An unprecedented step: Professor Moshe Cohen-Elia, a constitutional law expert and panelist on the "Patriots" program on Channel 14, sent an open letter this morning (Sunday) to Shin Bet head David Zini demanding that he exercise his operative powers against the top brass of the Israeli judicial system.
According to Cohen-Elia, the actions of Supreme Court Justice Yitzhak Amit and Attorney Gali Baharav-Miara constitute a threat to the democratic order in Israel.
In his appeal to Zini, Cohen-Elia bases his demand on Section 3 of the Shin Bet Law, which imposes on the organization the responsibility for protecting the state's institutions from subversive activities. "I call on you to exercise your powers under the Shin Bet Law, and to request the arrest of Mr. Yitzhak Amit, the President of the Supreme Court, and Gali Baharav Mayara, the dismissed legal advisor to the government, who serves only by virtue of a judicial order from the High Court of Justice, in order to protect Israeli democracy and its institutions.".
Prof. Cohen-Elia revealed that he intends to raise the issue in an upcoming meeting with United States President Donald Trump.
He said he would ask the American president to impose personal sanctions on senior Israeli judicial officials: "I am doing this to exhaust procedures, before my meeting with US President Donald Trump, in which I will ask him, on behalf of the majority of Israelis who believe in democracy, to impose crippling sanctions on Amit and Baharav Mayara.".
He defined the current situation in Israel as a "revolt of jurisprudence," the rule of jurists over elected officials: "As an expert in comparative constitutional law, I state unequivocally that the scope of powers that the Israeli jurisprudence has assumed for itself without authorization from elected officials is unprecedented in the world. There is no example of a court that is as left-leaning and as perceived as partisan as the Israeli Supreme Court. And as you know, there is not a single country where the legal advisor has even half the powers of Baharav Meara.".
""Therefore, and based on a professional standard, I determine that what has been happening in Israel in recent years, since the verdict on the reasonableness issue - in which, de facto, the panel headed by Hayut changed the regime in Israel from a constitutional democracy to a juristocracy - is a rebellion of juristocracy in the institutions of the state and in the sovereignty of the people.".
The letter includes a series of serious accusations against Amit and Bahrav-Miara, including covering up security and legal issues.
He then referred to the conduct of legal officials and the personal background surrounding Zini's appointment: "Recently, the juristocracy even tried to thwart your appointments, while cooperating with representatives of the old hegemony in the Shin Bet for generations, and caused an exception to be made in the position of the committee that approved your appointments, so that it would be possible to demand your dismissal in light of the indictment against your brother. To justify this, they tried to attribute the cigarette smuggling case to a crime that carries the death penalty. It is clear that if you agree to relinquish your position, they will spread the case regarding your brother and make it easier for him. This is how the juristocracy works in Israel, and I think you know it well.".
Since the State Attorney's Office is, according to him, in "institutional jurisdiction," Prof. Cohen-Elia suggested that the Knesset be the one to appoint an external attorney to accompany the Shin Bet in executing the requested arrest warrants. "Since the State Attorney's Office is in this context in "institutional jurisdiction," as was ruled regarding the Attorney General regarding the appointment of an accompanying attorney, the Knesset must appoint an external accompanying attorney to the State Attorney's Office for the purpose of executing the arrest warrants against Bahar Meyara and against Amit.".
He emphasized: "I will bring your comments to the attention of US President Trump in my meeting with him. He is also concerned about the security aspects related to the excessive involvement of the Eurocratic regime in security matters, and the fear that the Eurocratic rebellion taking place in Israel will harm the stability of its central ally in time of war.".
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