PM Netanyahu’s Appeasement of Hamas = Increased Terror Attacks = Dead/Maimed Jews. Why Won’t He Change Course? Commentary By Adina Kutnicki

FROM the get-go, let the following be stated for the record: within these pages, it matters not a whit which political party one is appended to – either in America or Israel, the main pillars of Western Civilization, or of what’s left of it. But what does matter are the policies enacted by the party in power and the impact on national security. Understood? Mind you, the aforementioned dare not be misconstrued as “hindsight is 20-20”, in so far that certain prescriptive/strategic policies have already been proven to be contributory factors to the most heinous outcomes.      A + B. Besides, as Albert Einstein is credited with saying, “The definition of insanity is doing the same thing over and over again, but expecting different results.” Plain and simple.

NOT only that, there are some players (who shall remain nameless) in Israel who would rather that certain mouths stay shut, as if they are the arbiters of who gets to say what’s what.  Imagine that. They insist that any criticism of Israel’s elected echelon – as embattled as the nation is – is dangerous, never mind unseemly. Hogwash. In fact, the opposite is the case. For to be silent IS to agree, and that would be beyond cowardly. Dangerous to the max.

BE that as it may, it is not for nothing that a particular alarm bell – vis-à-vis this very issue – sounded in June 2012 at American Thinker, as well as at Israel National News via “The Paradox of Israeli Politics: Vote Right, Get Left.” Effectively, as the title implies, regardless of who sits at the helm (specifically, PM Netanyahu, akin to the late PM Sharon, AKA “the bulldozer”….view the above explanatory video), be they so-called right-wingers, self-described centrists, or holier than thou, banshee-shrieking leftists, the facts are what they are. The following is an excerpt from June 2012:

…….How can this be?  How can an overwhelming majority of the electorate’s (right-wing) voice be negated, thus allowing the left to rule, regardless of the majority’s wishes?

Briefly, according to Dr. Martin Sherman (an eminent Israeli political scientist and the founder of The Israeli Institute for Strategic Studies) in “Who really runs Israel?” (Ynet, 4/21/2010), “[a]lthough the right wing consistently wins elections, it never really gets into power. It is a phenomenon that can only be explained by the existence of some influence extraneous to the political system that imposes policy outcomes that diverge radically from those that should be expected from regular operation of political routine.”

Furthermore, few understand the “unholy alliance” among Israel’s civil society (funded and fueled by foreign NGOs), AKA its ruling elites, and their pernicious affect upon Israel’s policy outcomes.  They operate with impunity inside media, legal, diplomatic, and cultural institutions, mainly schooled by post-/anti-Zionist academics headquartered within social sciences/humanities departments.  The above unelected functionaries act as cheerleaders/disseminators for rulings imposed (or about to be) by a predisposed leftist, pro-Arab court system.  In turn, pressure is exerted upon the political leadership to execute their dictates.  Indeed, Israel’s court system has supplanted its legislature.

The toxic mixture of civil society elites servicing unelected Supreme Court justices (they choose their own replacements) led to the following recent — out of volumes of others — pro-Arab ruling.

According to Moshe Dann (a Ph.D. historian) in his op-ed “Who makes the law?” at the Jerusalem Post (March 28, 2012): continue the truth-telling here…..

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ALL of which circles back to PM Netanyahu’s faux persona of a right-wing, nationalist leader, juxtaposed against what the real situation, AKA matzav / מצב, is on the ground – even as he bloviates that he is the only one capable of keeping Israel’s encircling enemies at bay! Balderdash. Moreover, for added heft and facts at large – as to what really transpired under his almost decade-long governance – see here, here, here, here, here, here, and so on. Trust, “Mr. Security”, he is not.

EVEN so, as is said, what else is new under the sun? Or, more aptly, under the continued political umbrella of “Mr. Security?” As it happens, more of the same re appeasement – and then some.

