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Saturday, June 04, 2005

Manhigut Yehudit Weekly Email Update
The Jewish Leadership Movement

In this week's update:
The Arrest of the Leaders of the National Home Movement
Tens Still Under ArrestWhat's Next?
Victory in the Supreme Court
New Articles
New Audio Uploads
New Torah Sparks

The Arrest of the Leaders of the National Home Movement
Ariel Weingruber and Shai Malka, the leaders of the National Home movement (both in their early twenties), were brought to court twice this week for extension of their arrest. Ariel and Shai represented themselves in a noteworthy manner, but it was obvious that the judges could not resist the pressure applied to them from above, and the judgments are pre-determined.

In the hearing, Ariel and Shai cited previous demonstrations by the Histadrut, the taxi drivers, the university students, doctors and lifeguards in which roads were blocked, threats were made to "shut down the country," or lives were clearly endangered (the lifeguard strike). Nonetheless, the leaders of these protests were not tried for sedition. "In contrast to the above protests", they reiterated, "which revolved around economic issues, we are trying to save the very lives of all the citizens of Israel."

"Civil disobedience is a practice accepted in every proper democracy. It has been performed in France, in the USA, and in Russia. It is implemented when a large part of the public is trampled and feels that all 'legitimate' means are denied them," they continued. "We are not violent people attempting to overthrow the law of the State. We are people who are concerned about the State, love it, and are attempting to protect it from an authority that is attempting to destroy it."

The charge of sedition is a draconic one that remains in the Israeli penal code from the Mandatory period. Chief Justice Aharon Barak himself declared in the past that it should be repealed. According to this law a person can be sent to jail for a long sentence because he aroused in the public feelings of dissatisfaction with or contempt for the regime.

To date, the sedition law has been enforced against demonstrators only once -- against the leaders of Zo Artzeinu, Moshe Feiglin and Shmuel Sackett. It appears that this law has been retained for use against lovers of the country. Ariel and Shai, welcome to the exclusive club!

Click here to read: A Letter from Jail.A letter that was sent from the Russian Compound Jail (Jerusalem)by: Ariel Weingruber and Shai Malka

Teens Still Under Arrest
Tens of detainees remain in jail. They include many minors who refuse to identify themselves and are continuing their struggle from behind bars. In one of the court sessions the judge asked a young girl: "What about the commandment to honor one's parents? After all, your parents are worried about you." The girl didn't want to identify herself, so she didn't explain to the judge that her father was murdered by Arabs due to the recklessness of the very system that the judge represents. She didn't explain to the judge that her father, who is clearly observing her actions from the heavens, brought her up in the path of self-sacrifice and devotion that she is displaying today, and that her widowed mother and her orphaned brothers are very proud of her. Instead, the girl simply asked the judge: Are you implying that Jews that died defending Israel didn't observe the commandment to honor one's parents?"

The Establishment doesn't know what to do with this phenomenon and they are starting to apply pressure to the detainees. "We will split you up and jail you with murderers and rapists" they threatened. In such a case, explains MK Aryeh Eldad, the Trial Run operation will seem like child's play. The detainees' friends will carry out a far greater operation and the number of people arrested will be so great that it will be impossible to separate them.

What's Next?
As the leaders of the National Home movement explained, stage two of the struggle will begin the moment Gush Katif is closed off. Until that time spontaneous demonstrations and roadblocks will take place, to keep the struggle on the boil. The major task of the young people now is to go to work in Gush Katif.

In the past, agriculture in Gush Katif was based on foreign workers, who are now leaving because of the eviction plan. Their place will be taken by the loyal youth. Everyone will benefit from this -- the residents of the Gush will receive Jewish workers and significant encouragement. The eviction forces will find themselves facing real, unexpected, numbers of reinforcements, and the youngsters will be given the opportunity to make a valuable contribution during the summer vacation. We must not wait until the Gush is sealed off. We must go there in advance and work, and the sooner the better.

