Past, present AGs decry anti-law enforcement bills
AG Mandelblit, former AGs Zamir, Weinstein and former chief justice Barak criticize recent spate of legislation against gatekeepers; bills are 'slippery slope, should worry everyone,' Mandelblit says; 'Majority rule is not majority dictatorship,' says Barak; 'Cloud should not be allowed to hang over public servants' heads, damage done to them should be minimized,' says justice minister Shaked.
Attorney General Avichai Mandelblit reiterated his objection on Thursday to recent Likud bills he says could hurt law enfrocement authorities, including one barring investigations into the affairs of a sitting prime minister and another barring police from recommending indictments.
"The recent spate of bills over the past few days and months should worry anyone, and it certainly does me. It's a slippery slope that should bother us all," he said at a law conference at Haifa University.
"These steps do nothing to advance governability. Quite the opposite: they cripple it. Claims made trying to find fault or raise doubts as to the validity of law enforcement authorities' considerations have no place. The people of the State Attorney's Office, under the tutelage of Shay Nitzan,
administer their duties with a deep, abiding commitment to the rule of law," Mandelblit stressed.
'AGs work in harsh, hostile environment'
Former attorneys general Yitzhak Zamir and Yehuda Weinstein also attacked the proposed bills, lamenting the "harsh" and "hostile" working environment Israel's attorney general has to face.
Zamir, who served as attorney general from 1978-1968 and later served as Supreme Court justice, said Israel's gatekeepers were under pressures that may influence their performance. "The attorney general's job is now harder, because there has never been a harsher working environment towards those monitoring the government's actions and compliance with the law," he said.
"We've witnessed many blunt, crude attacks against the Supreme Court recently, mostly levied against the High Court of Justice. And against the attorney general as well from time to time. It appears a war is being waged against the gate keepers. I can do naught but hope the toxic airs won't influence the attorney general's daily functioning," Zamir added.
Former attorney general Weinstein also joined the fray, saying, "The gatekeepers' recommendations go unheeded more and more these days."
Weinstein recalled the furor raised by the intention to appoint Yoav Galant IDF chief of staff and his conversation with Prime Minister Benjamin Netanyahu, in which he said there were "juridical difficulties" regarding such an appointment.
The government ended up striking down the appointment, but Weinstein said he doubted whether his stance would have been accepted today. "I'll say this cautiously: I'm not convinced statements regarding juridical difficulties would have found their mark in today's government," Weinstein said.
Former Supreme Court chief justice Aharon Barak also attended the conference and commented on investigations pending against Prime Minister Netanyahu, adding he should resign immediately if he were to be indicted.
Barak also noted that "despite the fact Basic Law: the Government only states he must resign if he is convicted, what truly matters is the court of public opinion."
"One of the biggest problems in Israel today is that when the people in power, mostly in the Knesset but also in government, ask themselves what democracy is, they think it's the rule of the majority. Majority rule, however, should not become the majority's dictatorship. There can be no democracy without human rights," the former chief justice stated.
'Trying to minimize damage to civil servants'
Justice Minister Ayelet Shaked, who also spoke at the conference, claimed that "there would be no significant difference between things as they stand today and after the (recommendation bill) is passed."
The justice minister was asked whether the bill was meant to terrorize the judiciary, to which she responded the legislation had to receive both her own approval and that of Minister of Public Security Gilad Erdan. "Its wording will be much softened. It would be congruent with the state of things today, and police would need the attorney general's consent to make their recommendation public," Shaked said.
She also explained the law would "mostly pertain to public officials who have been forced to walk with a cloud hanging over their heads for a year or 18 months after their cases were closed. The attorney general's instructions are not being enforced today, and the bill wants to shine a light on leaks as well, putting a stop to them. Civil servants are also people, and we'll try to minimize damage done to them."