STILL, if this Jihadi expert appears too harsh and unyielding in said assessments, so be it. But if some (skeptical) readers prefer an outside analysis, look no further than to a most recent Intelligence report (12/14/18) from Jerusalem-based DEBKAfile, a world renowned site in Military Intelligence – that which, over the years, just happens to dovetail with this site. It is what it is.

Evidence is mounting that the extremist Tanzim wing of the Palestinian Fatah is complicit in the Hamas onslaught of terror in Judea and Samaria, which has claimed 5 Israeli lives and injured 12 in Judea and Samaria in recent weeks. This is reported by DEBKAfile’s counter-terror sources.

The clincher was the discovery of the Barkan killer, who had evaded capture for five weeks, in the Askar refugee camp of Nablus – only after Israel’s security forces caught up with another terrorist who was linked to the Dec. 9 Ofra shooting at the Sudra village in the Ramallah district. A four-day old infant died after that attack in which 7 people were injured.

Ramallah is the seat of the Fatah-ruled Palestinian Authority and the movement’s institutions. It is increasingly evident that Tanzim, Fatah’s armed wing, which was mostly dormant after the second intifada (Palestinian uprising) of 2000-2002 was defeated, is extending clandestine support to the Hamas network terrorizing Judea and Samaria in recent weeks. The latest outrage occurred on Thursday, when a Palestinian gunman murdered two IDF soldiers and injured a third soldier and a young woman at the Asaf Hill junction near Bethel…..

Earlier this year, Israel warned Al-Aloul that if did not drop this plan, the clandestine terrorist cells he was building would be wiped out. However, Israel made no move against him or Tanzim since then. Therefore, the mass demonstrations Tanzim and Hamas have called for this Friday in all parts of Judea and Samaria will offer resounding proof that they are hand in glove for terror.  Israel is confronted with a major security challenge in the weeks and months to come.

AGAIN, as this site has repeatedly stated: appeasement = increased terror attacks = dead/maimed Jews! Incontestably. 

Gal Berger גל ברגר

@galberger

Exclusive: 3 suitcases w 15 million dollars in cash entered Gaza today w the qatari envoy through Israel (Erez crossing point). The money goes to Hamas, to pay salaries of civil employees. Exclusive pic:

 

ALAS, if it still is not enraging enough, as well as equally convincing by now (through ample evidence at these pages, and amassed at mainstream interviews too) that PM Netanyahu’s highly-charged rhetoric never matches his promises to “clampdown” on terror, well, blinded eyes are hardly a suitable substitute for protecting Israel’s citizens from Mohammedan Jihadists. Agreed?

IT gets worse. In reality, if not for his “stamp of approval”, the transfer of millions in Qatari cash – actually, blood money – wouldn’t have reached Hamas’s terror masters! Ostensibly, this payoff is to assist “poor” Gazans – as if that makes it any more palatable. After all, since when is caring for an enemy population PM Netanyahu’s mandate, let alone, morally supportable? Meanwhile, Hamas terrorizes and murders Israel’s citizens at will and gets paid to boot! The question isn’t: why do they continue to terrorize? Rather, it is: why wouldn’t they? After all, terror pays – BIG time! Pray tell, who are the crazies in this unbalanced and unhinged “strategic” calculus? Asked and answered.

RESULTANT, dear reader, see if you can spot any spitting distance between “Mr. Security’s” outrageous so-called security policies/strategies, as opposed to  leftist-babbling MK Michaeli. As expected, her (akin to like-minded leftists) emphasis is on the moribund and deadly “peace process“, even as she insists that “we must persevere.” Amidst it all, is the very same (decades-long) blah, blah which has cost the lives of tens of thousands of innocent fellow citizens, with countless maimed for life. 

Member of Knesset Merav Michaeli (Zionist Union), toured the scenes of the attacks in Givat Asaf and the Ofra Junction on Sunday with other members of the Knesset Foreign Affairs and Defense Committee.

Michaeli told Arutz Sheva, “In the war on terror, there is no coalition and opposition. In the war on terrorism, we must persevere whether or not there is a peace process. But we must understand that without a peace process we will forever be condemned to fight terrorism and with a peace process, we will end terrorism sometime.”

