Showing posts with label Corruption. Show all posts
Showing posts with label Corruption. Show all posts

Sunday, May 24, 2020

The Trial Begins: Netanyahu's Criminal Trial Officially Starts

It was a wild and crazy opening to a trial that will surely be one of the memorable events in the history of the State of Israel.  Prime Minister Netanyahu arrived today at the Jerusalem District Court for the official opening of his trial.  This was really only a date to read out the charges and set dates for the continuation of the trial.  But it was a polarizing and fascinating spectacle.

The Prime Minister arrived at the courtroom as part of a televised convoy of vehicles, all part of his security detail.  He then took to the steps of the courtroom and stood in front of a group of supporters including fellow cabinet ministers, members of his government and the other accused.  He gave a lengthy speech attacking the police, the prosecutor's office, the left and just about everyone else.  Given that his government has been in power for such a lengthy period of time, at least some of this vitriol had to have been directed at his own government.  After all, some of the people responsible for investigating him were his own appointees and designates.

Netanyahu argued that the three criminal cases that he is facing have been "sewn together" and add up to nothing.  He  spoke about pressure that the State used to obtain cooperation of State witnesses.  And he said "the people of Israel will judge him."  He went on about his electoral successes and the number of people who voted for him.  The TV stations  here broadcast the full speech - which went on for quite a while.  It was a call to the public to stand by him and provide unconditional support, no matter what might occur.

At the same time, there were busloads of Netanyahu supporters, from across the country, who had arrived to show their support for Netanyahu, "no matter what happens."  This may have been organized by Netanyahu's legal team but so far, there is no evidence of that.  The interviews with several of these witnesses were riveting and frightening.  "The "Kadosh Baruch Hu will protect him and ensure that justice is done," said several of those who were interviewed, using various other terms for the divine intervention that they are expecting.

Others attacked the court system, the prosecutor's office, the judges and the Israeli left.  Several of them played religious songs and danced in front of the courtroom as if they were at a wedding.  One 12 year-old girl was interviewed, standing next to her father, and said she had decided to come to the demonstration instead of her bat-mitzvah party.  She wanted to stand for "truth and justice," she said.  "They are harassing the Prime Minister," she continued, "they should just leave him alone...think about all of the great things he has done  for the country."  "I would rather be here standing for truth and justice than having a bat mitzvah party."  My only reaction to that was "wow."

There were also several protesters demonstrating against Bibi, but they didn't seem to get very much press coverage.

Ultimately, Netanyahu delayed taking a seat inside the courtroom until all of the press had left so that he could not be photographed sitting in the accused's dock.  And so it began.  As might be expected, Netanyahu's lawyers argued that he required an extensive time period to prepare and review the charges, well into 2021.  They had a new lawyer on the team and would need extra time to get up to speed. The prosecution argued that he has been aware of the charges and was provided with extensive evidence and materials quite some time ago.  They pushed for an early date for the continuation of the trial.  The three judges reserved and will announce a schedule later today or some time tomorrow.  

Earlier this week, several Israeli TV programs and news reporters conducted in-depth reviews of the three cases against Netanyahu.  They were able to do this based on the public release of transcripts of witness examinations, text messages, emails and evidence provided by Netanyahu himself.

The most serious set of charges involves the Bezek telephone company and its press subsidiary "Walla" which operates a Hebrew language on-line news service.  The prosecution alleges that Netanyahu provided extensive regulatory favours to Bezek which allowed them to earn millions of dollars over a period of two years.  In exchange, the prosecution alleges that the CEO of Bezek agreed to provide Netanyahu with favourable news coverage on Walla.  The prosecution has put forward a huge number of emails, text messages and other communications showing that Netanyahu and his wife, Sara, were sent articles in advance and given the opportunity to edit them and change them to make them more favourable to Bibi.  In some cases, Bibi and Sara were provided with advance copies of video interviews and allowed to splice them, delete sections and change the context of the interviews.  

