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September 03, 1993 - Image 73

Resource type:
Text
Publication:
The Detroit Jewish News, 1993-09-03

Disclaimer: Computer generated plain text may have errors. Read more about this.

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ask him to leave. He even took
his case to the people by ap-
pearing on television and ham-
mering away at the argument
that if he proved so fickle as to
renege on an understanding
with a coalition partner, he
would endanger the future of
the peace talks by giving the
Arab states grounds to question
his reliability.
The attorney general had the
right to change his mind, Mr.
Rabin argued, but he was not
in a position to do so, since his
"credibility" — and by implica-
tion, that of the State of Israel
— hung in the balance. Two
days later, a newspaper poll
showed that 67 percent of the
public disagreed and believed
that Mr. Deri should go forth-
with.
The fact remains, however,
as Hebrew University law pro-
fe,ssor Ruth Gabison has point-
ed out, that "there is no law

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If Deri or Pinhasi
is forced out,
Shas could pull
out of the ruling
coalition and
threaten its
continued
existence.

prescribing exactly what should
be done when an indictment is
drawn up against a minister."
Thus the matter is open to in-
terpretation — by the attorney
general, in the first instance,
and ultimately, if necessary, by
the High Court. Neither is there
any law requiring the govern-
ment to accept the opinion of its
attorney general, -though legal
precedent — based upon previ-
ous High Court rulings — oblig-
es it to do so. Besides, only the
attorney general (or his staff) is
authorized to represent the
state in court, and he cannot
reasonably be expected to both
advise the government and
then defend an opposing view
if his considered opinion is re-
jected.
If Mr. Deri does go, and Shas
then pulls out of it, Yitzhak Ra-
bin's government may ulti-
mately fall as a result of the
present muddle.
But the immediate impact of
the past week's events has been
to further undermine the pub-
lic's faith in a system that seems
incapable of establishing norms
and priorities for itself.
For starters, Mr. Rabin
locked horns with most every-
one in the Justice Ministry —
but above of all with Justice
Minister David Liba'i, who, like
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