AG says Netanyahu cannot pick next Shin Bet chief due to ongoing probes of aides
Baharav-Miara tells High Court PM has conflict of interest, should give authority to another minister, indicates indictment looming for his adviser Urich in Qatargate scandal
Michael Horovitz is a breaking news editor at The Times of Israel
Attorney General Gali Baharav-Miara said that Prime Minister Benjamin Netanyahu should be prohibited from appointing the next Shin Bet chief, arguing he has a conflict of interest due to the ongoing investigation of his aides in the so-called Qatargate scandal.
In a submission to the High Court of Justice on Tuesday, Baharav-Miara wrote that it was impossible to uncouple Netanyahu’s act of firing former Shin Bet chief Ronen Bar — which was ruled unlawful by the court last month — from the act of appointing his successor, actions that may constitute “prohibited influence on the investigations.”
Because Bar announced in April that he would step down as head of the Shin Bet security service on June 15, the court said the matter was moot and it would not issue any operative orders over it.
The attorney general’s submission was filed in response to a petition to the High Court asking it to annul Baharav-Miara’s determination that Netanyahu has a conflict of interest in appointing the next Shin Bet chief.
Netanyahu tapped recently retired IDF Maj. Gen. David Zini as Bar’s replacement, although the formal appointment process is expected to take several more weeks, even if the court allows it to proceed.
Baharav-Miara immediately told Netanyahu that, as a result of the earlier court ruling, he had a conflict of interest in appointing a new Shin Bet chief. Earlier this month, she approved the appointment of Bar’s deputy for a one-month period as head of the organization since, she said, it was of crucial importance to Israeli security that the position be filled.
Baharav-Miara added Tuesday in her submission to the court that the framework for transferring the authority to appoint the next permanent head of the security agency to another minister is a “reasonable solution that correctly balances the conflict of interest in which the prime minister finds himself and the clear public interest in appointing a permanent Shin Bet head by the government, which is the appointing body by law.”
She also rejected the prime minister’s argument that the new Shin Bet chief would not be involved in the ongoing Qatargate investigation, stating, “It is not the place of the prime minister, as a party with a conflict of interest, to determine the identity of the party in charge of investigating his associates.”
A hearing for the petition has been set for next Tuesday. The panel of judges hearing the case will be Supreme Court President Isaac Amit, a liberal, along with Justices Alex Stein and Gila Canfy Steinitz, both conservatives.
The court determined last month that Netanyahu had a clear conflict of interest in firing Bar in light of the probe into Netanyahu spokesman Eli Feldstein’s leak of classified documents to the German Bild newspaper, and the Qatargate affair, in which his close media adviser Jonatan Urich is suspected of various crimes over his concurrent work for Netanyahu and Qatar.
The justices also noted that Netanyahu himself has acknowledged that even though he is not a suspect in either scandal, the very existence of the investigations impacted him as prime minister directly.
The debate over the Shin Bet appointments has aroused huge public controversy, with opponents of the government claiming Netanyahu was trying to suppress the investigations into his advisers, while the coalition and its supporters have contended that the attorney general and the court were overstepping and trying to replace the elected government and its authority.
Baharav-Miara indicates Urich soon to be charged
Referring to the affair in her submission on Tuesday, Baharav-Miara indicated that she would soon file an indictment against Urich.
She wrote that “the suspicion regarding Urich’s involvement in the passing of classified documents to advance the prime minister’s political interests has been shored up, and a decision is expected soon on the question of his prosecution in the affair.”
Baharav-Miara also wrote that the probes were in their “crucial stages” and that “in the coming weeks, additional significant actions are expected to be carried out.”
Urich is suspected of bribery and breach of trust due to his role advising Netanyahu while, according to the allegations against him, doing paid work to improve Qatar’s image in Israel.
Feldstein is also suspected of multiple offenses tied to his and Urich’s alleged work for a pro-Qatar lobbying firm. Only civil servants can be charged with bribery and breach of trust, and Urich was technically working as an adviser to the Likud party and not as an employee of the Prime Minister’s Office.
The investigation has broadened, and several former senior security officials are suspected of involvement in helping transfer money from Doha to Urich and Feldstein.
Urich was released last month from house arrest and instead was put under strict supervision, with the judge saying this was sufficient to alleviate concerns about interference in the investigation.
Jeremy Sharon contributed to this report.
The Times of Israel Community.