Netanyahu fires Deri from cabinet after High Court of Justice ruling
‘This decision ignores the will of the people,’ PM says
prime minister Benjamin Netanyahu removed shas chairman Arye deri from his position as interior and health minister on sunday, in accordance with the high court of justice’s ruling last wednesday that deri was unfit to serve as a minister due to his criminal past.
“As is known, I decided to appoint you as deputy prime minister and interior and health minister with the approval of the majority of Knesset members due to the fact that I see you as an anchor of experience, intelligence and responsibility that are important to the state of Israel at all times, and especially at this time,” he wrote in a letter to deri, which he read out loud at the weekly cabinet meeting.
“I also thought that it was important that you serve the state of Israel as a member of the national security cabinet in my government and contribute due to your many years of experience as a cabinet member in the governments of the late prime ministers yitzhak shamir and yitzhak Rabin – rich experience that contributes to the security and resilience of the state of Israel.
“unfortunately, despite the above, on january 18, 2023, the high court of justice decided that I have an obligation to remove you from your position as interior and health minister. this unfortunate decision ignores the will of the people, as reflected in the great trust that the public gave to the people’s representatives and their elected officials in my government, when it was clear to everyone that you would serve in the government as a senior minister.
“I intend to look for any legal way in which you can continue to contribute to the state of Israel from your vast experiences and skills, in accordance with the will of the people.
“however, following the provisions of the said judgment, I must inform you that according to section 22 (b) of the Basic Law: the Government, I am forced with a heavy heart, with great sorrow and with extremely difficult feelings, to remove you from your position as a minister in the government,” Netanyahu concluded.
he waited until sunday despite a letter from Attorney-General Gali Baharav-miara on thursday that called for him to fire deri, reportedly to give his longtime ally time to decide whether to resign on his own accord. the delay created tension, as some politicians accused Netanyahu of purposely dragging his feet and showing contempt for the high court.
the termination of deri’s tenure will come into effect on tuesday morning.
deri still attended the cabinet’s weekly meeting on sunday, reportedly because its agenda included an update regarding the national health basket, which the health
Ministry under his lead had worked on last week. His seat to Netanyahu’s right was left vacant while Netanyahu spoke to the press at the beginning of the meeting. He entered the meeting after the press had left the room and did not stop to speak to reporters in the hallway.
However, the Likud released a picture from the meeting of Netanyahu and Deri speaking to each other, presumably to show that Netanyahu still considered him an ally.
Deri later on Sunday participated in a meeting of all of the coalition party leaders, and a picture was circulated from that meeting as well.
In response to the cabinet meeting, opposition leader Yair Lapid said in a statement: “What we see here is not a government, it is a circus. Netanyahu is weak, but already today he should appoint a full-time health and interior minister.
“In the cabinet meeting this morning, Deri was fired due to corruption, but the ministers from the Religious Zionist Party boycotted the meeting in protest of the defense minister abiding by the law.
“What did they not talk about? Senior citizens, students, high cost of living, violence in our streets [and] young parents.
“The citizens of Israel should not pay the price for this government’s corruption and mayhem,” Lapid concluded.
The High Court ruled that Deri’s appointment as a minister was “extremely unreasonable” both due to his criminal past and because he had intentionally misled a court approximately a year ago when he promised that he would not rejoin politics, presumably to receive a lenient plea bargain for tax offenses.
The ruling was a 10-1 decision. Some of the justices in the majority refrained from ruling whether the appointment was reasonable, since misleading the courts was enough to disqualify him. The minority opinion by Justice Yosef Elron was that Netanyahu was required to turn to the Central Elections Committee chairman, Supreme Court Justice Noam Solberg, to determine whether Deri’s actions in his 2022 conviction had included moral turpitude. If so, Deri would be barred from serving as a minister for seven years.
Deri may still remain an
the weakest populations and lift them from the circle of poverty, as I declared when the plea bargain was approved. Thank you very much,” Deri concluded.
