This isn’t a constitutional crisis — just Netanyahu testing boundaries
The new “constitutional crisis,” the claim that the government supposedly will not comply with the High Court of Justice’s ruling on the Council of the Second Authority for Television and Radio, is nothing more than a maneuver. A spin.
The High Court’s ruling is not ideal from a legal standpoint, which is why it is easy to attack. But all it really says is this: the Council may convene and make decisions in its current composition. Any decisions.
The main issue currently before the Council is whether to approve the sale of Reshet 13 to new owners, something Netanyahu very much wants to block. Netanyahu tried to advance the sale of Reshet 13 to another friend, Patrick Drahi, who operates Channel I24 news with an agenda that suits Netanyahu. But that deal did not go through for various reasons.
According to the High Court, the Council of the Second Authority is authorized to decide whether or not to approve the sale of Reshet 13.
A brief history: The communications minister, Shlomo Karhi, through his chief of staff, pressured several Council members whom he himself had appointed to resign from the Second Authority Council. Under the law, the Council may convene and make decisions only when a majority of its appointed members are present. Since the Council is supposed to have 15 members, and eight resigned, the plain meaning of the law is that it cannot convene or make decisions.
Because some members of the Second Authority Council resigned from the outgoing Council under pressure, yet were also expected to serve on the new Council appointed by Karhi, and because that contradiction points to an obvious improper motive, namely resignation driven by a clear outside interest alongside a willingness to serve on the same Council — the Court ruled that this was an improper pressure which created this situation and that the Council may convene and make decisions.
So in practice, there is no High Court ruling here that the government can violate. It is simply not in the government’s hands.
What Netanyahu is really trying to do is put pressure on the chairman of the Second Authority, Mordechai Mordechai, a professional civil servant, upright, decent man, whose appointment went past Karhi (thankfully), and on the Council members as well.
I have no doubt that the chairman of the Second Authority will make the decision that is right for democracy: approving the sale of Reshet 13 in order to preserve media diversity.
There is also no doubt that this is Netanyahu testing the waters for what comes next — before the elections, during the elections, and after the elections, whatever the purpose or circumstance may be.
So yes, this whole story about a “constitutional crisis” is hot air. There is no High Court ruling here that the government can violate. The ruling says that the Council of the Second Authority is authorized to make a decision. Any decision.
The constitutional crisis will have to wait a few more weeks or months.
