August 31, 2012, 2:36 AM
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By Tuesday, 50 Israeli families will have been tossed out of their homes in their village of Migron, which is set for destruction.
They will not be dispossessed because they unlawfully squatted on someone else's property.
The residents of Migron will be tossed from their homes - on the order of the Supreme Court - because Attorney-General Yehuda Weinstein and his associates believe they are above the law. And due to this opinion, Weinstein and his associates refuse to recognize the sovereign authority of Israel's government or to act in accordance with its lawful decisions.
The media have alternatively presented the story of Migron's imminent destruction as a story about a power struggle between so-called settlers and the IDF, whose forces will be called upon to eject them from their homes; or as a struggle between the Israeli residents of Judea and Samaria and Prime Minister Binyamin Netanyahu; or as a struggle between the radical leftists from Peace Now and its fellow foreign government-financed NGOs, and the residents of Judea and Samaria.
These portrayals are reasonable on the narrow level of day to day developments in the story of Migron's struggle. But on a more fundamental level, the story of Migron and its pending destruction is the story of the power struggle between Israel's unelected, radical legal fraternity represented by the attorney-general, the State Prosecution he directs and the Supreme Court on the one hand, and Israel's elected governments - from the Right and from the Left - on the other.
Migron is the latest casualty of this struggle. The legal fraternity's bid to wrest sovereign power of governance from Israel's elected leadership threatens our democracy. In its continuous assault on governing authority, the legal fraternity renders it difficult if not, as a practical matter, impossible, for the government - any government - to govern.
It is important at the outset to recognize that there is a world of difference between the rule of law and the rule of lawyers. The fate of Migron, which was sealed on Wednesday with the decision of the Supreme Court, sitting as the High Court of Justice, to remove all 50 families from their homes, is a legal atrocity.
Migron was founded in 1999 on 60 plots of land. In 2006, the EU-funded Peace Now petitioned the High Court claiming to represent Arab owners of five out of the 60 plots of land. Peace Now asked the court to require the state to explain why it hadn't destroyed the town, which the group claimed was built on stolen land. Migron's residents dispute this claim.
In responding to this petition, the State Attorney's Office could have asked the court to allow the issue of ownership to be adjudicated by a lower court. Instead, the State Prosecution accepted as fact Peace Now's unproven claim of private ownership of the land. And, after numerous delays, in 2011 the court ruled that the village must be destroyed.
Following its victory in the Supreme Court, Peace Now sued the state for damages for the alleged Arab landlords, claiming that the presence of the community prevented the land's owners from harvesting nonexistent olive trees. Peace Now abruptly canceled its lawsuit when the court asked for proof of ownership.
For their part, Migron's residents went through Jordanian land records and were able to find owners for only seven of the registered plots. And they managed to buy - at exorbitant cost - three of those plots. Recognizing that its claim that Migron was illegally built on private lands could no longer be justified, Peace Now changed its strategy. In the latest Supreme Court hearings, brought by Migron's residents, Peace Now claimed that the reason all the Israelis need to be ejected from their homes, and all the homes need to be destroyed, is that the village was built without proper permits.
Ahead of the court hearing last month, the government's Ministerial Committee on Settlement convened to determine the government's position on the new Migron petition. Led by Netanyahu, the ministers decided that the government's position was to ask for a continuance in order to enable the lower courts to adjudicate the claims of ownership of the land.
Rather than follow the law and represent that position to the court, Weinstein instructed attorney Osnat Mandel from the State Prosecution to inform the court he did not accept the government's decision, and ask for a continuance in order to give him time to force the government to change its position.
Addressing the court, Mandel said, "The attorney- general believes that the ministerial committee's position will raise legal difficulties. And since we're requesting a continuance for undertaking the evacuation anyway [for unrelated reasons], he requests [time] to hold meetings with the elected leadership."
On the face of it, Weinstein's defiance of a legally binding government decision was unlawful. Certainly it would appear to be grounds for his immediate firing. But while shocking, Weinstein's rank insubordination was not unique.
As relates to Israel's legal rights in Judea and Samaria, Weinstein is guided not by the law but by the ideology of the far Left. This ideology received formal expression in a 2005 report on unauthorized Israeli communities in Judea and Samaria authored by former assistant state attorney Talia Sasson. The Sasson Report represented a wholesale renunciation of all Israeli claims to legal rights over Judea and Samaria. It was unhinged from both Israeli and international law.
And it was embraced by the legal fraternity.
After Sasson finished her report, she joined the post-Zionist Meretz Party. In 2009 she ran unsuccessfully for Knesset.
