AG tells Netanyahu that choosing Zini to head Shin Bet ‘invalid and unlawful’
Gali Baharav Miara says PM must not be involved in any way in appointing new Shin Bet chief; ministers demand she be ousted, ‘brought to justice’
Jeremy Sharon is The Times of Israel’s legal affairs and settlements reporter
Attorney General Gali Baharav-Miara told Prime Minister Benjamin Netanyahu on Monday night that he had a conflict of interest in selecting Maj. Gen. David Zini to head the Shin Bet, making the appointment “invalid and unlawful,” saying that it is doubtful that he will be able to take up the position.
Writing to the prime minister, the attorney general said that Netanyahu’s decision to select Zini for the position was taken “while ignoring determinations in the [High Court] ruling and legal instructions,” and is therefore “invalid and unlawful.”
Baharav-Miara told Netanyahu that his conflict of interest prevents him from being involved “directly or indirectly,” in appointing a new Shin Bet chief, and that in order to speedily replace outgoing Shin Bet head Ronen Bar, he must delegate the authority for recommending a candidate to another cabinet minister.
Several ministers castigated Baharav-Miara and called for her ouster — which the coalition has already begun the process of seeking — and one minister said, once fired, she should be put on trial.
In a ruling last week, the High Court of Justice determined that Netanyahu had a conflict of interest when he and the cabinet fired Bar in March, due to the Shin Bet’s involvement in the leaked documents and Qatargate investigations into the prime minister’s close aides.
As a result, the court said Netanyahu should not have been involved in the decision to remove Bar from office.
The attorney general immediately told Netanyahu not to make any decision about a new Shin Bet chief until she issued legal instructions, but he went ahead anyway and nominated Zini.
In a legal position paper written by Deputy Attorney General Gil Limon to Baharav-Miara, Limon wrote that the court’s determination that Netanyahu had a conflict of interest in firing Bar, due to the Qatargate investigations, meant that he had the same conflict in appointing a new Shin Bet chief.
He also pointed out how Netanyahu had overtly defied the attorney general’s instructions not to take any action to replace Bar before she issued instructions, but instead went ahead and nominated Zini.
“The prime minister is tainted by a serious conflict of interest with regard to the appointment of the new head of the Shin Bet, and acted contrary to the High Court’s ruling and in conscious violation of binding legal guidelines,” wrote Limon.
“As a result, his decision to advance the appointment of Maj. Gen. Zini is invalid and illegal.”
Limon said that Netanyahu was legally prohibited from being involved in any way in the hiring of a new Shin Bet chief “at least until the end of the investigations into those affairs.”
In order to appoint a new Shin Bet head, Netanyahu must designate his authority to nominate a candidate to another cabinet minister, and the cabinet can then confirm that appointment, Limon stated.
Because the dismissal and appointment processes so far have been tainted by “severe flaws,” said Limon, and due to a “heavy concern” that the appointed minister will “act as the long arm of the prime minister,” the appointment process must be done under “strict guidelines” in order to ensure that the process is not “tainted by ulterior motives,” and in order to get the appointment approved in time to take over from Bar.
Any action contravening the court ruling or the attorney general’s instructions will simply delay the appointment process, he added.
Specifically, Limon wrote that the minister designated by Netanyahu to nominate a candidate must make a decision for himself as to appropriate candidates to interview, that the interviews be “documented precisely” by a legal authority, and that the decision as to which candidate to nominate be properly detailed.
He added that the candidate’s fitness for the job must also be examined scrupulously, as a result of the flaws in the dismissal and appointment processes.
“It is the choice to act contrary to court rulings and to ignore the legal instructions of the authorized officials that is delaying the appointment procedures,” Limon insisted at the end of his letter, in reference to claims by government ministers that the Attorney General’s Office is harming Israeli security by delaying the appointment process.
Coalition castigations
Government and coalition members issued outraged reactions to the attorney general’s announcement.
Communications Minister Shlomo Karhi, of Netanyahu’s Likud party, said that “trying to prevent a prime minister from appointing a Shin Bet head during wartime harms national security — she should be brought to justice immediately after she is ousted.”
Karhi claimed Baharav-Miara’s legal opinion “completely contradicts the law, democracy and common sense” and should not be recognized since she “has a conflict of interest,” due to the government having initiated the complex process of firing her.
“David Zini must be appointed by hook or by crook,” he added.
Education Minister Yoav Kisch (Likud) also accused the attorney general of compromising national security, calling her “a political player whose sole purpose is toppling the government” and demanding that Zini’s appointment go ahead.
Far-right National Security Minister Itamar Ben Gvir repeated his call to oust Baharav-Miara, and his fellow Otzma Yehudit minister Amichay Eliyahu agreed, urging Netanyahu and Justice Minister Yariv Levin to bring the standoff to an end.
Deputy Minister Almog Cohen went a step further, saying he has told Netanyahu that if Zini does not end up being appointed, he will resign from the government over the failure to deal with the attorney general’s “silent coup.”
Times of Israel staff contributed to this report.
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