Last update - 00:00 17/10/2006
To oust the president
By Haaretz Editorial
As long as President Moshe Katsav was being investigated and the public was feeding off the stories of the complainants, public relations people, lawyers and others involved in the affair in some way, there was no reason to take an unequivocal stance on the matter of ending the president's term of office. Only a week ago it seemed that use of the word "rape" to describe Katsav's actions was exaggerated. In the meantime, though, it has become clear that that is precisely the count with which police are recommending Katsav be charged.
Even though the offense is one of the most serious on the books, all the signs point to Katsav's continuing to entrench himself in his residence and position, in what appears to be the beginning of negotiations over a limited indictment and lighter sentence in exchange for a voluntary resignation. Katsav is holding on to his seat even though the investigation is basically completed, and even though the state prosecution kept a close watch on the police throughout the probe and stands behind their recommendations.
The ball is in Katsav's court as long as he continues to serve as president since by law, even if the attorney general formulates an indictment against him that charges him with serious sex offenses, Katsav cannot be indicted as long as he is still president. For that reason, there is no reason to await the attorney general's opinion on the matter, as though it will signal the beginning of the legal proceedings. The draft indictment will just be a draft, the recommendation will just be a recommendation, and all the paperwork will be filed away in a drawer until the president becomes a civilian and can stand trial. Even if the attorney general decides there is enough evidence to accuse Katsav of rape or other sexual offenses, it will be impossible to try him until his term ends in about a year.
Therefore, as soon as the attorney general recommends that Katsav be indicted, the Knesset will have to fulfill its obligation and oust the president immediately. Even if Katsav is granted the right of a hearing, it should take place after he becomes a regular civilian.
The dismissal process set down in the law is intended precisely for situations such as this one, and if the Knesset members don't act as they are expected to, they will be abusing their office.
It cannot be that the president enjoys immunity, even for a year, which is not granted to other citizens accused of similar offenses. The Knesset must gather its composure, find 20 MKs who will raise the matter for discussion, come up with a 75 percent majority in the House committee willing to oust Katsav and a majority of 90 MKs to confirm the decision. Those who look for excuses, absent themselves, disappear or vote against the move will cause unprecedented damage to Israeli democracy and the ability of law-enforcement authorities to operate.
It is still possible to hope that the president will resign voluntarily and unconditionally. But we cannot accept a situation in which he holes himself up in the President's Residence to evade justice or receive a leniency or deferral that is not granted to regular citizens, who are generally held in custody until the end of the proceedings against them when accused of such serious offenses. The attorney general must expedite his decision so that Katsav will either resign or be ousted immediately.