know that in the eyes of the Palestinian Authority, there is nothing to negotiate except what color ink Israel uses to sign over the store, while the Palestinian Authority uses invisible ink.

Now we know why the Obama administration is so stubbornly fixed on the “peace process.’ It knows it has no chance, but policy is policy.

The State Department stated ages ago that the final status of the “territories” will be decided by negotiations, and that’s that. The world may change, but policy is a different story, especially if a change might help Israel.

The State Department decided way back when that the Golan Heights belongs to Syria, and that is why an American born there would have a passport stating “Golan Heights, Syria.”

And what if an American were born in the State Department? Is that part of the United States or is it territory occupied by policy-makers who cannot see past yesterday?

Tzvi Ben-Gedalyahu

Printed from: http://www.jewishpress.com/news/breaking-news/us-policy-passport-of-americans-born-on-israeli-golan-heights-is-syria/2015/06/23/

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