Maj-Gen. (res.) Gady Shamni, former head of the IDF’s Central Comment, said the spiraling crises had grown out of the “kid gloves” policy with which the IDF and government had greeted months of heightened Hamas aggression from the Gaza Strip.

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(Bennett & Shaked in the Knesset)

SACH ha’kol, at the end of it all, there are a few within Israeli leadership who consistently “get it”, and, most intrinsically, are unafraid to act – namely, Education Minister Naftali Bennett and Justice Minister Ayelet Shaked. You Go, Girl!!

MOST significantly, those of us whose business it is to keep track of Jihadi terror and its knock-on effects to Israel (America alike) understand why the following question is more than mandatory and requisite due diligence: why would “Mr. Security” thwart Minister Bennett – a member of Israel’s Security Cabinet, no less – from heading the Defense Ministry, knowing full well that he has the “inside track” on where the dangers lie, but also possesses the most heavy-duty operational experience to lead the offensive and defensive charge?

Bennett served in the Sayeret Matkal and Maglan special forces units of the Israel Defense Forces, taking part in many combat operations….

CASE CLOSED.

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{re-blogged at TheHomelandSecurityNetwork} click “Archives” dated Dec. 19, 2019 to read
{MEMO: FB’s censors are limiting the sharing of Adina Kutnicki: A Zionist & Conservative Blog! Indeed, the following message from FB’s censors is crystal clear:

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Israel’s Supreme Court (A “Gang of Leftists”) Rules With An Iron Fist, Overriding the Rule of Law. What Can Be Done? Commentary By Adina Kutnicki

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NOT unlike the U.S., where judicial activism AKA social engineering has become synonymous with “justice”, similarly, Israel’s Supreme Court comports itself.

IN the main, a democracy can’t be deemed healthy and robust without adhering to a very basic principle, that is, the separation of powers. In effect, the final interpreters of the “law(s) of the land” dare not overstep their mandate by usurping the legislative branch, be it Congress or Israel’s Knesset.

THAT being said, the following via Israel Institute for Strategic Studies is more than instructive, as to what underlies the rot, as well as what is at stake.

A letter to the Minister of Justice the Honorable Ayelet Shaked. The Rule of Law or the Rule of lawyers. By: Malcolm Dash – www.strategic-israel.org 

To lose our country by a scrupulous adherence to the written law, would be to lose the law itself, with life, liberty, property and all those who are enjoying them with us; thus absurdly sacrificing the ends to the means. – Thomas Jefferson, September 20, 1810

The brouhaha that has erupted over the Minister of Justices’ proposed reform to the, nomination and selection process for Supreme Court Justices, has once again thrust the question of the relationship between the judiciary and the political establishment into the headlines. The result has been that Israel’s entrenched civil society elites have hurriedly begun to “circle their wagons” to protect their holiest sacred cow from the allegedly grievous harm, if the current judicial selection system is in any way changed. Incredibly, elite outrage focuses on an attempt in the proposed legislation to break the veto power sitting justices have in determining who will be their successors, an arrangement unheard of in any major democratic country. So rather than defending democracy, appalled critics of the proposed legislation are perpetuating judicial tyranny.

Israel, like any vibrant functioning democracy, needs a strong, independent judiciary – to interpret the law, not to make it.

“In Israel, the negative impact of the judicialization of politics on the Supreme Court’s legitimacy is already beginning to show its mark. Over the past decade, the public image of the Supreme Court as an autonomous and impartial arbiter has been increasingly eroded… the court and its judges are increasingly viewed by a considerable portion of the Israeli public as pushing forward their own political agenda…” – Prof. Ran Hirschl, Towards Juristocracy: The Origins and Consequences of the New Constitutionalism, Harvard University Press, 2004.

The unelected judiciary will not be answerable to anyone for outcomes that result from imposing on the elected branches of government, measures that it was not elected to implement – or were elected not to implement. This then is the grave danger involved in the usurpation of authority by the courts.

