Kamala Harris Can't Name Israel's Judicial Reform Issue's Faults , and Both She and Biden For a Two-State Solution

 Nadene Goldfoot                                               

Kamala Harris, age 59, Born October 20, 1964 in Oakland, California, . She began her career in the office of the district attorney (DA) of Alameda County, before being recruited to the San Francisco DA's Office and later the City Attorney of San Francisco's office. In 2003, she was elected DA of San Francisco. Vice President Harris was born  to parents who emigrated from India and Jamaica. She graduated from Howard University and the University of California, Hastings College of Law.   Harris and her sister, Maya Harris, were inspired by their mother, Shyamala Gopalan. Gopalan, a breast cancer scientist and pioneer in her own right, received her doctorate the same year Vice President Harris was born.                                         

Benjamin "Bibi" Netanyahu, age 74,  born 21 October 1949) is an Israeli politician who has been serving as the prime minister of Israel since December 2022, having previously held the office from 1996 to 1999 and again from 2009 to 2021.

When Israel let it be known that their government was working on a Judicial Reform Issue at the time Benjamin Netanyahu was being sued for inappropriate handling of gifts,  and a few other issues, Israelis went wild with the dealing of their Supreme Court judges being judged.  He let it be known that the judges were being political and unfair treatment greeted him instead.  Israelis have been staging demonstrations that the whole world has photographed against tinkering with the judges of the Supreme Court.  No one seems to understand how this court system is slightly different from the USA system or how Prime Minister Netanyahu and the rest of the government find problems with it and find that after 75 years, it needs to be improved and not just because a change would benefit Netanyahu personally.  

"Israel accused the United States of inappropriately intervening in its internal affairs as the fallout continues from Prime Minister Benjamin Netanyahu's attempt to increase his far-right coalition's say in how judges are chosen.  The comments widened simmering tension between the two close allies that has built for months." so sayeth NPR. (National Public Radio in USA)

In Washington DC, the Israeli Embassy had a reception for Israel's 75th anniversary.  U.S. Vice President Kamala Harris commented on Israel's judicial reform issue by criticizing Israel, saying it needs " an independent judiciary", whatever that means; one apart from the government control, no doubt.  Now isn't that what Netanyahu trying to bring about?  

She went on saying nice things, like that the US will continue to build on Israel's peace agreements with Egypt and Jordan, as well as the  historic Abraham Accords (and we know that Republican Jerad Kushner, former President Trump's son-in-law brought about), with the United Arab Emirates, Bahrain and Morocco.

Then she included the fact that the Biden administration will continue to work toward a "two-state solution" for the Israeli-Palestinian conflict.  Now, no one knows better than Israel and the Palestinians as to why that hasn't happened as yet.  There is more to this problem than meets Harris's eye or scholarship.  It's far more serious than the England-Ireland issue of Catholics and Protestants.  I'm not for a two-state solution, and especially at this time, and so I'll leave this issue for Israel to solve.  Leave it to say that the Palestinians must come to the point of wanting to live in peace side by side with Israel and not wanting to remove all Jews from the country and take it over.  Israelis have lived with this problem for a good 75-77 years now.  They understand it perfectly.  Since Jews have had to wait since 70 CE to regain their own country, I am watching for some respect.

I'm not alone.  In response to the speech,, Israeli foreign Minister Eli Cohen told an interviewer that Harris did not understand the elements involved in the judicial reforms.   That tells me that the USA government has no idea that they understand the two-state solution any better than Harris, either.  

Present-day Eli Cohen, age 51,  was born in 1972.  Serving as Israeli Foreign Minister since 29 December 2022, Cohen previously served as Minister of Intelligence and Minister of the Economy and Industry, and is a member of the Security Cabinet of Israel. Cohen was born and raised in the Tel Giborim neighbourhood in Holon. After his IDF national service as a Major in the Israeli air force, he studied at Tel Aviv University, gaining a BA in Accounting and an MBA, majoring in Financing and Accounting. He also obtained a bachelor's degree in Management and economics from the Open University of Israel. He went on to work as an accountant, and lectures at Tel Aviv University.

