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Thursday, July 27, 2023

Supreme Court Positions and History in USA and Israel Involving Hunter Biden and Benjamin Netanyahu

 Nadene Goldfoot                                             


                                            James Madison

James Madison (March 16, 1751 – June 28, 1836) was an American statesman, diplomat, and Founding Father who served as the fourth president of the United States from 1809 to 1817. Madison is hailed as the "Father of the Constitution" for his pivotal role in drafting and promoting the Constitution of the United States and the Bill of Rights.  James Madison chose to pursue his higher education at the College of New Jersey, which would later be known as Princeton University. Most prominent young Virginians, such as his future mentor and friend Thomas Jefferson, attended the College of William and Mary. But the Virginia college’s humid, coastal clime was thought to be detrimental to Madison’s health, so northward he went.

George Washington, for example, presided over the Convention. James Madison, also present, wrote the document that formed the model for the Constitution. Other U.S. Founding Fathers were not there, but made significant contributions in other ways.  

The Enlightenment philosopher Montesquieu coined the phrase “trias politica,” or separation of powers, in his influential 18th-century work “Spirit of the Laws.” His concept of a government divided into legislative, executive and judicial branches acting independently of each other inspired the framers of the U.S. Constitution, who vehemently opposed concentrating too much power in any one body of government.

The Framers of the Constitution were delegates to the Constitutional Convention and helped draft the Constitution of the United States. The main Founding Fathers were: John Adams, Benjamin Franklin, Alexander Hamilton, John Jay, Thomas Jefferson, James Madison, and George Washington.                         

                              Hunter with his father, President Biden

The judicial branch decides the constitutionality of federal laws and resolves other disputes about federal laws.  For instance, Hunter Biden's plea deal (son of President Biden) on hold after Federal judge (female appointed by Trump) raises concerns over the terms of the agreement.  She told him to return in 2 weeks with a better agreement. President Joe Biden’s son Hunter left the federal courthouse in Wilmington, Delaware Wednesday after pleading not guilty to two tax crimes amid the unraveling of a plea deal with federal prosecutors. (July 26).  He was working in Ukraine before war, and received money from a company there, and one in China.  

Israel has no constitution.  It's birth through the League of Nations and the United Nations was on May 14, 1948.  The Israeli Declaration of Independence stated that a formal constitution would be formulated and adopted no later than 1 October 1948. The deadline set in the declaration of independence proved unrealistic in light of the war between the new state and its Arab neighbors as they were attacked 10 minutes after its announcement.                              

David Ben Gurion ( 1886-1973) originally David Gruen; born in Plonsk, Poland;    It was David who read the Proclamation of the Establishment of the State of Israel in Tel Aviv, 14 May 1948.  He immigrated to Palestine in 1906, involved in first politics.  He studied law in Constantinople from 1912-1914.  The Turks expelled him from Palestine when he returned in 1915, so he then went to the USA.  

 By 1953 he resigned and lived in Sedeh Boker in the Negev but rejoined the government as minister of defense in Feb 1955 and resumed the premiership later that year until 1963.  

The first government of Israel formed by David Ben-Gurion on 8 March 1949, a month and a half after the elections for the first Knesset. His Mapai party formed a coalition with the United Religious Front, the Progressive Party, the Sephardim and Oriental Communities and the Democratic List of Nazareth, and there were 12 ministers.

A notable piece of legislation enacted during the term of the first government was an educational law in 1949 which introduced compulsory schooling for all children between the ages of 5 and 14.

Ben-Gurion resigned on 15 October 1950 after the United Religious Front objected to his demands that the Supply and Rationing Ministry be closed and a businessman appointed as Minister for Trade and Industry, as well as issues over education in the new immigrant camps.

Now Netanyahu, in his 3rd term of being Prime Minister, has decided that it's time to take the power the Judicial arm of government has over-developed away and give it only equal power like the other two parts of their government.  The people are afraid of rocking the boat, and almost the whole county has been out demonstrating against this.  

Israel's  judicial branch interprets and applies the law in the name of the state. It is independent of the other two branches of Government. The Israeli judicial system is comprised of three levels of courts: The Supreme Court, the district courts and the magistrates' courts.   In addition, there are family courts, juvenile courts, labor courts and others. Israel also maintains a system of religious courts: Rabbinical courts, Sharia courts and Druze courts.

Israel's Supreme Court with all the power--A single Supreme Court Judge may rule on interim orders, temporary orders or petitions for an order nisi, and on appeals on interim rulings of District Courts, or on judgments given by a single District Court judge on appeal, and on a judgment or decision of the Magistrates' Courts.        

In 1999, Rabbi Aryeh Deri (b: February 17, 1959 in Morocco) , was convicted of bribery, fraud, and breach of trust; he was given a three-year jail sentence.  The suspicions against Minister of the Interior Deri include tax evasion, money laundering, and obstruction of justice.The file was opened in 2015 after "Globes" reporter Shlomit Tsur revealed that since 2010 Deri together with wife Yaffa had held rights in a construction project in Jerusalem's Givat Shaul neighborhood, and had sold the rights to Adv. Shlomo Deri in 2013, before Aryeh Deri returned to a ministerial appointment. Shlomo Deri sued "Globes" and Shlomit Tsur for NIS 100,000 for slander, but withdrew the lawsuit in June 2017 on the recommendation of the Jerusalem Magistrates Court after it was made clear to him that the report did not constitute slander. "Globes" and Tsur were represented by Adv. Yoram Mushkat.At the same time, the Israel Tax Authority opened an investigation into cash transfers between the brothers, in the course of which further suspicions arose concerning other assets held by the family.