In response to Deri’s removal, Construction and Housing Minister Yitzhak Goldknopf (United Torah Judaism) said: “In addition to my many years of acquaintance with minister Rabbi Arye Deri, I had the opportunity to sit alongside him in a number of government meetings. He is one of the most outstanding and talented ministers, a great man of action. It is not a coincidence that hundreds of thousands of citizens voted for him.
“I heard from the prime minister that at the national security cabinet meetings, his wisdom significantly influences and contributes to the security of the country.
“United Torah Judaism will act as much as it can and will be a partner in any move to quickly return Deri to the government’s table. As far as our ministers are concerned, Rabbi Deri continues to be the minister, and that is how he will be treated,” Goldknopf said.
National Unity Party chairman Benny Gantz said: “Netanyahu did well to follow the High Court’s ruling and fire Deri, despite the political difficulty and the disagreement. At the same time, it is greatly unfortunate that we have come to a point where following court rulings have become something that is not a given. We must always remember, ‘Without fear of the government, people would swallow each other alive,’” Gantz said, quoting from Pirkei Avot. •
REFORM
and we need a more welcoming place that will draw more talent.”
“We also need to be consistent with what’s happening in the world on the ESG [environment, social and governance] front,” he said. “Companies and investors really do care about whether a country supports diversity and inclusion. There are some major investors around the world that have made it very clear that this is part of their evaluation for investing, and so if we go against that trend, it will hurt us.”
Rabinowitz said this emphasizes the importance of the High Court’s authority within the legal system.
“Even if you have a government with views that are racist, and anti-gay and against the Arab-Israeli community, etc., if you have an independent High Court, it’s shown again and again that it can protect minorities and protect against a government that tries to overreach,” he said.
Prof. Dan Ben-David, head of the Shoresh Institution for Socioeconomic Research and an economist at Tel Aviv University, said the government’s hawkish approach to the West Bank and Gaza Strip would likely harm Israel’s
economy from a foreign perspective.
“Adoption of the one-state solution without any indication of providing equal rights to all inhabitants of the West Bank would act as a turbocharger to BDS activity and attendant embargoes against Israel, with legal implications and consequences for Israeli companies searching for foreign investments in their activities and for export opportunities abroad,” he said.
According to Zviran, the damage done by legal reform would be extremely difficult to reverse.
“I don’t see a way to recuperate from it if it happens,” he said. “I think the government is convinced that it is going the right way, without considering the consequences in depth.”
Since the legal reform is one of the primary tenets of the new government’s platform, “They likely won’t be in a position to backtrack,” he added.
Many Israelis who have similar concerns think preventative action is the best course of action and are holding frequent public protests and sending letters highlighting entrepreneurs’ concerns to the prime minister.
Ben-David offered a glimmer of optimism amid what he said was a dire situation.
“The good news is that a very large and growing cross-section of Israelis – Left, Center and Right, religious and secular – have begun to push back,” he said. “This is a country that has a history of getting its act together when its back is to the wall. We are at just such a point today.”
One glaring issue is that there seems to be little outcry from interested parties outside the country, Rabinowitz said.
“A lot of people are asleep outside of Israel,” he said. “The US Jewish community, US political leaders and investors that invest a lot and put a lot of energy in Israel are all silent right now. They’re all going to complain after this is done, so it’s really important that they raise their voice now, not later. They need to share their perspective and say they want an Israel that is a democracy, which includes protecting the rights of minorities and includes having a rule of law, and it includes having an independent judiciary.”
“Tech is a super exciting place to be, and as well as being a leader in the world, we’re all moving forward,” Rabinowitz said. “But it’s important for everyone who is going to be influenced, not just in Israel but also those on the outside, to speak now – not to wait for the change and only then get involved.” •
LEADER
That, too, is not helpful. Cases like this – when two sides of the political spectrum are pulling in different directions – are the true test of leadership, and it is
exactly for moments like this when an adult is needed to stand up and try to bring everyone to the middle and to a compromise.
