PM: Judiciary is the cornerstone of our democracy

Prime Minister Benjamin Netanyahu on Monday distanced himself from the harsh criticism leveled by Habayit Hayehudi MK Moti Yogev against the High Court of Justice. The prime minister stated Israel's judiciary is a cornerstone of its democracy.

Yogev sparked controversy Thursday, after saying that in a ruling suspending the razing of terrorists' homes, Supreme Court Justice Uzi Vogelman has "sided with the enemy." The comment evoked several threats against the judge, prompting the Courts Administration to assign him a security detail.

Speaking Monday at the state memorial service for slain Prime Minister Yitzhak Rabin, Netanyahu turned to Chief Justice Miriam Naor, who attended the service, and said, "The judiciary does not side with our enemies. It is the very foundation of our existence and the cornerstone of our values."

Yogev's lambasting of the High Court, which he defined in an Army Radio interview as "authentic criticism, not incitement," left the Knesset Constitution, Law and Justice Committee conflicted Monday, with some of its members suggesting legislation be put in place to prevent incitement against the judiciary, while others said the courts should not overstep their authority when it comes to government decisions.

Likud MK Benny Begin proposed a resolution stating public officials must refrain from publicly lambasting the judiciary.

"Even when fighting terrorism, we all agree that the innocent must be spared. We must protect the High Court's standing, especially when it reviews a case where the government essentially seeks to harm an individual's interests.

"It is precisely in times like these that we must follow the letter of the law. The government is not infallible, especially when special circumstances are involved. We have to ensure the court is free to debate and rule on such matters, even if they [the judges] were named to the bench by a committee and are not elected officials," Begin said.

MK Revital Swid (Zionist Union) suggested a resolution denouncing any form on incitement or call to violence against judges.

"We cannot simply move on from this issue without the committee condemning, in no uncertain terms, a call for violence against judges. The appeal from the courts' director [to Knesset Speaker Yuli Edelstein] was unprecedented, and illustrate the attack the judiciary is under," she said.

Swid was referring to a letter sent to Edelstein by Israel Courts Director Michael Spitzer in which he urged sanctions against Yogev.

MK Yael German (Yesh Atid) noted that "anyone who seeks to undermine the Supreme Court seeks to undermine democracy."

Joint Arab List MK Osama Saadi said Yogev's remarks against Vogelman, which followed a previous controversial remark by Habayit Hayehudi's MK suggesting the High Court should be bulldozed, were "nothing short of a targeted assassination of the court. This was not an uncharacteristic outburst -- this is a trend."

Committee Chairman MK Nissan Slomiansky (Habayit Hayehudi) meanwhile, said, "While under normal circumstances the court was right [to weigh in on the government's decision], we are in the midst of a wave of terrorism. When the [IDF] chief of staff and Shin Bet [security agency] director tell the court that razing a terrorist's home is most effective in generating deterrence when done soon after [an attack], the court should have scheduled a hearing immediately, why wait-"

The left-wing MKs were vexed by the remark, and Saadi accused Slomiansky of "encouraging the onslaught against Justice Vogelman."

Also on Monday, the Ometz Association for Good Governance and Social Justice filed a complaint against Yogev with the Knesset's Ethics Committee, demanding he be sanctioned.

"This is not the first time right-wing Knesset members lambaste the Supreme Court. This is not freedom of expression, but rather freedom of contempt," the Ometz motion said.

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