It's hard to find the right words to properly convey the severity of Attorney General Avichai Mendelblit's private conversations, in which he told his closest associates that due to his prosecution of Prime Minister Benajmin Netanyahu, Israel and its democracy have survived and Netanyahu is no longer in power. But just what is that great danger that he saved the country from? Netanyahu wanted to use his legal prerogatives and appoint judges, attorney generals, and police commissioners according to his own judgment and through the normal process in the government.
But Mendelblit left out his real rationale: His coup was not because of Netanyahu's supposed ethical lapses or various Right-Left issues, but because the then-prime minister wanted to apply the democratic rules of the game across the board in Israel, on all three branches of government. Look at how ironic this is: Netanyahu, who has been accused by some on the hard right of not checking judiciary overreach, tried to do just that and was unseated because of his efforts.
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Despite what one might think, only four truly right-wing governments have been in power since 1977: two under Prime Minister Menachem Begin and two under Prime Minister Benjamin Netanyahu (as well as the shortlived 1990-1992 Yitzhak Shamir government). Begin deliberately chose not to engage in reforming Israel's bureaucracy, let alone the judiciary.
Netanyahu's first government in 1996 mainly dealt with the horrific outcomes of the Oslo Accords. His second right-wing government in 2015 – the most right-wing government ever – had many achievements on foreign policy, including the recognition of Jerusalem as Israel's capital by the US and the fight against Iran nuclear deal.
But when it comes to judicial powers, that government didn't lift a finger. The 10 seats garnered by the Kulanu list vetoed any such moves and so did then-Justice Minister Ayelet Shaked. But thanks to Mendelblit's comments, we now know that as soon as Netanyahu resolved to reform law-enforcement agencies, his political fate was sealed.
To make this even more ironic, those who have replaced Netanyahu are now trying to kill any possibility of reforming the judiciary even though they were among the most vocal advocates of such action and were among his harshest critics for his inaction on this matter
Now that they are in power they are trying to push through undemocratic measures – such as having the courts strike down legislation or even depose prime ministers without a trial – as a way to ensure no such reforms are attempted in the future. They are letting the Right "play" with various economic reforms but they feel threatened by its efforts to effect real judiciary change. To fend off this danger, these self-proclaimed stalwarts of democracy are willing to do away with it.
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