Another unpleasant diplomatic episode between the U.S. and 

Israel: In response to Kamala Harris emphasizing the 

importance of strengthening democracy and preserving an independent judicial system, FM Eli Cohen sharply responded

 "She didn't read the law' before walking back from his criticism

 and tweeting 'This is an internal issue; I have deep respect

 for Harris."Eli Cohen estimated that she "wouldn't say what 

bothers her in the reform."  

Cohen was being interviewed with "Kan Bet," a radio station, and was asked about Harris's remarks at the Embassy.  He replied that he would respond to her by saying, "I also support a strong and independent judicial system, but not an omnipotent one. "  And there it is in a nutshell, the problem the government has with their own system.  It is omnipotent-too much power. "Even judges in the U.S. do not have the right to veto their own replacements. Judicial reform is required to strengthen public trust, and that is what we strive for. By the way, I want to emphasize that my principles are that - The coalition alone should not appoint judges and, on the other hand, judges should not have the right to veto. I believe that we and the Americans see eye to eye on these matters."

"I can tell you that if you ask her what bothers her about the reform, she wouldn't know to say what bothers her," Cohen said. "I visited several places and heard remarks. I asked them - 'What exactly bothers you?' and no one could tell me. I don't know if she read the law or not, but my guess is that she didn't." Shortly after, Cohen posted a statement Hebrew and English on his Twitter account, "I have deep respect for our ally the United States of America and for Vice President Harris, a true friend of Israel. Israel’s legal reform is an internal issue that is currently in the process of consolidation and dialogue. The State of Israel will continue to be democratic and liberal, as it has always been."

Thomas Richard Nides, age 62 (born 1961) is an American banker and government official who is the United States ambassador to Israel since December 2021. From 2013 to 2021, he was the managing director and vice-chairman of Morgan Stanley, serving as a member of the firm's management and operating committee. Nides was previously appointed the deputy secretary of state for management and resources from 2011 to 2013 during the Obama administration. He has served in various financial and governmental roles throughout his life.

The U.S. Ambassador to Israel, Tom Nides, commented on the statements made by Minister Cohen and told Ynet, "Vice President Harris is a wonderful friend of Israel and the Jewish people. She said the same thing that I have said myself a hundred times."

Joseph Robinette Biden Jr.age 81,   born November 20, 1942) in Scranton, Pennsylvania, is an American politician who is the 46th and current president of the United States. A member of the Democratic Party, he previously served as the 47th vice president from 2009 to 2017 under President Barack Obama and represented Delaware in the United States Senate from 1973 to 2009.  Biden moved with his family to Delaware in 1953. He studied at the University of Delaware before earning his law degree from Syracuse University. He was elected to the New Castle County Council in 1970 and became the sixth-youngest senator in U.S. history after he was elected in 1972, at age 29.

In her speech, Harris stated that the Biden administration "will continue to stand for the values that have been the bedrock of the U.S.-Israel relationship, which includes continuing to strengthen our democracies, which, as the ambassador has said, are both built on strong institutions, checks and balances, and I'll add – an independent judiciary." Her remarks were received with applause from the audience.

Simcha Dan Rothman, age 43 (Hebrew: שִׂמְחָה דָּן רוֹטְמָן, born 13 August 1980) is an Israeli lawyer, activist and politician. He is currently a member of the Knesset for the far-right Religious Zionist Party and the chair of the Knesset’s Constitution, Law and Justice Committee.  Rothman was born into a family that had immigrated to Israel from Cleveland in the United States in the early 20th century. For his mandatory military service he studied at Yeshivat Kerem B'Yavneh via the Hesder but was later discharged from conscription for medical reasons. He volunteered for active service, and served for 13 months  as a religious affairs NCO at the Military Engineering School.  After earning an LLB at Bar-Ilan University,  he studied for a master's degree in public law at Tel Aviv University of Israel  and Northwestern University in Illinois, USA.

Simcha Rothman, the chair of the Knesset’s Constitution, Law and Justice Committee, who is in the middle of an official visit to the U.S., attended the event in which Harris delivered this speech, despite neither having been on the guest list nor informing the Israeli embassy. During the ceremony, a woman approached Rothman and said, in Hebrew: "We will not let you ruin our lives here as well. They told you not to come, right? So why did you come?" (This was said because he is from the religious party.)