In an attempt to mitigate the damage Sasson's report caused to Israel's legal position in Judea and Samaria, in February Netanyahu commissioned retired Supreme Court justice Edmond Levy to lead a task force of distinguished jurists and present the government with a report setting out Israel's legal rights to Judea and Samaria. Netanyahu asked Levy to also offer recommendations for implementing those rights in relation to the Jewish communities in Judea and Samaria.
Weinstein didn't even wait for the Levy Commission to begin its work before he sent Netanyahu a letter informing him that the commission's report would have no impact on his handling of issues related to Israel's rights to the areas. And as his decision to ignore the legally constituted ministerial committee's position on Migron made clear, Weinstein continues to behave as though he and his colleagues sit above Israel's democratically elected representatives.
Many on the Right are urging Netanyahu to adopt the findings of the Levy Commission as official government policy. While such a move certainly can't hurt, it is hard to see what difference it would make in practice. Weinstein has already pledged to defy the government. So even if the report is adopted, the government's lawyers will refuse to defend its positions.
Weinstein is only able to behave as he does because he operates in an environment where the Supreme Court has usurped the power of Israel's elected governments to determine state policy.
At the same time that then-Supreme Court president Aharon Barak declared that "everything is justiciable," the court gutted the requirement for legal standing. It has worked hand in glove with radical groups like Peace Now to dictate government policy. Through this collaboration, the court - not the government - determines Israel's policies on everything from Israel's legal position in Judea and Samaria to environmental issues, to the nature of Israel's penal system, to homosexual unions, to education policy, to permissible military tactics in wartime.
In this environment of judicial tyranny, Weinstein can freely undercut governmental authority, because he knows that so long as his breach of trust pushes government policy to the Left, the Supreme Court will support his unlawful actions.
Aside from Migron, the most striking example of the legal fraternity's recent collaboration to undercut governmental authority was its torpedoing of the government's February 2011 appointment of Maj.-Gen. Yoav Galant to serve as the IDF chief of staff. At the time, the court agreed to hear a petition submitted by the Green Movement demanding the cancellation of Galant's appointment.
The Green Movement claimed Galant was unfit to lead the military because in the past he had committed an administrative infraction by wrongfully using state land adjacent to his homestead on Moshav Amikam. The Green Movement had no direct interest in Galant's administrative infraction and therefore, if the Supreme Court followed even the lowest standards for standing, it should never have received a hearing.
Even with the forbearance of the court, the Green Movement's ability to win the case was dubious at best. The Senior Appointments Committee had already vetted Galant's candidacy, and approved it despite his misuse of state lands. But Weinstein had other plans.
Claiming he had "ethical difficulties" defending Galant's lawful appointment, Weinstein refused to defend the government before the Supreme Court. Consequently, Weinstein compelled the government to force Galant to resign his commission and appoint someone else to serve as the IDF's top commander.
Netanyahu has come under sharp criticism, particularly from his voters, for his refusal to stand up to Weinstein and his band of legal despots. And this makes sense. Netanyahu should have stood up to Weinstein in defense of Galant. And he should have denounced Weinstein last month for his unlawful defiance of the government on Migron. He should also stand up to Weinstein on the Levy Commission report, and just as a matter of policy, adopt its findings as the formal position of Israel's government.
But even if he does these things, all they would serve to do is temporarily mitigate the frustration of his voters. They wouldn't change the basic calculus of power. The fact is that today Netanyahu lacks the means to curb the legal fraternity's abuse of power.
The media staunchly defend every move the legal fraternity takes to usurp the powers of the government and the Knesset. Indeed, the media represents the legal brotherhood's unlawful moves as supreme acts of selflessness on behalf of Israeli democracy and the rule of law.
Every potentially powerful critic of their behavior has found himself the subject of protracted criminal probes. This includes Netanyahu during his first term, Foreign Minister Avigdor Liberman for the past decade, former justice ministers Tzachi Hanegbi and Haim Ramon, and Justice Minister Yaakov Neeman during his first tenure in office.
The dispossessed residents of Migron are just the latest casualties of the legal fraternity's campaign to force its radical agenda on an unwilling electorate. If we wish to save Israel's democratic system, the people of this country must stand up and demand that our representatives protect our right to be governed by those whom we elect and not by self-appointed clerks.
The only suitable response to Migron is a legislative overhaul of Israel's legal system.
Originally published in the Jerusalem Post.
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In your assessment of the great evil being done to the Jews of Migron by the secular government of Israel, the most faithful and obedient segment of Israel in rebuilding Zion in obedience to God's command faithful Migron you inadvertently reveal something about your man Netanyahu,he's impotent,a failure and in the end worthless and very bad for Israel.
HE ALWAYS GIVES THE LEFT WHAT THEY WANT AND NEVER FIGHTS FOR WHAT HE CLAIMS TO BELIEVE IN BECAUSE HE IS A FRAUD OF THE HIGHEST ORDER.
