ISRAEL AT WAR - DAY 66

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Knesset lawyer admits key motive for recusal law was personal, but says its purpose was general

High Court of Justice judges at a court hearing on petitions against the government's prime minister recusal law, at the Supreme Court in Jerusalem, September 28, 2023. (Chaim Goldberg/Flash90)
High Court of Justice judges at a court hearing on petitions against the government's prime minister recusal law, at the Supreme Court in Jerusalem, September 28, 2023. (Chaim Goldberg/Flash90)

Yitzhak Bart, an attorney representing the Knesset in the High Court of Justice hearing on the prime minister recusal law, admits that “one of the main motives” for passing the legislation was to personally serve Prime Minister Benjamin Netanyahu’s interests and shield him from removal based on a conflict of interest agreement.

But he argues that what is more important and should form the basis of the discussion is the purpose of the law — distinct from the motives for passing it — which is general and transcends the motives that led the lawmakers to pass it.

He also says the motives of each of the MKs who voted in favor of the legislation can’t be learned from isolated sentences said by individual lawmakers during Knesset committee meetings. He says the “personal” nature of the law wasn’t necessarily meant to benefit Netanyahu as an individual, but rather as the head of the government the lawmakers took a part in forming.

Justice Ofer Grosskopf responds: “If the purpose [of the legislation] is to protect and give immunity to a government, does this not create a clash with the purpose of constituent authority?”

Jeremy Sharon contributed to this report.

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