1.
The ridiculous election of the Honorable Justice Yitzhak Amit to the high position of President of the Supreme Court is a historic moment in the long struggle to reform the judicial system.
After years of important moves that did not materialize, after the bullies' complete victory over the much-needed Levin reform, we finally had an event that created a dramatic turn.
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I don't think that after what happened this week, there is a single Israeli who thinks that the legal system and judges operate according to the law and honesty and are free from extraneous considerations.
So it's true, there are those who rejoice in this fact, that the judges feel free to do as they see fit in the system. But the lie has been exposed. And when the judicial system loses the trust of such large parts of the people - it loses its power. There are no judges in Jerusalem.
How far have we come since the days of the Haredi demonstration (who were the first to recognize the danger posed by Aharon Barak and his activism) in 1999 in front of the Supreme Court. I remember participating in the huge demonstration as a young yeshiva student, and then they told us: Even if you have criticism of the judicial system, and even if it is right, how do you demonstrate in front of the Supreme Court? You can demonstrate against politicians, in front of the Knesset or in front of the Prime Minister's Office, but stand in front of the court with signs against judges? Where are we coming from? Woe to a society that demonstrates against its judges. How far have we come since then, thank God.
I think about the appointments that were made in the judicial system for decades without us even knowing about them, both of district judges and of supreme judges. Did any of us know their names at all, and did we know whether one was more activist and the other was even more activist? We didn't deal with the issue. Today, not only do we know the name of the Chief Justice of the Supreme Court before he is appointed, we also know his maiden name.
So it's true, in the end, as expected, Yitzhak Amit was elected. We took a hit. But the court took a bigger hit.
2.
And if we're looking at history, there's no doubt that this affair is one of the most outrageous, even from a generational perspective: At the beginning of this week, it will be one hundred days since the arrest of the (reservist) Ari Rosenfeld. One hundred days that a reservist has been in custody, under difficult conditions, even before an indictment has been filed. And this is after three judges, in three different instances, had already ordered his release, but the prosecution appealed it again and again and again. Then Supreme Court Justice Alex Stein accepted the prosecution's appeal and ordered the detention to continue, with some kind of strange claim that Rosenfeld should not be released because he knows a lot of things because of the many days he spent in the reserve force in the Intelligence Directorate, and who knows if he won't leak more classified materials.
According to this logic, Rosenfeld should remain in prison until his last day, God forbid. He is a ticking intelligence bomb.
I have written here before more than once (and not enough!) about this seminal affair, which should not be called the affair of "leaking the document to the Prime Minister," but the affair of "hiding the document from the Prime Minister." A document that has implications for the lives of hostages, and perhaps also fighters, does not reach the political level. In essence, we are continuing the same failure of the night of October 7, leaving the Prime Minister out of the picture, and those who have learned their lesson and want not to harm the security of the state but, on the contrary, to save the security of the state - are brutally arrested as a dangerous terrorist, and then thrown into indefinite detention.
3.
But you know what? Leave ideology aside for now. Let's say Rosenfeld was wrong, and he shouldn't have leaked the document to the prime minister, okay? Is there no limit to the wickedness of the judicial system and its abuse of a dedicated reservist? Or even a mere human? Or even a cat?
The judges rule that he can be released under house arrest - and the prosecution appeals. And so on several times, with unimaginable cruelty. And two weeks ago, the head of the Shin Bet announced that there was no danger in his release - but the prosecution still opposes house arrest. The defense attorneys and members of Knesset who visit the detainee report a deterioration in his mental state (how could they not?) - and the prosecution opposes. Then District Judge Alaa Masrawa sends Rosenfeld for a review by an IPS social worker, who will check that he is not dangerous (because you can't just rely on the opinion of the Shin Bet head). And it all takes days, weeks, months. At ease. They have time. The mills of evil grind slowly.
By the way, do you know what one of the judge's arguments was for considering the option of house arrest? "Given reports of an expected lull in the fighting." You understand? Rosenfeld is, after all, Mordechai Weanunu, a dangerous spy who could sabotage the war in Gaza. But if there is a lull in the war, then perhaps an alternative to house arrest could be considered.