The fact that you deflect to the Israel's low Court of Pagan's and Clowns ignores the fact that the lap dog Prime Minister's chosen left hand man is the Retreat and Demolish Jewish Homes Minister Barak.
There is no defending the spineless,backstabbing politician Netanyahu on this evil act against Migron that will bring down the wrath of God on am Yisrael.
The cost to Israel for this evil will be unbearable because the nation has provoked the anger of God.
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Latest News- After Egypt's President Morsi ordered two submarines from Germany
Lame Minister Netanyahu and his sidekick ,Retreat and Demolish Jewish Homes Minister Barak in keeping with their secular vision of weakness and failure requested that Egyptian President Morsi give Israel dhimmi status under their unfolding caliphate.
I have been following the Migron issue on IBA News and am at once ashamed, furious and saddened at the state of affairs. Last night I was treated to a lecture by Mossi Raz of Peace Now and it served to reinforce the depth of depravity to which the Left has fallen in their attempt to appease the enemy. You state "Weinstein continues to behave as though he and his colleagues sit above Israel's democratically elected representatives." As I see it they actually do sit above Israel's democratically elected representatives in that they are able to influence most if not all decisions to their radical ideology. At this point we hardly have to worry about our enemies defeating us. The Left is doing a splendid job. I then ask for what purpose. It won't make our enemies love us more. They will only laugh at our continuing stupidity. It is time for big change. Thanks once again Caroline for a job well done. Now if people would only listen. Shabbat shalom. We need HaShem's help more than ever to find our way back.
The Israeli legal system has gone astray.
Why does Weinstein see fit to defy G-d's will and the will of His people of Israel?
Doesn't Israel have enough enemies to contend with let alone it's own Supreme Court.
Israel, you have come a long way and have accomplished much for your people and the world.
Caroline said it best:
If we wish to save Israel's democratic system, the people of this country must stand up and demand that our representatives protect our right to be governed by those whom we elect and not by self-appointed clerks.
Excellent and true article.
Yes, there is the Muslim Brotherhood and Media Legal Brotherhood both working for the same goal - destruction of Israel.
So the Left doesn't have an executive dictatorship yet, just a judicial dictatorship?
Still better than "executive order" Obama.
There has to be a way to elevate the idea of nationalism over the idea of the "one world government" totalitarian dictatorship of the Left.
"impossible, for the government - any government - to govern." - As long as the media side with the unelected lawyers in their usurpation of power from the people, there's no hope for democracy in any country.
And Israelis let this happen? I'm sure somebody could find a couple of ropes and a traffic bridge.
Why not just turn everything over to the left and Palestinians and be done with it? That's what is going to happen anyway. Just make a law to have it happen next month and save time and money. Everybody who doesn't want to die along with their families can leave before that.
They threaten your families and you do nothing? You let them get away with whatever they want because they dress it up in fancy words? You fought for a country, a haven only to have traitors give it to your enemies and killers?
I don't know what to say but I do know that the Israelis I remember would be kicking the s*it out of these people and dragging their sorry asses off to prison. I guess because they use fancy words it makes everything OK.
It's real simple. You have dangerous traitors amongst you and you must deal with them before they get you and your family killed. Fail and that will be the result. That or slavery. Those are your choices.
It seems like the people who "managed to buy - at exorbitant cost" - three of those plots, were prepared to do the right thing. According to our religious law, and judicial law.
By the way would you explain exorbitant cost? I know that you always pay more than things are worth, and if you had the upper hand in a deal you would not take advantage.
That was tried before and failed in the Kenesset. Untill there is a investigation into the possible real reasons for these leftist court decisions and exposure to the Israeli public will you see real change. If I was in the Kenesset or a reporter I would look for any possible curruption or foreign political or financial influences on the judges and these cases. That will be the only way to force Bibis hand to change the legal system and the Judges.
Time for an Israeli constitutional convention. The present system and distribution of powers is wholly inadequate to meet the challenges which lie ahead.
Dear Caroline
The courts in Israel seem to take lessons from American courts. For the praise of a few, they hand the Arabs all the arguments they need to claim Israel stole the land and it’s not theirs ever. As the world looks at the Jewish court which believes the land was not given to them by God. The Jewish court system can't figure out what the Bible says about the land there living in, no wonder the world can ignore what the Bible says also. If the judges keep telling the world the Arab's are right, they should be looking for a job and a place to live overseas away from Israel. God scattered the Jews once because of rebellion, now the courts in rebellion against God wants to scatter them again. I wonder if God thinks, I'm doing everything I can to bring my Jewish people home and the leaders are doing everything they can to stop them and those who are there throw out. Jewish people excel in about everything, but the courts must have the poorest quality of people there is. God bless you Caroline, keep up the good work.
