The Israeli "Deep State" Must be Dismantled ASAP ... The AG Must be Fired First! They are Unelected and Unaccountable

 On December 7, 1941, the Japanese attacked Pearl Harbor, destroying much of the US Pacific Fleet and killing 2403 Americans. The commanding officer was Admiral Husband E. Kimmel. How long did it take President Franklin D. Roosevelt to fire Kimmel, relieve him of his command, and demote him in rank? It took all of ten days, until Admiral Chester Nimitz was designated Kimmel’s replacement. No one called on FDR to resign. Less than four years later, the war in the Pacific was over and the Americans were victorious.

How is it that those responsible for the catastrophe of October 7, 2023, were not held accountable? How is possible that the Chief of Staff, head of Southern Command, head of military intelligence, and head of the Shin Bet – all abject failures in their assigned tasks – continued to serve well beyond what should be normal, given their performance? How is it that the incessant reports of the tatzpataniyot, the female military observers, were ignored – and who ignored them? Why do we not yet know the names of their commanders who disregarded their warnings – and are they still serving in their roles? Why weren’t they all dismissed within ten days?

Surely the answers are multifaceted and laden with political implications and personal considerations, but one factor stands out above all others: we are living in a judictatorship – a judicial dictatorship – in which unelected judges and the elite legal establishment effectively govern the country and hamstring our elected officials.

Gali Baharav-Miara is nominally the Legal Advisor to the Government (yoetzet mishpatit lamemshalah), not even an Attorney General (tovea klali), but functions as the head of government.

Ronen Bar, Shin Bet head, is to be fired this week but the firing may not stick because the Legal Advisor disapproves. Bar even asserted weeks ago that he will not resign until he can designate his successor, this too with the support of the Legal Advisor. His adamance and the government’s prior hesitation to act (because it knew what would happen,ed.) recalls the era of longtime FBI head J. Edgar Hoover, who could not be fired because he had dirt (true or not) on everyone.

Is the Shin Bet threatening the Prime Minister? A former Shin Bet head did just that on the media.

Gali Baharav-Miara cannot be fired because, well, she cannot be fired, as she presumably disapproves of her firing and the Supreme Court will back her up. This is not normal and it is not how democracy functions.

The irony is that the Legal Advisor to the Government does not at all advise the government on anything. She doesn’t advise as much as she dictates. She often refuses to represent the ministries when she disagrees with their policies, leaving them without representation except when she approves private representation for them. She must approve any government hiring and any government firing. She sits in judgment on any proposed legislation, killing those she disfavors before the Knesset, ostensibly Israel’s legislature, can vote on them. She determines the extent of enforcement of laws that the Knesset has passed, disregarding those she frowns on and over-enforcing those she supports.

It should be obvious to any impartial observer that we are no longer living in a democracy. The people’s rule is illusory and the people’s vote is ultimately meaningless when a right-wing government is elected. The Prime Minister is effectively emasculated, forced to look over his shoulder at the Legal Advisor, barred from major decisions because of the legal charade that has been hovering over him for years. Even if he wanted to act decisively – not at all clear – he cannot.

The Legal Advisor is buttressed by a Supreme Court that allows no limits on its authority, no limits on its jurisdiction, almost no limits on its appointment of successor justices, and no limits on its encroachment on the Knesset’s authority. Statutes mean nothing. The Court, and the Legal Advisor, have the last word – and usually the first and middle words – on everything that transpires in society. They decide who serves in every major position in government, they dictate police and military policy, they encroach on purely halakhic matters, they superintend every government decision and Knesset law, they delight in providing every legal right to our enemies and withhold them from Jews.

And they are unelected and unaccountable.

In the name of democracy, there is no democracy. And note the deft linguistic trick pulled off by the Israeli left and anti-Netanyahu crowd: in the name of “democracy” they trample on every democratic norm, and then they accuse anyone who points this out of being “a threat to democracy.” George Orwell could not have said it better. It is worth recalling that Communist and Socialist countries labeled themselves “Democratic Republics” or “Peoples Republics.” Yair Golan even named his new party “The Democrats,” notwithstanding his disgust for the people’s opinions and his contempt for democratic norms, including repeated threats to use violence to attain his political objectives.

To them, the biggest threat to democracy is the voice of the people, who cannot be trusted to elect the right people to govern them. It demonstrates that democracy can be destroyed while purporting to save it if the radicals have the courts and the media on their side.

Certainly, democracy means more than government by the people, and the essence of liberal democracy is majority rule with protection for minority rights. But that, too, does not happen here.

-Extracting confessions via torture is acceptable if a scapegoat is needed and fits the bill, like Amiram ben Uliel.