Netanyahu's defence is that politicians always try to influence the media..  He argues that this is part of the game and can't be criminal.  His lawyers call this case an attack on the freedom of the press.  They claim that merely obtaining favourable press coverage cannot be the subject of a bribery case.  In fact, Netanyahu's legal team recruited world famous law professor Allan Dershowitz to come to Israel and make that argument at Netanyahu's preliminary argument last year.  Essentially, the argument was that even if Netanyahu provided something of value to Bezek (worth millions of dollars), he didn't get anything of value in exchange since "favourable press coverage" has no value.  Not surprisingly, the Israeli court dismissed this preliminary argument out of hand.  I imagine that Dershowitz's arguments in support of Trump would have also met the same fate if they were made before any panel of objective judges.  

Netanyahu did not speak about the other two criminal counts.  According to one count, he received hundreds of thousands of dollars worth of champagne and cigars from Israeli/American business people over a period of several years.  The gifts are well documented and not disputed.  In exchange, it is alleged that he provided them various favours, including, for example, assisting one to try and get President Obama involved in a business visa matter.  Here, Netanyahu's primary defence seems to be that "there is nothing wrong with getting some gifts from your friends..."  His lawyers have also said that if a good friend asks for a favour, of course you are going to help out.  They simply claim that there is no linkage between the two.

The third set of criminal charges also involve allegations of breach of public trust involving another news organization and an attempted deal to arrange favourable publicity.

Netanyahu has the right, as do all accused, to be considered innocent until and unless he is found guilty.  However, there is a great deal of damning evidence here and the legal defences that he is putting forward do not seem likely to assist him in getting out of this completely.

For that reason, Netanyahu has invested significant effort in trying to get legislation passed that would retroactively eliminate the charges and provide him with immunity.  However, under the current government coalition deal, has not been able to extract that concession.  If this current coalition falls apart and there is another election, before the trial is concluded, Netanyahu might still be able to use the political process to get himself out of legal trouble.  There is probably a reasonable bet on Netanyahu's part that this would be his best way of dealing with these issues.  After all, he came within 3 seats of being able to get those concessions after the most recent election and he has now eviscerated Gantz and his Blue and White Party.  It is quite possible that if a fourth election is called, Netanyahu may be able to cobble together a 61 seat majority "immunity coalition."

If that doesn't work, he may yet negotiate some sort of plea bargain deal, down the road.  His wife Sara negotiated a plea bargain deal last year which saw her agreeing to plead guilty and repay some of the money that she had fraudulently obtained from the state.  

If the case somehow makes its way all the way through a trial and through to a conclusion, it will be intense, highly contested, dramatic and unpredictable.  And throughout, Netanyahu is certain to continue using his out of court time to call on the Israeli public to accept only one conclusion to his legal problems, whatever the evidence might show and whatever the judges might otherwise decide.

Stay tuned, although  this trial is not likely to continue before the end of all of the Jewish holy days in late October, 2020 and it may not even start until months later.







Thursday, May 28, 2015

FIFA, Corruption And The Vote Over Israel

Israeli Prime Minister Netanyahu with FIFA President Blatter
It couldn't happen to a nicer organization...

Perhaps it was not much of a surprise to see that seven top FIFA executives were arrested in Zurich yesterday on charges of racketeering, fraud, money laundering etc.,  The charges apparently relate to bribes that FIFA officials are alleged to have received in connection with awarding the World Cup to South Africa in 2010.  Investigations have been opened over the awarding of the World Cup to Russia for 2018 and Qatar for 2022.  Qatar as a World Cup host?  Is there any other plausible explanation aside from bribery?

FIFA has long been the subject of swirling allegations of match fixing, bribery of officials and all sorts of other conduct.  FIFA President Sepp Blatter, who is now running for his fifth term on Friday, has vehemently denied having any knowledge of any such activities.  Funny enough, one of his strongest supporters is Russian President Vladimir Putin, who always seems to have "no knowledge" of different circumstances, particularly the untimely deaths of his various political opponents.

It is in this context that one must consider the Palestinian motion that has been brought to oust Israel from FIFA.  What's wrong with this picture?  For one thing, "Palestine" is not even a state.  Why does it have its own FIFA team to begin with?  It should have "FIFA observer status."