In an ideal Israel, that would be the job of the prime minister. During his 15 years as prime minister, Benjamin Netanyahu knew how to fill that role. Economic decisions, military decisions and even political decisions were almost always carefully weighed between the political interest and the national interest. Netanyahu’s trademark was caution, and even when making decisions that were going to be unpopular, he tried to make them popular.
We saw an example of this play out on Friday after the evacuation of an illegal outpost. Netanyahu pushed aside criticism from Finance Minister Bezalel Smotrich and explained that while the government supports the settlement enterprise, it will not allow people to take the law into their hands. Netanyahu spoke up to deflect attacks against Defense Minister Yoav Gallant, who had ordered the outpost’s removal.
It was a case in point of the role a prime minister needs to play – here were two ministers pushing different agendas, and he comes in to resolve the dispute.
He should be doing the same now with regards to the judicial reforms. Imagine a situation in which Netanyahu steps in, gives Levin some of what he wants and then tries to ease the concerns of the opposition.
The problem is that he is not doing so. The first reason is that Netanyahu wants the full reforms to go through. He supports them, and for that reason he appointed Levin to the Justice Ministry. The silence of the Likud moderates – the likes of Nir Barkat and Yuli Edelstein – is telling.
And then there is the second reason Netanyahu will not step up – he is on trial. Just a few years ago, Netanyahu hailed Israel’s “strong and independent” judicial system and said it was the protector of all other institutions in the country. “This is the reason that I am doing, and will continue to do, everything I can to protect the court system [so that it remains] strong and independent,” he said at the time.
What changed? Did Netanyahu suddenly undergo an ideological shift? We already know the answer. What changed is his personal status, which for better or for worse, is the reality today.
Does this mean Netanyahu cannot do what prime ministers are meant to do? Not necessarily. Despite his trial and past personal challenges, he has been known to put the country first. He has an opportunity to do so now. It is time he steps up. •
said, adding: “According to Basic Law: The Government, there is a clause that says ‘What happens when the prime minister is no longer available to fulfill his role [and] is unable to?’ And the thought behind this clause has nothing to do with conflict of interest or corruption or attorney-general or anything else. It has to do with the fact that the prime minister is simply not available to do his job.”
Shinar cited the example of former prime minister Ariel Sharon.
If the prime minister was in a coma and unable to fulfill the role for 100 straight days, then he would be considered unfit and need to be replaced, he said, adding that the idea behind the clause is that the prime minister is sick or missing.
“The idea that you can use this clause in this particular case – that because of the conflict of interest and because we suspect that even though he’s not supposed to, he is involved in the legal reforms – and to use that in order to declare him unavailable, it basically means to depose him,” he said. “You’re basically saying he cannot be prime minister. That is quite a leap from the original understanding of this clause.”
Shinar said it would need to be proved that Netanyahu was pushing for the legal reforms. The prime minister has largely been quiet about the reforms, and they are under the purview of Justice Minister Yariv Levin and Knesset Constitution, Law and Justice Committee chairman Simcha Rothman, he said.
Even if all these requirements were met, the societal and political will does not exist for such an unprecedented move, Shinar said.
“There’s just never been a case in Israel society where the legal advice is that the government has declared the prime minister unable to serve,” he said.
On Thursday, Baharav-Miara said the conflict-of-interest agreement made by her predecessor, Avichai Mandelblit, was still in effect. The agreement conditioned Netanyahu’s forming of the government in 2020 and was upheld in 2021 by the High Court.
Netanyahu is undergoing trials in several corruption cases. According to the agreement, he is unable to use his prime-ministerial powers to appoint law-enforcement authorities and intentionally impact the witnesses in his cases.
According to Israeli media reports, a 2021 ruling on the conflict of interest might allow the attorney-general to declare Netanyahu unfit to serve, and the Attorney-General’s Office was examining the ruling and considering doing so.
“I don’t know who published this, and what the motivation behind this was and what they wanted to achieve out of this,” Shinar said. “Maybe they wanted to deflect attention from what was going on to something that is not going to
happen, which is going to put the spotlight on the attorney-general [and] on the legal advice to the government instead of what’s going on.”