High Court approves compromise between gov't, A-G on new Shin Bet head - Bini Aschkenasy

 

by Bini Aschkenasy

Under the decision, the incoming Shin Bet director will be barred from involvement in the “Qatargate” investigation until the matter is resolved by Attorney-General Gali Baharav-Miara.

 

Maj. Gen. David Zini visits families of fallen Israeli soldiers during Memorial Day which commemorates the fallen Israeli soldiers and victims of terror at Mount Herzl Military Cemetery in Jerusalem on April 30, 2025.

(photo credit: Arie Leib Abrams/Flash90)

The High Court of Justice on Sunday approved a compromise between the government and the Attorney-General’s Office on the fiery issue of the next appointment to lead the Shin Bet (Israel Security Agency): Prime Minister Benjamin Netanyahu now has 60 days to propose a new appointment.

Within 60 days, the conflict of interest issue plaguing Netanyahu will be resolved, and he will be free to recommend his appointment to the Advisory Committee on Senior Civil Service Appointments.

The incoming chief will be barred from involvement in the “Qatargate” investigations until the matter is resolved by Attorney-General Gali Baharav-Miara, as part of a conflict-of-interest arrangement.

Supreme Court Chief Justice Yitzhak Amit clarified last month in a court hearing that there is no dispute over the prime minister’s authority to appoint the Shin Bet chief. Rather, the legal disagreement centers on whether Netanyahu is barred from making the appointment while a sensitive Shin Bet probe is underway involving members of his staff, this being the basis for Baharav-Miara’s harsh objection regarding the legitimacy of the appointment of IDF Maj.-Gen. David Zini.

Attorney-General Gali Baharav-Miara attends a Constitution, Law and Justice Committee in the Knesset, April 27, 2025. (credit: YONATAN SINDEL/FLASH90)

Netayahu rejects A-G's position

She wrote that the appointment wasn’t legitimate because it was made while Netanyahu was shrouded in a conflict of interest on the issue due to two pending matters: the “leaked documents” case and the “Qatargate” investigation. Both involve former Prime Minister’s Office military spokesman Eli Feldstein and adviser Yonatan Urich.

Since the Shin Bet is assisting in both investigations, the attorney-general has maintained that Netanyahu must recuse himself from the appointment process. Baharav-Miara has proposed that the government delegate the appointment authority to another minister, a move she says would eliminate the conflict. Netanyahu has rejected her position, saying that national security considerations override what he called an alleged conflict of interest.

He argued that the relationship between the prime minister and the Shin Bet chief is unique and vital to state security, and therefore, the decision must remain in his hands. He also contended that the issue is political in nature and should not be decided by the court.

Former Shin Bet head Ronen Bar resigned on June 15, after the push to fire him gained momentum in November 2024, when the Qatargate investigations began.

Sarah Ben-Nun contributed to this report.

Bini Aschkenasy

Source: https://www.jpost.com/israel-news/article-860858

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