-Homes of civilians can be bugged and their private lives eavesdropped upon if the target is their bête noire, PM Netanyahu, and the decades-long obsession with finding some, any, criminality to pin on him.

They would appreciate the crack of Lavrentiy Beria, head of the Soviet Secret Police, “show me the man and I will show you the crime.” Ongoing efforts to hold these domestic spies accountable have been repeatedly thwarted by the Legal Advisor, who found time to shield her son from credible accusations of theft on an army base.

Who doubts that there are two or three tiers of justice, one for the elites and the others for religious Jews, "settlers", haredim, Ethiopian Jews, Sephardic Jews, et al?

It is why the radicals can block highways at will and take selfies with the police, while haredim or "settlers" or Ethiopians who protest are beaten, shot with tear gas, and sometimes just shot.Left-wing protesters who oppose the government and shout “democracy” can riot at will notwithstanding the commission of crimes; right-wing protesters who peacefully oppose left-wing governments’ insanities (Oslo, Gush Katif expulsion) are jailed without trial. Perhaps the latter forgot to yell “democracy” loud enough.

We are an unruly people, difficult to govern under the best of circumstances, but the alternative and more powerful government run by the judictatorship threatens our very freedoms and renders our elections superfluous, if not pointless. Every government action requires its permission, every appointment requires its approval. The Legal Advisor’s control over all legislation is without any statutory authority but is a right given to the L.A. by the Supreme Court, which has no authority to convey such rights. That too is a clever trick, bypassing the legislature and elected government.

And we can be sure that the legal establishment’s role in the October 7 Hamas massacre will not be investigated, and not just the Court’s insistence that the IDF modify its open fire rules at the Gaza border to allow the enemy unfettered access.

The loudest voices calling today for the defense of democracy are those that are systematically tearing it down. It should be no surprise to anyone that the same playbook is used in the US, where in the last decade free speech was denied dissenting voices on the grounds of protecting free speech, election fraud was defended on the grounds that democracy was endangered, and the head of government was investigated and prosecuted for years. The greatest paradox is that the more Trump and Netanyahu were persecuted, the more popular each became with the electorate who saw the rigged system and the unfairness of it all.

It is fair to ask: who exactly is running our country? Who will challenge a court system and legal establishment that is running amok, disobeys written laws, and fabricates others as it suits them? It is shameful but not unexpected that any attempt to reform the judicial establishment is met with threats of violence and national suicide, all of course to protect democracy and freedom.

If democracy in Israel is in danger, it is from those who are screaming that it is in danger, and from no one else. They use the term “democracy” to deflect from their disdain for democracy and they use it because their exclusive goal is not democracy but power. It is all about power. And they want to use this power to narrowly define Israel as a secular state, rooted in Western progressive values, with a Jewish flavor but little Jewish substance, and thus impeding our spiritual growth and national destiny.

The people of Israel do not want a secular, progressive state. They want a Jewish state, rooted in Jewish values, tethered to tradition, to Jewish history, and to our eternal and divine mission. That is what we vote for – repeatedly – only to be thwarted by the judictatorship and its minions in the media.

Let us declare that the jig is up.

We will no longer be deceived or even moved by the cries of “democracy!” from the most anti-democratic forces this country has ever seen. We are on to them and their semantic games. Their shrieks “democracy!” should be met by us with derisive laughter and mockery – and arrests, prosecution, and incarceration if they violate the law.

No one elected the Legal Advisor or the Supreme Court to anything, much less to be the sovereign of Israel. Beware the politicians who support judicial reform, but “not this” and “not now.” If so, then what? And when? To the question, what reforms would you support, the answer always is silence. They too are the tools of the deep state.

Make no mistake about it. It is the deep state that is most responsible for our failed and botched response to the Hamas invasion of October 7. The deep state that operates through the Legal Advisor and the Supreme Court, the deep state that has sought to undermine the Prime Minister since he was first elected years ago, the deep state that protects bureaucrats and their awful decisions and leftist politicians and their disastrous policies, the deep state that cut the Prime Minister out of the intelligence loop, the deep state that spies on him and his associates, the deep state that scorns democracy even as it wraps itself in its mantle.

In the name of true democracy, they need to be reined in, and the sooner the better.

A government that cannot fire unelected bureaucrats - no matter their incompetence or malfeasance – is subservient to them and has forfeited its legitimacy. Only determined government action will protect democracy and hasten the demise of the judictatorship.

Rabbi Steven Pruzansky - was a rabbi and attorney in the United States, now resides in Israel where he teaches Torah in Modiin, serves as Senior Research Associate at the Jerusalem Center for Applied Policy (JCAP.ngo), and is author of “Road to Redemption” (Kodesh Press).