In any first-rate democracy, the very decision to launch a full-fledged criminal investigation against a minister or an opposition leader would lead to their suspension. The Israel Police recently launched a criminal investigation against Interior Minister Aryeh Deri (Shas); Opposition Leader Isaac Herzog faces a similar prospect. As a result, the Movement for Quality Government in Israel said both leaders should suspend themselves. Israelis should think hard why this has not become the norm. In any event, we must assume that if such a requirement is ever introduced, it will not apply retroactively. On the one hand, suspects continuing to hold high office hurts Israel's image and could allow the suspects to influence the investigation. On the other hand, if launching an investigation means elected officials must leave office and put their careers on hold, attorneys general may drag their feet more than necessary before they greenlight a criminal inquiry. In the 1990s, after Deri was indicted the first time, the High Court of Justice ruled that he must leave the government. Such a ruling was proper; perhaps it should apply to MKs, as well. The very fact that a criminal investigation is underway or about to be launched (in the case of Herzog) has already resulted in an earthquake. The ground will shake even more forcefully as a decision on indictments nears. The extent of the damage at Shas is unclear (even estranged former leader Eli Yishai was surprised by the investigation against Deri), but over at Labor, the damage was clearly noticeable. MK and former Labor Party chairman Amir Peretz said Herzog would get as much "space" as needed to prove his innocence. Another former party leader, MK Shelly Yachimovich, has commented with similar restraint, although the conference she held earlier this week shows that things are simmering beneath the surface as the party heads towards a possible leadership race. Even MK Eitan Cabel has yet to say the last word on his potential bid. In fact, Labor may be looking for an outside leader: former Israel Defense Forces chief Lt. Gen. (res.) Gabi Ashkenazi. Activists are trying to gauge the antagonism he would generate among rank-and-file party members should he become chairman. He himself has been eyeing the public sphere, making sure to express views that would not enrage his potential rivals, as was the case this week when he signed a letter in support of poultry farmers in northern Israel. This is a subtle reminder of his days as GOC Northern Command. Shas may be able to weather a protracted period while its leader is under a criminal investigation. But Labor cannot, because there is no real camaraderie there (they only refer to each other as friends when they start delivering a speech at a party event). Herzog's fate hinges not just on his ability to prove his innocence but also on the time it would take to complete the probe.
