AG praises prosecutor for turning down state attorney post, offers alternatives
Appointment of Orly Ginsberg Ben-Ari drew firestorm of criticism, including accusation it was an attempt to obstruct Netanyahu corruption cases
Attorney General Avichai Mandelblit on Sunday praised prosecutor Orly Ginsberg Ben-Ari for her decision to turn down a controversial appointment as the acting state attorney, and nominated other state prosecutors for the fraught role.
“Your decision on Friday to decline to serve in the post was admirable and brave,” Mandelblit told Ginsberg Ben-Ari on Sunday, according to quotes released to the press.
He said he appreciated her “enormous contribution” to law enforcement over nearly three decades as a prosecutor, as well as her “professionalism, personal integrity, and earnest intention to fulfill her duties” as acting state attorney. He said he looked forward to productive cooperation in the future.
Ginsberg Ben-Ari thanked Mandelblit and said her decision to decline the appointment was meant to prevent it from undermining public trust in the state prosecution.
Justice Minister Amir Ohana announced Ginsberg Ben-Ari’s appointment on Tuesday, a day after Shai Nitzan, who had become a lightning rod for right-wing anger, ended his six-year term in the post.
Ohana was himself appointed justice minister in June by Prime Minister Benjamin Netanyahu, and has become a vociferous critic of Nitzan, Mandelblit, and the state prosecution, repeatedly accusing them of conspiring to topple Netanyahu on trumped-up corruption charges.
Netanyahu faces a criminal indictment in three corruption cases, Mandelblit announced last month. Netanyahu insists he is innocent, and accuses prosecutors and police investigators of an “attempted coup” orchestrated by the media and the left.
Mandelblit, the state attorney’s direct boss, came out against the appointment of Ginsberg Ben-Ari on Tuesday, saying Ohana had overstepped the bounds of his caretaker position in picking her.
Ohana’s position is on shaky and unclear legal grounds. With no coalition in place since the 20th Knesset voted to dissolve itself in January, and after two subsequent elections in April and September failed to produce a ruling coalition, Ohana serves as a caretaker justice minister who has not been approved in a Knesset vote, as required by law. His appointment of an acting state attorney is therefore limited to a three-month (albeit renewable) term.
The decision to appoint Ginsberg Ben-Ari against Mandelblit’s wishes also runs counter to a longstanding practice that sees the attorney general enjoy wide latitude in selecting the next state attorney.
On Sunday night, Mandelblit sent a letter to Ohana recommending five candidates from the top ranks of the state prosecution who could serve in Ginsberg Ben-Ari’s stead.
Four of the five are the four deputy state attorneys: Deputy State Attorney for Criminal Affairs Shlomo Lamberger (whom Mandelblit previously named as his first choice), Deputy State Attorney for Special Assignments Nurit Litman, Deputy State Attorney for Financial Enforcement Liat Ben-Ari, and Deputy State Attorney for Civil Affairs Orit Kotev.
The fifth candidate recommended by Mandelblit is the top criminal prosecutor of the Southern District, Zion Illuz, whose extensive experience in criminal prosecution qualifies him for the post as well, the attorney general wrote.
Ben-Ari was the lead prosecutor in Netanyahu’s corruption cases until just last month, when she was promoted from the Tel Aviv District to become one of Shai Nitzan’s deputies.
“Each of the five candidates named above can, in my view, serve as acting state attorney and their appointment would help safeguard and protect the rule of law,” Mandelblit said. “Appointing any one of these candidates with the assent of both the justice minister and the attorney general would strengthen the public’s faith in the independence of the state prosecution and its leader, and in its autonomy from political pressures.”
On Wednesday, the High Court of Justice froze the appointment of Ginsberg Ben-Ari as it prepared to hear a petition that accused the justice minister of using it to obstruct the indictment and prosecution of Netanyahu.
Critics have argued that it was inappropriate for a relatively junior politician appointed by a prime minister facing indictment to appoint the head of the state prosecution that would be handling those cases.
Ginsberg Ben-Ari’s appointment was also opposed by the civil service commission on procedural grounds. Candidates for state attorney normally have higher seniority than Ginsberg Ben-Ari’s current level as a deputy prosecutor in the Tel Aviv District.
Civil Service Commissioner Daniel Hershkowitz, who by law must be consulted on the appointment, said on Tuesday that the reshuffle of the state prosecution’s hierarchy represented in her appointment could “undermine” the legal system’s procedures and hamper its ability to do its job.
Responding to the firestorm of criticism, Ginsberg Ben-Ari announced on Friday she would turn down the appointment, saying she had been dragged against her will into a fight between larger forces.
Though she thanked Ohana for his trust and expressed faith in her own ability to succeed in the position, she lamented an “attempt to turn my selection into a political issue and present it as part of an effort to undermine the rule of law.” She said this “goes against my conduct and values.
“The atmosphere that has been created threatens to hurt public trust in the prosecution and erode it even further,” she said. “I won’t have the justice system hurt further on my account, so long as I’m able to prevent it.”
On Saturday, Ohana railed at unspecified “pressure” brought to bear on his appointee and called for an investigation.
“Obviously there was heavy pressure and it led eventually to Orly’s decision,” Ohana told Channel 12’s “Meet the Press.”
He likened that pressure to “a gun [placed] on the table” before Ginsberg Ben-Ari and said, “It saddens me greatly that this is what the system looks like. It saddens me and also in my eyes demands examination.”
Ohana said he had expected the backlash from justice officials, but had hoped that Ginsberg Ben-Ari would weather it.
He said he agreed public trust in the system was “the most important thing. That’s why I wanted to appoint Orly. I saw in her — alongside her professionalism and great experience — humility. That is what the prosecution needs.”
It was not immediately clear who would be Ohana’s next pick for the post. He said the nominee would require a great deal of courage. “I ask myself — who will agree to enter this inferno? They see how the system is run and how [officials] attack and slander in the media.”
The Times of Israel Community.