Netanyahu backs down, agrees to make Gantz justice minister
While insisting that the disputed vote he held in the cabinet the previous day to appoint Likud’s Ofir Akunis as justice minister was a legitimate move, Prime Minister Benjamin backed down Wednesday from his refusal to appoint anyone else to the position, agreeing to make Blue and White’s Benny Gantz justice minister for the duration of the transitional government.
The High Court of Justice on Tuesday temporarily froze the appointment of Akunis after the cabinet — led by Netanyahu — openly defied Attorney General Avichai Mandelblit’s forceful warnings that the vote was illegal and pushed through the appointment.
The cabinet meeting quickly devolved into a shouting match between Likud and Blue and White ministers. Netanyahu had been implacably opposed to making Gantz justice minister again after the latter’s three-month interim term ran out several weeks ago, and Gantz had insisted that only he had the right to select a candidate for the post and nominated himself.
In a statement released Wednesday afternoon, Netanyahu’s office said that “after his compromise offers were once again rejected this morning, and to exit the dead end and enable the necessary activity of the Justice Ministry, the prime minister has decided to appoint Benny Gantz as justice minister in the transitional government.”
The statement said Netanyahu would bring the matter for cabinet approval later Wednesday.
The announcement came minutes after Netanyahu submitted his response to the High Court of Justice regarding the validity of Akunis’s appointment, saying the cabinet vote on the matter was legal despite Mandelblit insisting it violated legally binding parts of the coalition agreement.
In a response filed by his attorney David Peter, Netanyahu had argued that he was authorized to appoint a justice minister and that the court and the attorney general aren’t a “super-government.” He said the court was “blocking the appointment of a vital minister and leading the system to a dead end.”
Following Tuesday’s cabinet meeting, High Court justices ruled that Akunis could not serve as justice minister until it reached a final ruling and said the position would remain vacant in the interim.
Responding to the about-face, Gantz’s Blue and White party said in a tweet that it would “continue to safeguard democracy.”
Blue and White claimed it had thwarted a plot — which it nicknamed the “April scheme” — by Netanyahu to fire center-left ministers and take control of the unity government.
As part of Gantz’s power-sharing coalition agreement with Netanyahu, the position of justice minister was reserved for members of Gantz’s Blue and White-led bloc. Avi Nissenkorn held the post until elections were called late last year, at which point he resigned to run on a separate party’s slate. Gantz, who is also defense minister, subsequently took on the post in an interim capacity and over the past several weeks has called on Netanyahu to hold a vote to appoint him permanent minister.
When Gantz once again sought to bring his appointment as justice minister to a vote at Tuesday’s fiery cabinet meeting, held by videoconference, Netanyahu pushed back, telling the Blue and White minister that there was no need for an “artificial” permanent minister when there is only a caretaker government running the country and a new coalition will hopefully be formed in the near future.
Netanyahu went on to claim that “there are questions” as to whether his coalition agreement with Gantz, which reserves the justice minister post for the Blue and White bloc, remains in effect after last month’s election.
Mandelblit rejected this assertion, saying the coalition deal stands until a new government is sworn in. He said the swearing-in of a new Knesset does not nullify the agreement.
Mandeblit made clear his stance that the vote was invalid and Akunis was not the justice minister. In leaked recordings from the meeting, Mandelblit shouted at Netanyahu: “You did not let me speak until after holding a vote that I consider to be illegal. You did not uphold your own government decision. That’s my interpretation, that’s my stance. The vote was therefore illegal. Since the vote was illegal, so is the result. The consequence is clear: the decision was not approved.”
Netanyahu responded by calling Mandelblit’s position “absurd,” “manipulative” and “impossible.”
The lack of a justice minister has serious ramifications for the judicial system’s ability to function properly in some areas, including signing off on sentence reductions or extradition orders. It also affects the ability of the interim government to pass any new legislation, as government bills must first be okayed by the justice minister, who heads the Ministerial Committee for Legislation. In addition to the battle against COVID-19, this could even potentially affect urgent legislation regarding peace agreements.
Netanyahu, who is on trial on charges of bribery, fraud and breach of trust, has railed against the justice system, police, left-wing opposition and media, accusing them of conspiring to remove him from power. He denies any wrongdoing.
Following Netanyahu’s announcement, Mandelblit was expected to ask the High Court to nix its planned hearing Wednesday afternoon announcing whether the cabinet vote was legal, Channel 12 news reported.
Jacob Magid contributed to this report.