Victory in the Supreme Court
Last Sunday five judges of the Supreme Court, headed by Aharon Barak, heard State Atorrney Mazuz's petition to overturn the ruling that Moshe Feiglin's conviction on sedition did not involve moral turpitude.

Mazuz, in his usual cowardly manner, avoided appearing personally in the challenging session and sent one of his senior prosecutors to represent him. Feiglin represented himself. (All the quotations appearing here are as recalled -- the protocol of the session was edited and censored before being released, so that it is incomprehensible.):

Barak: We have two problems. One is that in the present composition of the court there are some judges who have already expressed their opinion in the matter. The second is: Why address the matter now, when the period of moral turpitude ends anyway in July 2005?

Prosecution: We see no problem in the composition of the court. We think there is importance in principle to the hearing, even though it is of no potential significance in Feiglin's case.

Barak: Mr. Feiglin, do you wish to respond?
Feiglin: First, I should like to make it clear that I do intend to be a candidate for the leadership of the Likud and of the country. However, the hearing has no practical significance and, as I shall explain later, neither does it have any significance in principle. Consequently it makes no difference what the composition of the court is.

Barak: (to the prosecution): What is the real reason for the urgency of the hearing now?

Prosecution: There are two reasons: The first is that we are discussing offences that represent a challenge to Israeli democracy. The second is that we see the great demonstrations that are taking place today. We should ensure that those who plan to carry out such activities should be aware that they will be charged with moral turpitude.

Barak: Mr. Feiglin?

Feiglin: Regarding the first argument: If there is something that is undermining the foundations of democracy, it is the body that the honorable lady (the representative of the Prosecution) represents. This is a body that is preventing a citizen who struggled against the government, was convicted, and served his sentence, from exercising the most fundamental right in a democratic regime -- the right to vote and be elected. Such a body is far more dangerous to democracy than any legal or illegal activity carried out by any citizen. Those who removed me from the Likud list of candidates for the Knesset after I had been elected, are guilty of moral turpitude against Israeli democracy.

Regarding the second argument that refers to deterrence of demonstrators by the punishment of moral turpitude: Unfortunately I think that this is a real tragedy, but this is what is actually happening. If anyone thinks that the ruling of the court, to impose or not impose on me a charge of moral turpitude, will have any effect on anyone's decision whether to go and demonstrate, then he fails to understand the tremendous gap that has opened up between the public and this honorable institution... and I say this regretfully... this is simply a tragedy...

Barak: We shall have an intermission of five minutes.

Prosecution: I wish to request two things: that a date be fixed for continuation of the hearing; and that an injunction be issued...

Feiglin: Can you explain to me what an injunction is, so that I can decide whether to agree to it or oppose it?

Prosecution: Gives a long, tortuous, explanation.

Feiglin: (to Barak): Regarding the request for a date for the hearing, I have no problem with this. As far as I'm concerned, you can continue the hearing now. Regarding the injunction, I'm sorry but I couldn't understand the explanation of the petitioner. Perhaps the court can explain to me what is involved?

Barak: There's no need for an explanation, Mr. Feiglin. There will be neither an injunction nor a date. I'm closing the hearing.

Read Moshe Feiglin's written reply to the Supreme Court (Adar II 5765 - Mar. 05)
Keep up to date with the latest articles and audio updates.Visit our "What's New?" web page.

New Articles
Wild Flowers Grew in the Garden by: Moshe Feiglin (Worth reading if you missed last weeks update)"

Jews Don't Expel Jews By Dr. Yitzchak Klein

New Audio Uploads
audio Yehudit Dasberg: An Arutz 7 Interview: What Made You Join Manhigut Yehudit?
Click here to listen on-line with your media player (streaming)To download this audio file visit Jewish Leadership Audio at :
Keep up to date with the latest articles and audio updates.Visit our "What's New?" web page.

Manhigut In the News
A Jew is a Jew by: Gary Fitleberg (Israel Insider)"
Road Blocking Youth will Save Israel An Arutz Sheva interview with Moshe Feiglin
Click here for more: Manhigut in the News

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