By exceeding its authority, by its arrogance and self-important elitism, Israel’s judiciary is placing itself in jeopardy. With the mounting loss of public trust, the judicial system cannot for long remain credible and the public will resort to settling its disputes by alternative methods. Without the legitimacy of the legal system, non-democratic authoritarian and tyrannical regimes inevitably take root.

In Israel, the rule of law has been superseded by the “rule of lawyers”, who may well be perceived as undermining the very rule of law that they pledge to uphold. Drawn from the ranks of lawyers, judges are appointed at a relatively early age and typically remain in their positions up until the mandatory retirement age of 70. They therefore have many years in which to shape the court’s agenda and influence the appointment of future justices.

Judges in the mold of ex Supreme Court president Aharon Barak have left an indelible “activist” stamp on the legal establishment. Indeed Barak is a prime example of such “activism” although he professed he did not have an agenda. It became clear however that most judges who served with him and subsequently after him, adopted his activist prescriptions and Justice Bork said “it is highly unlikely that they would rule according to beliefs other than their own”. Justice Bork described activist justices “as those who enact their own beliefs” however Justice Barak is quoted as writing, that “None of us may turn our personal beliefs into the law of the land.” http://azure.org.il/download/magazine/1119AZ_27_bork_review.pdf

In effect judicial activism is an efficient way to promote a re-engineering of the social order of the day. It’s no surprise then, that NGO’s, Human Rights crusaders and the like, turn to the courts for their stamp of approval to further their social activism in order to affect government policy, rather than through the legislative process in the Knesset. Social, familial and community values of Jewish/Israeli culture are routinely being challenged before the Supreme Court as are indeed political, economic and security matters. The Justices have vested themselves with the agency to carry out broad cultural changes, on the pronouncements of (unelected) lawyers, who have been upgraded to serve as Supreme Court justices.

To be sure, the original architects of Israel’s Supreme Court never intended for the Justices to exercise this type of excessive power. The envisaged purpose was not for them to formulate laws, or create social policy—their allotted function was to make judgments on laws legislated by the democratically elected parliament. Supreme Court justices are not intrinsically more moral or less imperfect than others, they too are simply individuals, like the rest of the citizenry, with biases, prejudices and the like. Yet this “select” group of individuals is attempting to effect cultural and policy choices that have profound importance for all Israelis, in many instances in opposition to the will of the people and its democratically elected parliament. Judicial activism’s detrimental effect on the democratic process must be curtailed, whether it reflects Conservative or Progressive Liberal agendas, it is every bit as deplorable.

The elected Legislature’s majority decisions may or may not accord with the Supreme Court’s, worldview, its standards and moral codes. But judicial interdict of those majority outcomes is not at all democratic – in fact are clearly undemocratic.

According to Justice Robert Bork, an eminent American legal authority, once characterized the situation as follows; “ Supreme Court President Barak’s judicial vetoes of majority decisions’ “may or may not be proper in a given case, but one thing they are not, is a form of democracy, indeed they are a check on democracy”. (1987)

Barak’s assertion that both the people’s decisions and the frustration of those decisions are “democracy” eliminates the distinction between rule by elected representatives and rule by judges. As a result this leads to ever-increasing judicial power and the unelected judges assume the role of a supra- legislative body. The arrogated powers of the Judges to override both legislative and executive decisions is no less than a “constitutional revolution”. Ironically in stark contradiction to Barak’s pronouncement that “the court is authorized to interpret the constitution, but it is not authorized to create a constitution”.

The troubling question is, if the legal system is supposed to reflect society’s’ norms i.e. current cultural conventions, moral values, traditions and ethical principles that people cherish, why do the judges regularly issue legal edicts and laws that in too many instances do not accord with the wishes of the people?. It would seem rather, that the Judges defer to the opinions dominant within the “self-appointed” intellectual elites. These elites, comprised of the legal establishment, main stream media and voices in academia who allegedly personify the wisdom to know what justice is, what truth is, what morality is and what standards and norms should be adopted.

