As in the United States, where the U.S. House of Repesentatives is attempting to impeach the incumbent president, the nation seems to be taking sides: “He’s guilty” or “He’s innnocent.”
SO FAR, NO TRIAL — not in Israel and not in the U.S.
IN THE U.S., the U.S. Senate may — if the House Democrats and a handful of Republicans have their way — try a president for whatever crimes the members of the House claim the president committed.
From the U.S. Senate web site1: (T)he House of Representatives may impeach—formally charge—that official. If the official subsequently is convicted in a Senate impeachment trial, he is removed from office.
The U.S. Constitution makes it clear2 that “The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.”
The U.S. House has impeached — sent to the Senate for trail — two presidents: Andrew Johnson and Wm. Jefferson Clinton. The Senate failed to convict either with the Concurrence of two thirds of the Members present.
In theory, if there are only 30 senators in the chamber, 20 could impeach an incombent.
Andrew Johnson and Wm. Clinton (with wife)
Johnson was indicted (impeached) by the House for “high crimes and misdemeanors.”
According to a U.S. Senate web site (https://tinyurl.com/y79aq7b9), “During the years immediately following the Civil War, President Andrew Johnson clashed repeatedly with the Republican-controlled Congress over reconstruction of the defeated South. Johnson vetoed legislation that Congress passed to protect the rights of those who had been freed from slavery. This clash culminated in the House of Representatives voting, on February 24, 1868, to impeach the president. On March 5, the trial began in the Senate, where Republicans held more seats than the two-thirds majority required to remove Johnson from office. When the trial concluded on May 16, however, the president had won acquittal, not because a majority of senators supported his policies but because a sufficient minority wished to protect the office of the president and preserve the constitutional balance of powers.”
The House brought Clinton up on four charges (https://tinyurl.com/txez3ac):
* ”willfully provided perjurious, false and misleading testimony to the grand jury
* ”willfully provided perjurious, false and misleading testimony as part of a Federal civil rights action brought against him
* “engaged personally, and through his subordinates and agents, in a course of conduct or scheme designed to delay, impede, cover up, and conceal the existence of evidence and testimony related to a Federal civil rights action brought against him in a duly instituted judicial proceeding and
* ”refusing and failing to respond and in making perjurious, false and misleading statements, assumed to himself functions and judgments necessary to the exercise of the sole power of impeachment vested by the Constitution in the House of Representatives and exhibited contempt for the inquiry.”
The Senate vote in the Clinton trial was split evenly: 50-50.
Israel lacks a constitution as Americans know it.
It also lacks a bicameral (two equal houses) government.
Israel’s Attorney General has brought charges (indictments) against the prime minister.
Who will try the prime minister?
Unlike the U.S. that has, basically two political parties — there have been rogue candidates in the past such a Geo. Wallace and Bernie Sanders, but they have proven to be nothing more than headline grabbers — Israel has, depending on the season, anywhere between 10 and 30 parties.
It would seem as if the state’s Supreme Count will be the venue for a trial of the prime minister if the crimes are sufficiently serious or if there are appeals.
The two countries ARE alike in that the majority of the media is left-leaning and each country has liberals who know the incumbent is guilty, guilty, guilty. Never mind if there is evidence to support the charges.
The Israeli Supreme Court, as in the U.S. — depending on your political point of view — either reins in the Knesset or makes laws on its own.
According to an Israel Government web site3, 15 judges sit on the court, most are Israeli born and most served in the Israel Defense Forces IDF). Of the 15, five are women, including the current president of the Supreme Court. The political affiliations are not identified.
In the past, Israeli prime ministers and presidents have been brought before the bench.
Ehud Olmert4 – A confidant of Arial Sharon, prime minister from 2006 to 2009, cabinet minister 1988–1992, 2003–2006, mayor of Jerusalem 1993–2003. Convicted of breach of trust in July 2012, and of bribery in March 2015. In May 2015, Olmert was sentenced to six years in prison, but his sentence was reduced to 18 months in December 2015.
Moshe Katsav – Iranian-born, the 8th president of the State of Israel. In a landmark and unprecedented case, on 30 December 2010, Katsav was convicted of two counts of rape, obstruction of justice, and other charges. On 22 March 2011, in a landmark ruling, Katsav was sentenced to seven years in prison.
It is interesting that an Israeli-born recidivist (twice convicted) got a greatly reduced sentence while an Iranian-born criminal got seven years. Admittedly, Katsav’s crimes included rape. I am not suggesting that Katsav should have gotten less time.
Because of the nature of both Congresional houses, it is very likely the Senate would find the House’s impeachment (indictment) lacking evidence to remove a president from office.
What will happen in Israel is, at this point, anyone’s guess.
Meanwhile, Israel is threatened by Iran and its proxies and cannot afford to lack strong, determined leadership, regardless of who sits in the prime minister’s chair.
Sources
1. https://tinyurl.com/u9v2vhu
2. https://tinyurl.com/rf82jql
3. https://tinyurl.com/qn72qek
4. https://tinyurl.com/jgpbjk5
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