AG again speaks out against ‘Feldstein Law,’ which would give immunity for passing classified info to PM

Attorney General Gali Baharav-Miara listens as she attends a cabinet meeting at the Bible Lands Museum in Jerusalem on  June 5, 2024. (Gil Cohen-Magen/Pool Photo via AP)
Attorney General Gali Baharav-Miara listens as she attends a cabinet meeting at the Bible Lands Museum in Jerusalem on June 5, 2024. (Gil Cohen-Magen/Pool Photo via AP)

Attorney General Gali Baharav-Miara again speaks out against the so-called Feldstein Law, which would make it impossible for soldiers and other members of the defense establishment to be prosecuted for giving classified intelligence, without authorization, to the prime minister or defense minister, after it was approved earlier today by the Ministerial Committee for Legislation.

Her stance was laid out in an opinion published by Deputy Attorney General Sharon Afek on her behalf, the Walla news site reports.

Afek writes that Baharav-Miara believes that the proposed law would “deeply and fundamentally undermine the independence of the law enforcement system, judicial discretion, and the ability to ascertain the truth and protect the rule of law, as it will open the door to improper political interference in investigative and legal proceedings.”

The Feldstein Law was drawn up in response to charges against Eli Feldstein, a spokesman for Prime Minister Benjamin Netanyahu, and IDF reservist Ari Rosenfeld, relating to their alleged involvement in the leak of stolen classified intelligence information ostensibly detailing Hamas’s priorities and tactics in hostage negotiations to the foreign press.

The published opinion also notes the attorney general’s concern that the legislation is being pushed through for Netanyahu’s benefit.

“There is concern that we are dealing with personal legislation aimed at improper political intervention into a pending criminal process involving the Prime Minister’s associates,” Afek writes, arguing that the legislation seeks to influence the ongoing legal process.

Proponents of the legislation have argued that it is necessary because “even during the war, critical documents regarding the enemy’s intentions did not reach the desks of decision-makers in the political leadership.”

The military and defense establishment have denied accusations that senior politicians have been kept out of the loop, and have opposed the bill.

Baharav-Miara has previously spoken out against the law in a similar manner, and has warned that it could constitute “improper political interference.”

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