But consider - that the Palestinian FIFA organization is asking the 209 members of FIFA for a popularity contest vote with respect to Israel.  Not sure how Qatar, Saudia Arabia, Yemen, Turkey and some other human rights luminaries are likely to vote but  they seem disinclined to support Israel, to put it mildly.  I haven't seen a vote on the FIFA agenda for the suspension of Russia for its activities in the Ukraine or, for that matter, for the suspension of Palestine for the launching of rocket attacks at Israel last year.  This motion to suspend Israel is obviously a blatant political move by the Palestinians in their ongoing effort to delegitimize Israel by using the BDS movement, instead of making political concessions to reach a peace deal.

Consider for a moment the structure of FIFA.  Israel is already in the wrong division in an organization that is supposed to be apolitical.  Israel is part of UEFA, the European Football association rather than the Middle Eastern division.  For this reason, it is so difficult for Israel to gain entry to the World Cup finals.  Geographically, Israel should be grouped with its neighbours.  It should have to play Lebanon, Egypt, Syria, Jordan etc., to qualify.  If those countries were to boycott the matches, they could be considered to have defaulted the game.  If there are any security concerns, matches could be played in neutral territory in Europe.  But instead, FIFA has always given in to the notion that a whole geographic area can exclude Israel and force Israel to play with the Europeans.  If FIFA had any balls as an organization (and not balls that were being artificially inflated or otherwise doctored), it would take the appropriate steps to ensure that Israel is in the proper division.

So the issue has already been politicized.  Now the Palestinians have clamoured for a vote to suspend Israel.  With yesterday's news of the arrests of several FIFA officials, it became clear that an investigation has been going on at FIFA for more than a year.  These FIFA officials have known, or certainly should have known what was going down. 

In the face of this type of pressure on FIFA, why not do what Middle Eastern countries always do?  Blame Israel for everything, lob the ball over to the Israeli side of the pitch and see if all of the negative attention can be deflected to Israel.  Moreover, with allegations of bribery swirling over the award of the 2022 World Cup to Qatar - a key financier of Hamas and backer of various terrorist activities, perhaps it was even a condition of the award to Qatar that this type of motion would be brought at FIFA.

A cynic might question the timing of U.S. prosecution officials and wonder why so many FIFA officials would be arrested just as the issue of suspending Israel was coming to a vote.  Fair enough, the timing is interesting.  But this investigation has been going on for more than a year and is apparently just the tip of the iceberg.  It will be really interesting to find out how Russia and Qatar were awarded their World Cups.  (South Africa apparently bribed officials to the tune of $10 million U.S. to get the games).

With this background information, it seems far more likely that the Israel issue is much more of a smoke screen, a cloud set up to distract attention from what is really going on at FIFA.  In other words, the timing issue is probably the exact opposite of what the cynic might suggest.  It is FIFA, down by a player or two (or seven), with a collection of yellow cards (or whatever colour U.S. indictments might be) that is begging the referee to hand Israel a red card at a crucial moment to deflect attention from its own foul play. 

Can anyone really say that Israel is the one country in the world that should be suspended from participating in world football with everything going on in the world?  I haven't heard of any pending votes on Russia (over Ukraine), China (over Tibet), or countless other countries.  If FIFA decides to go down this road of politicizing football even more than it already does, it may wind up with only a handful of member countries who are deemed to be worthy of participation in its illustrious organization. 

The best outcome for Israel, for FIFA, for world football and for international sports would be a vote in which Israel manages to scrape together more than the one-third that it needs to avoid suspension.  Hopefully, an even more decisive vote would send the message that political disputes should not be played out on the football pitch. 

Perhaps the next discussion topic, if Israel is successful, will be the realignment of FIFA divisions to put Israel in the Middle East, where it really belongs.  But, of course, that is just a dream.  Given FIFA politics, it is far more likely that the organization will soon vote to add a new member to the organization - ISIL/ISIS - with its apparent expertise at heading the ball - and beheading opposition players. 

World Football fans might even get to watch ISIL play Palestine at the 2022 FIFA World Cup in Qatar, while some democratic countries like Israel sit out on the sidelines.  Can't wait...