Shortly after, he was recorded saying: "Some woman comes up to me and says, 'No one invited you here, they told you not to come. Tell me, are you crazy? Who are you, ma'am? She's confident that this is her country.'" In 2023, following the formation of the thirty-seventh government of Israel, Rothman was appointed chairman of the Knesset's Constitution, Law and Justice Committee, where he led the efforts to overhaul Israel's judiciary that sparked the 2023 Israeli judicial reform protests.

We need Netanyahu to write a speech explaining the differences between the present Israeli judicial system and the reforms they need to take and why. It's enough that Israelis haven't understood their own system and that the heads of governments of the world do not understand why a 75 year old system needs polishing up. Recent explanations that I have seen were also too complimented for me to understand.

Simcha means "gladness or joy ""happy" in Hebrew. The reform idea has not met with any gladness or joy because of the timing and the poor explanation to the public. No doubt the Israeli government got the message on the 1st day of demonstrations.

Only 9 judges on the American Supreme Court whereas Israel has 15.The Supreme Court as composed June 30, 2022 to present.

Front row, left to right: Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice John G. Roberts, Jr., Associate Justice Samuel A. Alito, Jr., and Associate Justice Elena Kagan.
Back row, left to right: Associate Justice Amy Coney Barrett, Associate Justice Neil M. Gorsuch, Associate Justice Brett M. Kavanaugh, and Associate Justice Ketanji Brown Jackson.
Credit: Fred Schilling, Collection of the Supreme Court of the United States

All it needs is a few tweeks and it will be right in line with the American Supreme Court or better. The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all federal court cases, and over state court cases that involve a point of U.S. Constitutional or federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions.

The Supreme Court of Israel with Prime Minister Benjamin Netanyahu and former President Reuven Rivlin

The Supreme Court (Hebrew: בֵּית הַמִּשְׁפָּט הָעֶלְיוֹן, Beit HaMishpat HaElyon;  is the highest court in Israel. It has ultimate appellate jurisdiction over all other courts, and in some cases original jurisdiction.

The Supreme Court consists of 15 judges appointed by the President of Israel, upon nomination by the Judicial Selection Committee. Once appointed, Judges serve until retirement at the age of 70 unless they resign or are removed from office. The current President of the Supreme Court is Esther Hayut. The Court is situated in Jerusalem's Givat Ram governmental campus, about half a kilometer from Israel's legislature, the Knesset.

When ruling as the High Court of Justice (Hebrew: בֵּית מִשְׁפָּט גָּבוֹהַּ לְצֶדֶק, Beit Mishpat Gavo'ah LeTzedek; also known as its acronym Bagatz, בג"ץ), the court rules on the legality of decisions of State authorities: government decisions, those of local authorities and other bodies and persons performing public functions under the law, and direct challenges to the constitutionality of laws enacted by the Knesset. The court may review actions by state authorities outside of Israel.

After-thought:  Israel has been maintaining an 80% Jews to 20% Arabs-of mostly Muslim with some Christians in their population.

Out of the 48 + Muslim majority countries in the world, there is not one that has allowed any Jews as citizens.  Exception was before the birth of Israel when they were allowed in some Muslim countries as 2nd class citizens. 

Palestinian Muslims are treated a lot better in Israel than in an any Muslim majority country.  I note that Saudi Arabia has been very strict about this matter.  No Jews allowed.  Palestinians planning their country also says this:  No Jews allowed.  This is one reason why I say NO to a Palestine next door to Israel at this time under these circumstances.  

Resource:

https://en.wikipedia.org/wiki/Supreme_Court_of_Israel

https://www.ynetnews.com/article/rjypyatlh#autoplay?utm_source=email

https://www.whitehouse.gov/administration/vice-president-harris/

https://il.usembassy.gov/our-relationship/our-ambassador/

https://www.npr.org/2023/03/29/1166776967/biden-netanyahu-israel-us-tensions-rise