But the prosecutor, Adi Arad, opposes this too. And you ask yourself: How does she sleep at night? What is she telling herself? That she is saving the country from the next ordinary soldier who will see a lapse in the system and perhaps report it, and we are here to cover up for the system? That's okay, Attorney Arad, rest assured, the discouraging message has long passed. You have silenced generations of soldiers and intelligence personnel here. So why is a dedicated reservist, married and the father of a small child who has been growing up without a father for months, still in detention?
I get crazy about this wickedness every time I think about it. And I think about it quite a lot.
4.
In an attempt to understand where such opacity comes from, I rummaged through Prosecutor Arad's profile. The search led me to the State Attorney's Office Facebook page. Yes, there is such a page, which features excerpts from the State Attorney's Office's public relations. The cover, the image that appears at the top of the Facebook page, features the following slogan: "State Attorney's Office. Loyally. Fairly. Determinedly." And there, a few months ago, under the tag #_One_of_Our_People, a picture of a smiling woman was published, with the following text next to it: "Where does the late Jonathan Geffen's show and the world of law meet? And how does ballroom dancing come into the picture? Meet Adi Arad, an attorney at the Central District Attorney's Office - Criminal.".
After this promo, a short interview with the smiling prosecutor appears: "Why did you choose to work in your unit?" She is asked, and she answers: "I chose the Central District after consulting with several parties, both inside and outside the prosecutor's office. They all unanimously said, and they were right, that I would find quality human capital, mutual guarantee and friendship, alongside uncompromising professionalism in this unit. I think the fact that I decided to stay there over the years speaks for itself.".
Another question: "What achievement of yours are you proud of?".
Answer: "I think that the very fact that I work in the prosecutor's office is a great privilege and an achievement that I am proud of. There are quite a few cases that inspire a sense of pride in me. I choose to talk specifically about a case that I closed, even though the suspects (one of whom is a minor) confessed to the acts and that they were serious offenses. When I delved into the case and examined all the facts, both public and confidential, I remained doubtful about the truthfulness of the confession obtained during the investigation, and for this reason no indictment was filed against the suspects. The decisions we make are always based on an examination and evaluation of the evidence in the case, and the examination is made, among other things, while activating our inner sense of justice, which sometimes shines a different light on things, and in my opinion, most of the time, in the right light.".
Wallah. I made a note to check in which case of serious offenses the "inner sense of justice" closed the case for the suspects after they confessed to a serious act and what nationality they were. Interesting.
And finally: "Which character would you like to sit down for coffee with?" Answer: "I would be happy to sit down for coffee with the late Jonathan Gefen to tell him that somewhere in early 2004 I saw his show 'Only Dead Fish Go with the Flow,' and since then, and in almost every choice I make in my personal and professional life, I think about the all-important message he conveyed – to live, to choose, to think and to dare. Not to let the current sweep you away, to strive (literally) to the places you want to go. I would be happy to tell him how much food for thought he gave me in that show.".
And the post ends with the following words: "Where can we find you if you're not at work? Dancing at Eli Mizrahi's ballroom dancing studio. Tag other dedicated employees!""
5.
So what did we have here? "Quality human capital," "mutual guarantee," "friendship," "uncompromising professionalism," "activating an inner sense of justice," "to live," "to choose," "to think," "to dare." How many noble values can be squeezed into such a short interview with "one of our own" (when all of this is overlaid with the holy trinity slogan of the State Attorney's Office: "With loyalty. With fairness. With determination").
What lofty talk – and what dark deeds. Imagine this: Attorney Adi Arad returns with satisfaction from her work, from another day in which she managed to extend the detention of the unfortunate military reservist by a few weeks (or release someone who shouldn’t be released after committing serious offenses and confessing), takes a deep breath of happiness, and contemplates the great privilege that has fallen to her, to swim against the current. Then she goes to dance ballroom dancing at a studio in Ramat Hasharon.
At those very moments, not far away, Avital Rosenfeld, the young wife of the opposition, returns to the empty house, to Aviatar between the ages of two and a half who no longer asks where his father is. It is simply unfathomable. To what depths of cruelty, wickedness, and ignorance can human nature reach. Sorry, the lawyerly nature. Tag more dedicated workers!