 At the end of 2012, ahead of the elections for the nineteenth Knesset, he returned to lead the Shas party as he was one of its founders.  Now Netanyuhu is being accused of similar things.  

The standard was used this year when Netanyahu dismissed key ally Aryeh Deri from all ministerial posts, in compliance with an Israeli High Court ruling that it was unreasonable to appoint him to positions in government due to his criminal convictions and because he had said in court last year that he would retire from public life.

Other elements of the overhaul would give the right-wing government more control over the appointment of judges, as well as remove independent legal advisors from ministries. Those bills have not yet advanced as far in the legislative process as the reasonableness bill.

What Netanyahu got out of this stress was a pacemaker to keep his heart beating.  He has been Prime Minister 3 different times, when the public was the most fearful of terror attacks.  Previously,  he served as premier from 1996 to 1999 and a record 12-year tenure from 2009 to 2021. This month marks his sixth term serving as prime minister.   Netanyahu was reelected as prime minister in 2009, 2013, 2015 and 2020.

  • Netanyahu stands accused of fraud, breach of trust, and corruption. He was indicted in 2019 in long-running cases involving gifts from millionaire friends and for allegedly seeking regulatory favours for media tycoons in return for favourable coverage. He has denied any wrongdoing. He rejected calls to step down from the country’s leadership after being indicted in 2019 and has repeatedly lashed out at law enforcement, the media, and the courts for launching a “witch-hunt” against him.

The prime minister and his supporters argue that the Supreme Court has become an insular, elitist group that does not represent the Israeli people. They say it has overstepped its role, getting into issues it should not rule on.(The trouble is, most of Israelis are demonstrating that they don't want it touched.)  

Last year, JERUSALEM, Nov 21 (Reuters) - Israeli Prime Minister-designate Benjamin Netanyahu won a defamation lawsuit on Monday against a predecessor who had alleged that he, his wife and his son were mentally ill, but received reduced compensation due in part to his political prominence.  It was Olmert.  Tel Aviv Magistrates' Court ruled that Olmert's portrayal of Netanyahu, his wife Sara and son Yair had exposed them to "hate, ridicule or degradation" and that the defendant had not substantiated the remarks with a proper medical assessment. I think we would call this defamation of character.  It came from the opposing political party.  

Defending his plans, the prime minister has pointed to countries like the United States, where politicians control which federal judges are appointed and approved. Example: Trump stands out for the large number of federal appeals court judges he appointed in only four years. Not surprisingly, the overall number of judges appointed by Trump in his single term (226) is well below the totals of recent two-term presidents, including Obama (320), George W. Bush (322) and Bill Clinton (367). But when it comes to the nation’s 13 federal appeals courts – which have the final word on most legal appeals around the country – Trump’s influence is clear.   The three Supreme Court justices he appointed – Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett – are the most by any president since Ronald Reagan (who appointed four) and the most by any one-term president since Herbert Hoover (though Richard Nixon appointed four in his first four years in office).

 Lawyer and  former law professor known for his work in U.S. constitutional law and American criminal law,  Alan Dershowitz advised him on this matter.

Gaon of Vilna, Lithuania-Elijah ben Solomon Zalman (1720-1797)

Not that it affects his position, Netanyahu’s mother, Tzila Segal, was an Israeli-born Jew and a direct line to The Gaon of Vilna, a very famous rabbi.  His father, Benzion Netanyahu, was a secular Jew from Poland. His father, born Benzion Mileikowsky, changed his name to Benzion Netanyahu after he settled in Palestine. He traces some of his roots to Spain.

Israel has put a Constitution on the back burner, and you know what happens there; the pot is ignored unless the fire siren turns on.  It looks like Netanyahu tried to get business tackled here, wanting to clear the stove, but got his fingers burned.  He's still working on it, stating on the video that his court problems have nothing to do with this Supreme Court and its extended powers.  Here's a different video, very interesting:  https://www.youtube.com/watch?v=OxpSFHl-u_g

     640.4 km or 397.9 miles apart; like from eastern  to western Oregon.  

We had a Jewish Gurian family in Portland, Oregon on 1910 census;  David Gurian b: 1873 in Minsk, Belarus- Russia.  He was 32, and a building contractor.  living in South Portland on Sheridan.  Could he be of the same line?  Could be.  DNA could tell all if there are descendants on both sides of these families.  


Resource:

https://www.history.com/topics/us-government-and-politics/three-branches-of-government

https://www.exploros.com/summary/The-Framers-of-the-Constitution#:~:text=The%20Framers%20of%20the%20Constitution%20were%20delegates%20to%20the%20Constitutional,James%20Madison%2C%20and%20George%20Washington.

https://apnews.com/article/hunter-biden-plea-deal-taxes-gun-drugs-690d38f1ffae4dfce2c171d21e7d3594

https://main.knesset.gov.il/en/about/pages/branchesofgovernment.aspx

https://www.history.com/this-day-in-history/netanyahu-elected-prime-minister-of-israel

https://www.jmuseum.lt/en/vilna-gaon-elijah-ben-solomon-zalman-2/i/156/vilna-gaon-elijah-ben-solomon-zalman-1720-1797/

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