Israeli Prime Minister Benjamin Netanyahu politely, but firmly educated CNN’s Jake Tapper on Tuesday on the alleged threat to democracy his “pretty outrageous” supreme court reforms pose by pointing out that what he is proposing is not all that different from countries like Canada and the United Kingdom.
Tapper led off by explaining what he considers to be the most controversial of those reforms, “So, let's talk about your new government, because we are now in a period, President Biden likes to say, I think you do as well, of -- of a challenge of democracy versus autocracy. And you saw the weekend -- over the weekend massive protests throughout Israel, over your new judicial reform plan that would allow the Israeli parliament, the Knesset, to override a supreme court decision with a simple majority vote.”
Implying that Netanyahu is a threat to democracy is pretty outrageous. Not only did he just win fair and square, this is also this third separate tenure as prime minister, meaning he has no problem accepting defeat when it happens. Still, Tapper asked, “In 2017 though, just five years ago, you touted the importance of a strong, independent, honest and impartial court. Your own former Defense Minister Moshe Ya'alon tweeted that this proposal -- your proposal would, ‘burn down the country and its values.’ What's your response?”
Netanyahu responded by giving a civics lessons, “Well, first of all, I haven't changed my view. I think we need a strong, independent judiciary. But an independent judiciary doesn't mean an unbridled judiciary, which is what has happened here, I mean, over the last 25 years.”
After referencing America’s Founding Fathers and the separation of powers, Netanyahu elaborated, “In Israel, that balance has been thrown askew and you have one branch, a huge branch -- a trunk -- tree trunk -- the judiciary, basically overcoming and arrogating to itself the powers of the legislative and the government.”
Tapper was unconvinced, “But would a simple majority vote overturn a supreme court decision? I mean, that seems pretty outrageous… a lot of these same people are expressing concern to you, publicly and privately about what this means.”
After giving an American civics lesson, Netanyahu went international, “Well, I think they should look at the provisions of this -- of this reform. Britain doesn't have a constitution like us, and the court cannot rule down -- strike down any decision of the -- of the British parliament.”
Apparently not hearing anything Netanyahu just said, Tapper interrupted, “But that means you and your party right now could override anything.”
Netanyahu then took issue with Tapper’s portrayal of the override reform, “There are checks and balances in -- in -- in that proposal.”
After Tapper repeated his previous point, Netanyahu expressed willingness to hear suggestions on the matter, “Well, there's something that could be discussed, but let me tell you -- and it will be if the other side deigns to.”
Returning to other countries with similar override provisions, Netanyahu explained, “And here's a country that has exactly this provision, it's called Canada. Is Canada not a democracy? Is Britain not a democracy? Is New Zealand not a democracy? Because they all have -- either have these provisions of -- such a provision or have no ability of the court to strike down laws.”
Israeli prime ministers calling out CNN for their spin has become recurring theme of late. Meanwhile, Netanyahu’s alleged peace partner was supposed to be up for re-election in 2009, but that election never happened.
This segment was sponsored by Panera Bread.
Here is a transcript for the January 31 show:
CNN Exclusive: One-on-One with Benjamin Netanyahu
1/31/2023
9:23 PM ET
JAKE TAPPER: So, let's talk about your new government, because we are now in a period, President Biden likes to say, I think you do as well, of -- of a challenge of democracy versus autocracy. And you saw the weekend -- over the weekend massive protests throughout Israel, over your new judicial reform plan that would allow the Israeli parliament, the Knesset, to override a supreme court decision with a simple majority vote.
In 2017 though, just five years ago, you touted the importance of a strong, independent, honest and impartial court. Your own former Defense Minister Moshe Ya'alon tweeted that this proposal -- your proposal would, "burn down the country and its values." What's your response?
NETANYAHU: Well, first of all, I haven't changed my view. I think we need a strong, independent judiciary. But an independent judiciary doesn't mean an unbridled judiciary, which is what has happened here, I mean, over the last 25 years.
You know, we come from -- you spent -- I spent some years in Philadelphia. You grew up there. Okay. There's this place called Independence Hall. And these brilliant people met there and they said in order to secure freedom and democracy, you need the balance of three branches of government. Okay.
In Israel, that balance has been thrown askew and you have one branch, a huge branch -- a trunk -- tree trunk -- the judiciary, basically overcoming and arrogating to itself the powers of the legislative and the government.
TAPPER: But would a simple majority vote overturn a supreme court decision? I mean, that seems pretty outrageous.
We've seen lots of people -- and you've heard from the governor of the Bank of Israel, lots of serious business leaders, lots -- you're so proud, and rightly so, of the economy that you have helped build in Israel. And a lot of these same people are expressing concern to you, publicly and privately about what this means.
NETANYAHU: Well, I think they should look at the provisions of this -- of this reform. Britain doesn't have a constitution like us, and the court cannot rule down -- strike down any decision of the -- of the British parliament.
TAPPER: But that means you and your party right now could override anything–
NETANYAHU: No, wait –
TAPPER: -- in the -- that supreme -- that the supreme court rules.
NETANYAHU: There are checks and balances in -- in -- in that proposal.
TAPPER: But a simple majority vote in the Knesset.
NETANYAHU: Well, there's something that could be discussed, but let me tell you -- and it will be if the other side deigns to –
TAPPER: You are willing to slow it down? You're willing to –
NETANYAHU: I wanted to hear counteroffers. I called for them. But here's the other thing –
TAPPER: OK. So, you are willing to slow it down.
NETANYAHU: And here's a country that has exactly this provision, it's called Canada. Is Canada not a democracy? Is Britain not a democracy? Is New Zealand not a democracy? Because they all have -- either have these provisions of -- such a provision or have no ability of the court to strike down laws.
