Israel’s Supreme Court decided on Monday not to issue an injunction barring the Knesset from approving the Government’s decision to appoint Shas Chairman Aryeh Deri to head the Interior Ministry from which he resigned in disgrace in 1993. The court was responding to an appeal by the Movement for Quality Government in Israel to revoke the government’s decision and bar it from bringing it to a Knesset vote.
However, Justice Noam Sohlberg wrote in his ruling that the appointment is not irreversible and that the appeal would be heard soon by a Supreme Court panel.
Back in August, Supreme Court Justices Esther Chayut, Hanan Meltzer and Uzi Fogelman unanimously rejected an appeal of the Movement for Quality Government against the appointment of Deri as any kind of minister in Netanyahu’s cabinet, despite his past criminal conviction and the fact that he served time in prison.
The Movement for Quality Government argued that “the decision of the prime minister to not remove Deri from his post is extremely unreasonable. The fact that Deri knowingly, consistently, systematically and deliberately took bribes from the public coffers and was stained by disgrace should justify his removal from office.”
Deri’s side argued that “given the fact that he was elected as member of Knesset from Shas in the last two elections, interference in the decision to appoint him to the post of minister may violate the principle of separation of powers and damage the public’s confidence in the courts. The court must respect the election results and the will of the voter.”
Speaking for the panel, Justice Chayut said that “in debating the appointment of a candidate convicted of serious crimes to serve the public, we were faced with two sets of considerations that must be balanced. On the one hand, we must consider the criminal past of the candidate and the seriousness of his actions, and on the other hand, we must consider the length of time that has passed since the offense and since the conclusion of his served punishment, as well as his conduct from that point to date.”
“The question to be determined is whether the passage of time dulls the sting of the candidate’s criminal past so as to enable the public to appoint him to a high ranking position,” Justice Chayut said.
The panel has reached the decision that the fact that some 13 years have passed since Deri finished serving his prison sentence must be balanced against the question of is it reasonable to appoint a man such as him.
They concluded that although the ultimate decision by the prime minister, to appoint Deri, fell uncomfortably close to the boundary line in terms of being reasonable, they felt obliged to concede to the prime minister the power to decide this way.
The Talmud’s view on this issue is illuminating. Rav Yehuda said in the name of Shmuel: Why did the kingdom of Shaul not endure? Because no reproach rested on him (King Shaul was morally perfect). For Rav Yochanan said in the name of Rabbi Shimon ben Yehozadak: You should not appoint a public servant unless he drags a box full of vermin on his back, so that if he becomes arrogant, you can tell him: Look what’s hanging on your back. (Yuma 22)
And so, the next Interior Minister in Netanyahu’s cabinet is certified to serve, both according to the Talmud and according to the Supreme Court in Jerusalem.