BICOM

What happened: In his most significant public intervention on the question yet, Prime Minister Netanyahu last night took to TV to address the Israeli people on judicial reform and its divisive impact.

• Netanyahu began by acknowledging both the scale of the division and the legitimate patriotic rights of both sides of the question: “Opponents of the reform are not traitors; supporters of the reform are not fascists.”
• He continued: “Supporters of the reform think there is no true democracy here and what endangers democracy is an all-powerful Supreme Court that delves into everything and, in effect, runs the country. On the other hand, opponents of the reform think that what endangers democracy is the Knesset and the Government acting without brakes or restraints, which will infringe on individual rights. A proper democratic regime must deal with both of these issues. It must ensure majority rule and it must also safeguard individual rights.”
• Despite these conciliatory elements, Netanyahu also echoed the much-repeated reformist mantra that the Supreme Court has frequently intervened well beyond its reasonable brief, and that the election of judges was unrepresentative and functioned on a self-electing and self-perpetuating “a friend brings a friend system”.
• He therefore confirmed that the proposed change to the Judges Selection Committee would proceed as planned.
• On Friday morning, Attorney General Gali Baharav-Miara wrote to Netanyahu informing him that she considered his intervention “illegal and tainted by a conflict of interest”, in light of a 2020 conflict of interest deal agreed with then-Attorney General Avichai Mandelblit and barring Netanyahu from involvement in judicial, law enforcement, or legislative matters which may impact his own ongoing legal cases.
• The Knesset had earlier on Thursday passed a bill changing the process for finding a sitting prime minister incapacitated. Under the new law, only the prime minister themself, or three quarters of their cabinet, may move for incapacitation.
• Meanwhile, at least 92 Israelis were arrested protesting the reforms during a day-long set of nationwide demonstrations dubbed the “Day of Paralysis”.

Context: Netanyahu’s address was not scheduled. Instead, Yoav Gallant – the Defence Minister increasingly concerned over the impact of the reforms and the attendant civil division on security and the integrity of the army – was scheduled to speak.

• Gallant was summoned to an urgent meeting with Netanyahu, after which it was the Prime Minister instead who took to the airwaves.
• The timing of Netanyahu’s address was prompted by Gallant’s proposed intervention, and enabled, so Netanyahu felt, by the passage of the incapacitation bill, removing the risk of a conflict of interest charge being used in an attempt to remove him. “Unfortunately, until today, my hands have been tied,” said Netanyahu, before making clear that from now on he would be centrally involved.
• Baharav-Miara’s response makes clear that in her legal opinion Netanyahu’s hands should remain tied, while Yisrael Beiteinu Party Chairman Avigdor Liberman announced that his party would petition the Supreme Court to annul the incapacitation bill.
• Yesh Atid leader Yair Lapid responded to Netanyahu’s address by accusing the prime minister of “once again playing the victim and whining, and continuing to spread disgraceful lies against the judiciary that bear no connection to reality,”
• Earlier on Thursday, as word of Gallant’s proposed intervention spread, coalition figures responded angrily. “Every Likud MK who is planning to stop the legislation is welcome to resign, preferably today. Right this second,” wrote Public Diplomacy Minister Galit Distel Atbaryan on Twitter, while the Jewish Power coalition faction said that Gallant had “removed himself from the right-wing camp”.
• The legislation concerning the Judicial Selection Committee, as it stands, provides the governing coalition with a 6 out of 11 majority and the right to appoint the first two Supreme Court justice positions to fall vacant in a Knesset term by simple majority. The President of the Court will no longer by appointed by seniority, but by a simple majority committee vote.
• Prior to the customary disruption of traffic centred on Tel Aviv, yesterday’s protests began with a demonstration outside the home of Shas leader Aryeh Deri. Police separated protesters from a group of counter-demonstrating ultra-Orthodox. Protests also centred on Bnei Brak, a largely ultra-Orthodox city.
• Including ultra-Orthodox neighbourhoods in the protest itinerary makes explicit the connection between the reforms and another hugely divisive wedge issue in Israeli society: the relationship between the state and the ultra-Orthodox. Ultra-Orthodox lawmakers’ support for the reforms is based in part on their desire to formally legislate, for the first time, the exclusion of religious students from being drafted for military service.

Looking ahead: Netanyahu left for London this morning, where he will meet with UK Prime Minister Rishi Sunak and other senior British officials.

• The Judges Selection Committee bill will soon be put to a vote in second and third readings, perhaps as early as next week.
• The second so-called Deri bill blocking Supreme Court oversight over government appointments is set to be expedited on Sunday.
• The impact of the Attorney General’s intervention is as yet unclear, though opponents may push for Netanyahu to be found in contempt of court should he intervene further on judicial matters.
• Whether Gallant, and other Likud MKs concerned over the reforms’ impact on security and national cohesion, have been mollified by Netanyahu’s intervention remains to be seen.
• In response to Netanyahu’s remarks, the leaders of the protests announced that they would step up their campaign against the reforms.