Perhaps Israel won't have to worry about a nuclear Iran bringing about its destruction..perhaps, just as Abraham Lincoln observed, that no foreign enemy could defeat the United States, but that its destruction would come from within, so too with Israel-it's destruction will come from within. What a pity..after waiting and wandering for 2000 years, strangers in strange lands and abused and killed at the whim of those strangers, Jews who performed the genuine miracle of the 20th Century will have done so only to ultimately fail. Once more, Jews will be dependent on the good will and charity of other countries; until, sometime in the future, another Hitler will arise and target the world's Jews for extermination. So much for adjudication!
Not a lot of liberals here. Being a Jewish American liberal I'm sure disqualifies me further. Sometimes the judicial branch represents a check on the power of the executive. I believe that's true in Israel as it is here in America. I don't like the idea of anyone being forced to leave their home, (Israeli or Palestinian). It is necessary to negotiate a peace agreement to define the borders and a system of security that defends them. Migron is a victim of a continuing war of attrition that as you know Caroline includes dozens of Palestinian homes and hundreds of people that continue to be displaced through the Israeli policy of house demolitions.
The Israeli Supreme Court Building in Jerusalem has the shape of a Freemason Temple. Google it. Freemasonry does not necessarily serve Jewish interests, because it is in tune with occult world domination, the so called New World Order.
My heart cries when I think of "the Settlers". Their spirits inspire me. Thank you.
And the traitors to Israel from 972 mag are not exiled from their homes.
If America and Israel obeyed God's law they would have divine protection from their enemies. America's leaders and Israel's leaders have left God out of the picture. As it was in the time of the judges everybody did that "which was right in their own eyes." Without God's laws they are doomed to fail.
The Bible is a 7000 year book. Each day of the week represents 1000 years in God's plan. The first 6 days of the week picture the first 6000 years with this world under the influence of Satan with humanity trying different forms of government (all doomed to fail).
The 7th day of the week (the 7th day Saturday Sabbath) pictures the 1000 year rule of the Kingdom of God on earth.
The weekly Sabbath contains rich typology in that it represents the millennium - 1000 years of peace on earth after 6000 years of war and strife among and between peoples and nations.
The entire plan is revealed in Leviticus 23. The annual holy days contain that information.
The spring holy days picture past events.
The fall festivals picture future events.
The feast of trumpets pictures World War III and then divine intervention in world affairs to prevent the complete annihilation of the human race.
The day of atonement pictures Satan being banished for 1000 years during the millennium (pictured by the 7th day Saturday Sabbath) and the world being one with God finally learning God's way of life and living by the ten commandments.
The feast of tabernacles means our physical bodies are temporary dwelling places and we look forward to our permanent home as spirit beings in God's family. This festival also pictures the 1000 year peaceful Kingdom of God on earth.
The last great day after the feast pictures all those who have lived and died in the past not knowing the truth who will be resurrected from the dead and given their first chance or opportunity for salvation.
God is fair and is going to give everyone who has ever lived a chance for salvation. A chance means being given an opportunity for understanding.
Without this knowledge people just live and die not knowing why wars happen or why bad things happen to people in the world.
Also people are not sure what happens after death. The Bible shows people who have died are asleep in the dust of the earth with no sense of the passage of time waiting for the time of the resurection from the dead.
The Bible has the answers to all the most important questions of life.
What happens after the 7000 year plan? The prophet Isaiah wrote, "Of the increase of his government and peace there will be no end"...(Isaiah 9:7).
The city of Jerusalem has a destiny. Not only will it be the capital of the world during the millennium, but it will also be permanent headquarters when God's government will expand out into the universe.
The Kingdom of God will be set up on this earth soon. There is hope for humanity and this is good news.
It does not matter whether people believe it or not because it is going to happen anyway.
The residents of Migron have it right- the 'settlement' movement will continue to grow, it will not be stopped by expulsions like this. In spite of the appalling betrayal by Israel's power brokers (both left and pseudo right) who refuse to stand and claim the land, I am fully reassured by the word of the God of Israel who is bringing Israel back to the land forever and who is far, far bigger than any of this. Israel has no leaders to lead her, but she has the Almighty. The so-called 'settlers' establish and grow their communities with the strength of faith- against all apparent odds, they will prevail. Same goes for the growing movement in Israel calling for full annexation of Judea and Samaria (go, Caroline, in that arena)- it will prevail, I am sure of this, because of the promise of the God of Israel to see this through- for His name's sake. The day is coming when He says 'enough' to Jews driving fellow Jews from the land and 'ENOUGH!' to the nations behind them.