Kahane Sedition Trial, Now in Recess, Could Be Dismissed on a Technicality

Rabbi Meir Kahane’s sedition trial opened Monday in Jerusalem District Court, but was postponed until after Passover and could be dismissed on a technicality.

The 57-year-old leader of the Kach movement, who was ousted from the Knesset two years ago for racism, has been charged with incitement to rebellion.

His attorney, Zvi Hadar, surprised the court by pointing out that the three-page indictment was not signed and therefore invalid. Kahane accordingly entered no plea on the grounds that there was no case to answer.

Although District Prosecutor Uzi Hasson argued that the omission was a minor oversight with ample precedent, Judge Ruth Orr reserved decision until after the holidays.

If she finds for the defense, the case will be dismissed.

The law says no charge can be pressed more than six months after an alleged defense. Kahane’s indictment relates to events that took place in July 1989. If it is found to be invalid, a new indictment cannot be issued.

The charges against the Brooklyn-born rabbi stem from a terrorist incident that shook Israel.

An Arab passenger grabbed the wheel of a crowded Egged bus on the Tel Aviv-Jerusalem highway in July 1989, forcing it to crash and burn in a ravine. Sixteen passengers were killed.

Kahane, addressing a rally of his supporters in Jerusalem on July 7, asked rhetorically, “Who killed them?”

Answering himself, he said, “The Arabs in our midst, who are spreading like a cancer. And any Jew who says that is not humane or nice or against Judaism — every such Jew has the blood of innocent people on his head, for he is a partner to the murder.”

But civil libertarians who find Kahane’s views repulsive have rallied to his defense on the grounds that the sedition trial violates his right to freedom of speech. Among them is Harvard Law School Professor Alan Dershowitz.