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Unity government talks

Ex-Barak aide warns Eisenkot on unity terms

Yaakov Ben-Shemesh, who once worked for Aharon Barak, says Eisenkot's conditions for a unity government rest on a legal mistake—and that threatening to use a parliamentary majority to force a state inquiry has no basis in law

Gadi Eisenkot

Yaakov Ben-Shemesh, a former aide to retired Supreme Court president Aharon Barak, has launched a sharp attack on Yashar! chairman Gadi Eisenkot over his conditions for joining a unity government and his threat to use a Knesset majority to advance legislation.

Ben-Shemesh wrote on Sunday that Eisenkot is setting conditions he cannot deliver on, and singled out the proposal to establish a state commission of inquiry as legally flawed.

"I see Gadi Eisenkot still hasn't sobered up from his ridiculous 'victory' speech," he wrote. "Now he's setting conditions for a unity government and threatening to 'immediately exercise the clear parliamentary majority' to establish a state commission of inquiry, repeal the 'coup laws,' and other vegetables."

he argued that having a parliamentary majority does not guarantee the ability to pass legislation without a stable government. "Someone needs to update the guy that a 'parliamentary majority', probably another hollow slogan his clever advisers invented for him, without a solid coalition majority isn't worth much," he wrote.

He went on to address the possibility of a minority government advancing legislation with the support of Arab parties. "Legislative procedures aren't a TV show on demand, and at some point he'll have to wake up from the infantile delusions about 'a minority government with Arab support for a legislative blitz,'" he wrote.

But his main criticism was directed at the state commission of inquiry issue. He said Eisenkot's threat to use a parliamentary majority to establish the commission rests on a mistaken legal understanding.

"But just on the legal level, maybe someone should remind Eisenkot that to establish a state commission of inquiry you don't need to 'exercise' any parliamentary majority. The law already exists. It only requires *a government decision* to establish such a commission."

He also attacked the idea of establishing a commission of inquiry on the initiative of one political camp alone, and raised doubts about the value of conclusions from a commission set up that way.

At the end of his remarks, he addressed Eisenkot directly and warned him of the political consequences of continuing his current approach.

"So Mr. Eisenkot has no 'clear parliamentary majority' at all, and he'd better stop threatening with an empty magazine. He has 21 seats. And if he doesn't try now to use them in a stable unity government with Netanyahu, he won't have even that left after the next election."

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