Appeal filed in High Court against Ben-Gvir's appointment as minister

The appeal quoted Netanyahu saying in 2020 and 2021 on a number of occasions promising that Ben-Gvir was not worthy of serving as a minister and would not be a member of his government.

Head of the Otzma Yehudit party MK Itamar Ben-Gvir speaks at a ceremony on the second night the Jewish holiday of Hanukkah, at the Western Wall in Jerusalem Old City, December 19, 2022.  (photo credit: YONATAN SINDEL/FLASH90)
Head of the Otzma Yehudit party MK Itamar Ben-Gvir speaks at a ceremony on the second night the Jewish holiday of Hanukkah, at the Western Wall in Jerusalem Old City, December 19, 2022.
(photo credit: YONATAN SINDEL/FLASH90)

Three citizens and a civil organization filed a joint appeal to the High Court on Monday against Otzma Yehudit chairman Itamar Ben-Gvir’s imminent appointment as national security minister.

According to the appeal, Ben-Gvir’s appointment suffers from “extreme unreasonableness” due to him being a “serial disrupter of public order,” and that he still held extremist and racist attitudes while giving a “false impression” that he had become more moderate.

The appeal also accused presumptive prime minister Benjamin Netanyahu of not giving enough thought to the implications of such an appointment.

What does the appeal against Ben-Gvir say?

Two citizens who filed the appeal, Orny Patrushka and Yossi Shusman, described themselves as “citizens who are anxiously observing the structure of Israeli democracy being weakened right in front of the public’s eyes.” The two have filed a number of appeals in recent years connected to “safeguarding democracy and defending core rights and freedoms.”

The civil organization in the appeal is the “Movement to Strengthen Tolerance in Religious Education,” which leads the “Tag Meir” coalition, which acts to “encourage values of tolerance and Judaism and mitigate hate crime and racism.” The third civilian in the appeal, Gadi Gvaryahu, is also a member of Tag Meir.

Israel's opposition leader Benjamin Netanyahu is seen gesturing at the Knesset, on July 26, 2021. (credit: MARC ISRAEL SELLEM/THE JERUSALEM POST)Israel's opposition leader Benjamin Netanyahu is seen gesturing at the Knesset, on July 26, 2021. (credit: MARC ISRAEL SELLEM/THE JERUSALEM POST)

Under the sub-headline “Ben-Gvir as a disturber of public order,” the appeal quoted a number of officials from events surrounding Operation Guardian of the Walls in May 2021, who accused Ben-Gvir of stoking the flames as rioting broke out in mixed Jewish-Arab cities.

“One can see clearly and convincingly that Ben-Gvir acted in a methodical and effective way (unfortunately) to stoke, if not to ignite the riots that occurred between Jews and Arabs in Operation Guardian of the Walls but not only,” the appeal said.

The appeal also quoted Netanyahu promising on a number of occasions in 2020 and 2021 that Ben-Gvir was not worthy of serving as a minister and would not be a member of his government.

Under another sub-headline saying “Ben-Gvir hunts, disgraces and degrades political opponents,” the appeal listed many instances, including in the past year, when the incoming national security minister accused Arab and left-wing members of Knesset of being terrorists and traitors. The appeal pointed out that this has been Ben-Gvir’s rhetoric for decades, going back to the ’90s, when a number of rulings in Ben-Gvir’s approximately 53 indictments noted the severity and danger of his comments.

The next section, titled “Ben-Gvir, racism, hating the other and the philosophy of Meir Kahane,” brought a list of quotes from Ben-Gvir’s speeches at memorials to Kahane over the years. The speeches showed that he was still an adherent of Kahane’s racist philosophy, the appeal claimed. It added that even if Ben-Gvir proclaimed today that he has become more moderate, his ongoing affiliation with outspoken Kahanists such as Bentzi Gopstein proves otherwise.

The appeal also listed events in the past year when Ben-Gvir drew his pistol, allegedly in circumstances where such action was grossly inappropriate.

All this amounts to the “extreme unreasonableness” of his appointment as minister, the appeal argued, noting that this concept was introduced many times in the past by the High Court in order to bring into question decisions made by people or bodies in power.

The appeal against Ben-Gvir came a day after a similar appeal was filed by the Movement for Quality Government against Netanyahu’s intent to appoint Shas chairman Arye Deri as a minister regardless of the latter’s conviction for tax offenses and a suspended jail sentence.

The movement claimed in its appeal on Monday that Deri’s appointment would cause “serious damage to moral integrity and public trust in elected officials,” and would be “tainted by corruption and lack of good faith, unreasonableness and extreme disproportionality.”