The courts have adroitly expanded their legal authority by intervening in political matters. In stark contradiction to his previously cited position that: “the court … is not authorized to create a constitution” Barak declared elsewhere “I reject the contention that the judge merely states the law and does not create it” (“A Judge on Judging”, The Role of a Supreme Court in a Democracy Yale Law School 1-1-2002)

Thomas Jefferson expressed his fears of judicial overreach when he wrote:

“the germ of dissolution of our federal government is in the constitution of the federal judiciary: an irresponsible body, working like gravity by night and by day, gaining a little to-day and a little tomorrow, and advancing it’s noiseless step like a thief, over the field of jurisdiction until all shall be usurped from the States, and the government of all be consolidated into one. To this I am opposed; because, when all government, domestic and foreign, in little as in great things, shall be drawn to Washington as the center of all it will render powerless the checks provided of one government on another and will become as venal and oppressive as the government from which we separated.” – Letter to Charles Hammond, August 18, 1821

Israel’s Supreme Court, acts as “Supreme Law Giver,” with its relentless creep of increasing powers that erode the very fabric of society by overriding the democratically elected legislature, usurping powers that were neither granted, envisaged nor approved by the democratically elected legislative body. Where are the “checks and balances” that should exist between the judiciary, legislative and executive bodies when the final arbiters are the Judges who can nullify the other branches of government?

In this sense Judicial activism becomes a means to promote socio-political and economic objectives to rearrange the social order of the day. This clearly could well precipitate and become a devastatingly divisive development within Israeli society.

The Supreme Court is on many occasions the embodiment of judicial autocracy in our everyday lives and if left unchallenged could endanger everyone’s liberty and freedom. Accordingly the question that must be asked is, in order to restore credibility and confidence in the highest court in the land, the process of appointing Supreme Court Justices has to be reformed. The justice’s nepotism that is reflected in their veto powers over candidates to Supreme Court is an unacceptable practice and unquestionably undemocratic.

Transparency is imperative, prospective nominees for the Supreme Court should appear before a bi-partisan parliamentary committee for ratification comparable to the US congressional hearings.

Likewise, the widely respected Canadian appointment process should be considered in which the elected government is heavily involved in the appointment of the judiciary – see Peter W. Hogg, C.C., Q.C., Hall Law School of York University “II. THE POWER AND PROCESS OF APPOINTMENT, http://digitalcommons.osgoode.yorku.ca/cgi/

Our democratically elected representatives are not without blame for the diminution of their legislative powers. By and large, when challenged by Lawyers turned Judges, Israeli parliamentarians have, more often than not deferred to the Courts rulings, thus surrendering much of their legislative prerogatives.

Sadly this has produced a vacuum for activist Judges to insert themselves into and replace “The Rule of Law for the “Rule of lawyers”.

Malcolm Dash Director of Operations Israel Institute for Strategic Studies www.strategic-israel.org  

MOST significantly, the fact that Israel does not have a Constitution – yes, you read that right – underlies much of its political dysfunction, aside from sundry weighty structural flaws to its system of governance. 

BUT what stands above all else is this: the left has a stranglehold on Israel’s power centers, be they within the media, academia, cultural centers, and, of course, the legal arena. Choke-holds.

SUCH is the case, regardless of which party stands at the helm of the Knesset. Much of this rot is (briefly) explained within The Paradox of Israeli Politics: Vote Right, Get Left.  

NEVERTHELESS, a “window of opportunity” has arisen to finally ! break the left’s hegemonic vise-grip on Israel’s injudicious Supreme Court. At its core, justices not only march in lock-step, akin to die-hard social activists, but have the ability to pick and choose their like-minded colleagues. Fiefdom.

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LET’s just pray that Israel’s Minister of Justice, the Honorable Ayelet Shaked, succeeds in her righteous national mission. Trust, it will be one huge leap forward toward Jewish justice in Israel, as opposed to advancing and protecting those who seek little more than eviscerating the nation’s Jewish character and raison d’etre. Demise.

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{re-blogged at The Homeland Security Network}