AG says panel probing police spyware use must not touch Netanyahu affair
Justice minister pushes back against Baharav-Miara’s ‘outrageous’ letter citing potential conflicts of interests in pending and ongoing cases
Attorney General Gali Baharav-Miara warned Justice Minister Yariv Levin on Tuesday that a commission of inquiry he is planning, with the stated intention of probing the alleged illicit use of spyware by law enforcement bodies against citizens, must not examine ongoing or pending cases as that may impact the judicial process.
In particular, she said the commission must not examine Prime Minister Benjamin Netanyahu’s corruption cases as it could lead to a conflict of interest. The unstated implication was that spyware may have been used by the police and/or state prosecution in gathering material related to the charges against Netanyahu.
Levin responded that it is “unthinkable” and “outrageous” that Baharav-Miara would involve herself in the matter as the Attorney General’s Office is itself likely to be examined by the commission.
Levin announced in July that he will establish the commission to look at the use of spyware tools in the wake of allegations of abuse. The inquiry will include a probe into the deployment by police of a tool similar to the powerful, Israeli-made Pegasus, which enables access to cell phones, including covertly listening in on conversations.
In a letter to the minister, Baharav-Miara wrote that the commission must stay away from open and pending cases in order to safeguard the independence of the justice system.
“Granting authority to the committee to conduct an examination in relation to these procedures undermines the fundamental principles of the independence of the law enforcement system,” she wrote.
Regarding Netanyahu’s ongoing corruption trial, the attorney general raised concerns “due to the possible influence of the committee’s work on the criminal case being conducted against him.”
Baharav-Miara asked to change the committee’s scope so that it won’t deal with any ongoing or pending cases, whether during the investigative or judicial stages. Regarding such cases, she wrote, the committee must coordinate its work with the attorney general.
Levin wrote back that Baharav-Miara herself has a conflict of interest due to the nature of the commission’s line of inquiry and that he intends to push ahead with the commission as soon as possible.
“I can’t help but be very surprised at your intervention in this matter, since the commission of inquiry is authorized according to the proposed letter of appointment, among other things, to inspect the manner of supervision and the part of the Attorney General’s Office in the so-called Pegasus Affair.”
“The attempt by [that office] and the woman who heads it to dictate the scope of an investigation concerning an affair in which it is itself involved, and whose conduct will be examined within its framework, is something unthinkable,” he said.
Levin added, “I intend to advance without delay the immediate approval of the establishment of the committee, in a way that will ensure its ability to act and arrive at the truth.”
Channel 12 reported that Levin intends to bring his proposed committee for cabinet approval at the next meeting on Sunday and that it will be formed within a month.
Netanyahu, who is on trial in three corruption cases, denies any wrongdoing and accuses police, the prosecution and the media of a witch hunt against him.
In announcing the commission in July, Levin said he will seek the government’s approval to give the commission investigative powers “to review the conduct of the police, the State Attorney’s Office and their supervisory systems, in all matters relating to the procurement, monitoring, and collection of information using cybernetics tools against citizens and office holders.”
Levin’s commission of inquiry will submit its conclusions within six months after first convening, his office said.
The commission will be headed by retired judge Moshe Drori, a former vice president of the Jerusalem District Court and a vocal critic of the State Attorney’s Office.
Drori is a staunch supporter of the government’s plan to overhaul the judiciary and previously voiced strong criticism of former attorney general Avichai Mandelblit, who oversaw the indictment against Netanyahu.
There have been persistent accusations that police have access to a watered-down version of NSO Group’s Pegasus spyware, known as Saifan, which allows them to access Israelis’ phones.
In early 2022, the Calcalist newspaper reported, without providing evidence or citing sources, that dozens of high-profile Israeli figures — including former ministry directors, prominent business figures, and family members and associates of Netanyahu — were spied on by police using Pegasus spyware without any judicial oversight.
Investigations by police and an interim report by Deputy Attorney General Amit Marari found Calcalist’s reporting to have been largely incorrect, with none of the 26 people supposedly hacked having actually been targeted by police.
The Herzliya-based spyware firm NSO Group has been on a US government blacklist since last year.
The firm’s flagship spyware, Pegasus, is considered one of the most powerful cyber-surveillance tools available on the market, giving operators the ability to effectively take full control of a target’s phone, download all data from the device or activate its camera or microphone without the user knowing.
The company has been under fire over the alleged use of its spyware technology by authoritarian regimes to carry out human rights abuses. It insists its product is meant only to assist countries in fighting crime and terrorism.
