Analysis Foul Weather Under legal cloud, can Sharon build support for disengagement? LESLIE SUSSER T Jewish Telegraphic Agency Jerusalem he state prosecutor's recom- mendation to indict Ariel Sharon on bribery charges came just as the Israeli prime minister was putting the finishing touch- es on his plan for Israeli withdrawal from the Gaza Strip and parts of the West Bank. If Attorney General Menachem Mazuz decides to press charges, it could mean the end not only of Sharon's political career, but of the policy he hoped would alter radically the contours of the Israeli- Palestinian conflict. If indicted, Sharon almost certainly would suspend himself or resign, and his successor would be free to drop the plan to disengage from the Palestinians. In the meantime, until Mazuz makes up his mind — which could take up to two months — Sharon will find it difficult to garner American and domestic backing for his far-reaching plan while under sus- picion of criminal wrongdoing. Though it carries enormous weight, the prosecution's recommendation is not binding, and it is far from certain that Mazuz will accept it. Justice Ministry insiders say Mazuz has described the case against Sharon as "problematic" and "borderline." Sharon confidants say they are con- vinced that, when it comes to the crunch — with tenuous evidence able to deter- mine a prime minister's political future — Mazuz will not indict. Sharon is suspected of receiving hun- dreds of thousands of dollars through his son Gilad from Likud activist and mil- lionaire contractor David Appel for help- ing to promote Appel's real estate inter- ests in Greece and the central Israeli city of Lod. Appel already has been charged with giving a bribe. Now, Mazuz must decide whether Sharon was aware that he was receiving one and whether there is enough evidence to make a charge stick against the prime minister. In the meantime, Sharon is a prime minister under a cloud and something of a lame duck. Before the indictment recommenda- tion, Sharon was working hard to move his disengagement plan forward. He was Ariel Sharon was pensive at his March 28 Cabinet meeting. close to tying up a deal with the Bush administration for American support; he had just made bold moves against Hamas to facilitate Palestinian Authority control of Gaza after an Israeli withdraw- al; and he was hoping to use those two factors to win support in his own Likud Party, where right-wingers, including some prominent Cabinet ministers, have been highly critical of the plan. Sharon also was covering his coalition bases. He was close to cutting a deal with the opposition Labor Party for its 19 Knesset members to join the coalition if the 13 legislators from the right-wing National Union bloc and National Religious Party bolted over the disen- gagement plan. Now, it will be hard for Sharon to tie up all the loose ends. He might not even be able to get Cabinet approval for the plan: Eleven of 23 Cabinet ministers expressed their opposition before the indictment recommendation, and others may now come out against the weak- ened prime minister and tip the balance against him. Labor will stay out of the coalition as long as Sharon remains under a cloud, and Labor leaders like Avraham Burg, who oppose any alliance with Sharon, will have a stronger case. In addition, when Sharon flies to Washington for a key April 14 meeting with President Bush, U.S. officials are less likely to make formal commitments to a man who could be out of office within weeks. The fiercest challenge to Sharon, though, will come from the right. Leaders of the National Union, the National Religious Party and the Yesha settlers' council are hoping to utilize Sharon's plight to scuttle the disengage- ment idea. They hope that if the prime minister is replaced, his successor will shelve a plan that entails the dismantling of nearly all the Jewish settlements in the Gaza Strip and at least six in the West Bank. If Sharon is forced to resign, Likud insiders say he probably would be suc- ceeded by Finance Minister Benjamin Netanyahu, who has shown little enthu- siasm for the disengagement plan. By Israeli law, the resignation of a prime minister does not necessarily trig- ger a general election. Sixty-one Knesset members can propose an alternative can- didate, and the president can confer on him the task of forming a new govern- ment. Though Industry and Trade Minister Ehud Olmert, who backs the disengage- ment plan; and Foreign Minister Silvan - Shalom, who does not, may mount lead- ership challenges, most Likud insiders believe Netanyahu would win the party nomination easily. But what Netanyahu does about dis- engagement is not a foregone conclu- sion, and the right-wingers may be dis- appointed. Despite his criticism of the plan, Netanyahu is leaving his options open. Rather than rejecting it outright, he has laid down three conditions for supporting the plan: • That Israel control border crossing points to prevent arms from flowing into Palestinian areas; • That the United States recognize a route for the West Bank security fence that puts more Jewish settlements on the Israeli side; • And that the United States publicly back Israel's position that no Palestinian refugees be allowed to return to Israel proper. Insiders say this stance gives Netanyahu maximum flexibility: If he becomes prime minister, he will be able to keep a right-wing coalition together while negotiating with the United States on his conditions for disengagement. If Sharon survives, Netanyahu will be able to claim the credit if his conditions are met, or choose his moment to con- front Sharon if they are not. In both his disengagement plan and in targeting Hamas, Sharon has been play- ing for high stakes. Some critics even imply a connection between his bold moves and the burgeoning legal case against him. Indeed, Sharon's critics on both the right and the left accuse the prime minister of playing with fire. In contrast, his supporters say that his twin policy of cracking down on terror- ism and disengaging from the Palestinians could transform the Israeli- Palestinian conflict. To make those poli- cies work, however, Sharon needs more- time. And as Mazuz assesses the evi- dence, Sharon's time could be running out. Latest Israeli news: wvvw.jevvish.com 4/2 2004 17