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22 Sivan 5765 - June 29, 2005 | Mordecai Plaut, director Published Weekly
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Shema Yisrael Torah Network

Opinion & Comment
Politica: Investigating Sharon

By E. Rauchberger

The Legal Forum for Eretz Yisrael is preparing to file a petition against the Prime Minister in order to delay, halt, thwart and/or prevent the implementation of the Disengagement Plan.

Their decision followed on the heels of the publication of Boomerang, a book by journalists Ofer Shalach and Raviv Drucker that posits that Sharon decided to go forward with the Disengagement Plan in order to spare himself from an indictment that he had a hunch the State Prosecutor was about to issue against him regarding the Greek Island Affair.

The High Court recently finished deliberating about several petitions on the Disengagement Plan and the Evacuation- Compensation Law that were laid on its doorstep. All of the petitions were rejected but regarding one of them the High Court determined, "In cases where corruption is proven the High Court will intervene in national issues such as the Disengagement Plan." The Legal Forum for Eretz Yisrael, a patently right-wing organization as the name reveals, is hinging its hopes on that sentence.

The Forum's legal counsel, Attorney Yossi Fuchs, sent a long, detailed letter to the Attorney General demanding a criminal investigation of the Prime Minister on suspicions of corruption based on the information brought to light in the book.

In the letter Fuchs claims that the book provides the only reasonable explanation heard so far to account for Sharon's 180-degree shift from the stance he presented until his election to office, when Sharon held that Netzarim should be viewed the same as Tel Aviv and staunchly opposed the idea of his opponent, Amram Mitzna, for a unilateral withdrawal from the Gaza Strip.

Of course nobody disputes the Forum's right to petition the High Court as it sees fit or to write a letter to the Attorney General demanding that he order an investigation against Sharon. In a democratic country like Israel every citizen or organization from Metula to Eilat has the same right. However the chances the High Court will do something with this petition are about the same as the chances Mazuz will order a criminal investigation following the letter from Mr. Fuchs. After having cleared Sharon in the Greek Island case would Mazuz then open an investigation in this case based on arguments that don't hold water?

The High Court will probably boot the appellants and the appeal right out the door since the entire petition is backed by a single piece of evidence: a book written by two journalists who themselves admit they lack a "smoking gun." No solid evidence, no admission, no key witness—just circumstantial evidence, rumors and inferences based on the chronology of events. No High Court judge would accept a case based solely on a book aimed at increasing sales.

Especially since thrown into the jumble of claims the distinguished attorney included the ludicrous contention the Prime Minister bought the support of United Torah Jewry for several hundred million shekels. What could this claim possibly have to do with the court case? This is an entirely political matter. And why did Fuchs fail to mention Sharon's purchase of Shinui support for a sum of NIS 700 million— double what UTJ received? Why does he overlook the funding the NRP received in exchange for remaining in the government until the party's resignation? And why does he completely ignore numerous political moves Sharon made to preserve his majority, as does every prime minister who encounters coalition problems?

The inclusion of this claim raises suspicions that the appellants and their hired counsel realize perfectly well that neither the petition nor the letter will be taken seriously. All they want is to gain a few more lines in the newspaper and another few minutes of exposure on the radio and the evening news. For as everyone knows, to achieve this, wheeling out "chareidi extortion" is always sound advice and the best way to get good ratings.

In fact they even got some exposure here.


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