Wednesday, October 2, 2019

The Empire Strikes Back


Impeachment Investigation Against Trump Parallels Probes Against Netanyahu




U.S. House Speaker Nancy Pelosi’s recent announcement that she is opening an official impeachment inquiry against U.S. President Donald Trump struck many Israelis as yet another sign that Israeli Prime Minister Benjamin Netanyahu and Trump are in the same boat. Both are being hounded by legal elites who will stop at nothing to oust them from office.



During his tenure in office, Biden was responsible for U.S. ties with Ukraine. As investigative journalist Peter Schweitzer reported, in April 2014, Biden’s son Hunter was appointed to the board of Burisma, a Ukrainian gas company. Over the next 16 months, Burisma paid Hunter Biden $3.1 million. Biden joined the company while Burisma was under criminal probe by British and Ukrainian investigators.
In a post-vice presidency appearance before the Council on Foreign Relations, Biden bragged that he had conditioned the provision of $1 billion in U.S. loan guarantees to the Ukrainian government—loan guarantees that had already been approved by President Barack Obama—on the firing of the Ukrainian prosecutor carrying out the investigation against Burisma. Given the stakes, the Ukrainian government bowed to his demand. The prosecutor was fired and the loan guarantees were extended.
Speaking of Biden’s admitted intervention with the Ukrainian prosecution, Trump said, “There’s a lot of talk about Biden’s son, that Biden stopped the prosecution and a lot of people want to find out about that, so whatever you can do with the attorney general would be great. Biden went around bragging that he stopped the prosecution so if you can look into it … It sounds horrible to me.”
Democrats claim that Trump’s discussion with Zelensky constitutes an illegal solicitation of foreign assistance for his 2020 reelection campaign. Republicans counter that Trump was reasonably trying to understand what happened to the DNC server in 2016. The story has served as a basis for claims that his presidency is illegitimate, and continuous investigations of his campaign.
Leaving aside the weight of the opposing claims, the fact is that there is nothing unique about Trump’s actions. As Mark Thiessen noted in The Washington Post, in 2018, three Democratic senators urged the Ukrainian government to continue investigations into Trump’s alleged collusion with Russia during the 2016 presidential campaign.



The criminal probes against Netanyahu relate to actions he took to secure positive media coverage that are similar, if not identical to routine political behavior. The two major probes against Netanyahu—dubbed Case 2000 and Case 4000—allege that Netanyahu acted criminally when he met with media owners in bids to secure more positive coverage.


In Case 2000, Netanyahu is accused of having breached the public faith when he met with Yedioth Ahronoth publisher Arnon Mozes in an effort to secure positive media coverage. Yedioth’s coverage of Netanyahu has been unstintingly negative. In Case 4000, prosecutors allege Netanyahu accepted a bribe in the form of positive media coverage on the Walla news portal from Walla owner Shaul Elovich. As with Yedioth Ahronoth, Walla coverage of Netanyahu has been almost uniformly hostile.


Leading jurists from professor Alan Dershowitz of Harvard University to professor Avi Bell from Bar-Ilan University agree that the legal proceedings against Netanyahu are political and based on prejudicial and selective enforcement of statutes which prosecutors are interpreting inventively.
As is the case with the allegations related to Trump’s dealings with Zelensky, the first problem with the probes against Netanyahu is that his actions were far from unique—although less successful than similar actions by other politicians.

In just one striking example of the inherent bias of the charges against Netanyahu, consider the behavior of the prosecutors in relation to Blue and White Party co-chairman and Yesh Atid Party leader Yair Lapid and his relations with Mozes and Elovich.


Today, post-election wranglings in Israel over governing coalitions are guided by varied assessments of the likelihood that Attorney General Avichai Mandelblit will indict Netanyahu. During the campaign leading up to the April elections, Mandelblit cast legal norms distinguishing politics from law to the seven winds. He took the unprecedented step of announcing that pending the outcome of Netanyahu’s pre-indictment hearing, which is scheduled for this week, he intends to indict the premier on bribery and breach of trust charges over his dealings with Mozes and Elovich.

Now, as Netanyahu prepares for his pre-indictment hearing, the prosecution has leaked its intent to indict Netanyahu by mid-November. In other words, they have no intention to consider Netanyahu’s defense claims. The outcome is preordained.
Unfortunately for Pelosi, the Democratic base—including the media and the empowered radical faction of her Democratic caucus—have become deaf to reason. According to a Politico poll, whereas 70% of Democrats support impeachment, only 37% of the public does. The likes of Reps. Anastasia Ocasio-Cortez and Rashida Tlaib, like The New York Times and The Washington Post, live in an echo chamber. Members of the echo chamber are so cut off from those outside it that just as they cannot fathom anyone objecting to socialism, so they cannot imagine that anyone supports Trump or accepts the validity of the 2016 election results.
It is hard to know how the impeachment proceedings will play out, but a likely scenario is that the proceedings will damage Democrats more than they will damage Trump.
This then brings us back to Israel.
Like Pelosi and her colleagues, Blue and White leaders Benny Gantz and Lapid and their colleagues on the left claim that the very fact that Netanyahu is under investigation renders him illegitimate. They refuse to form a unity government with Likud unless Netanyahu is first ousted as Likud leader.
But unlike Pelosi, Gantz and Lapid don’t need to make their claims themselves. Lapid, whose ministers gave preferential treatment to Yedioth through government advertising contracts and received glowing coverage in the paper, does not have to argue the case for impeaching Netanyahu. He stands behind the ostensibly objective state prosecutions.










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