AG approves Levin’s demand for own lawyer in spyware inquiry, slams his claim of conflict of interest

Jeremy Sharon is The Times of Israel’s legal affairs and settlements reporter

Left: Justice Minister Yariv Levin speaks during a Constitution, Law and Justice Committee meeting at the Knesset in Jerusalem, January 11, 2023. (Yonatan Sindel/Flash90); Right: Attorney General Gali Baharav-Miara attends a conference at the University of Haifa, December 15, 2022. (Shir Torem/Flash90)
Left: Justice Minister Yariv Levin speaks during a Constitution, Law and Justice Committee meeting at the Knesset in Jerusalem, January 11, 2023. (Yonatan Sindel/Flash90); Right: Attorney General Gali Baharav-Miara attends a conference at the University of Haifa, December 15, 2022. (Shir Torem/Flash90)

The Attorney General’s Office approves Justice Minister Yariv Levin request to obtain independent legal counsel in petitions to the High Court of Justice against the government’s decision to establish a commission of inquiry into the alleged illicit use of spyware by law enforcement bodies against Israeli citizens.

Petitions were filed against the establishment of the commission on the grounds that it could interfere with, and unduly influence, Prime Minister Benjamin Netanyahu’s ongoing criminal trial.

In a letter to Levin, Deputy Attorney General Gil Limon insists however that the justice minister’s claim on Friday that the Attorney General’s Office has a conflict of interest in the case “lacks any basis,” and argues that as the government’s legal advisory body it is obligated to express its opinion when it believes the government is seeking to “take action which exceeds the boundaries of its authority.”

“The claim that the Attorney General’s Office is at a conflict of interest when it points out legal flaws and a concern over interference with investigative and trial procedures, while harming the law and justice systems, is baseless,” Limon adds.

Attorney General Gali Baharav-Miara told Levin last month that the commission does not have the authority to probe open legal cases, and in particular, expressed concern that the committee may interfere with Prime Minister Benjamin Netanyahu’s ongoing corruption trial.

The commission, established in August, will examine the conduct of police and the State Attorney’s Office in matters touching upon procurement of, surveillance with, and data collection through cyber tools, such as the Pegasus software.

In 2022, the Calcalist newspaper reported that the police used spyware tools to spy on dozens of high-profile Israeli figures, including family members and associates of Prime Minister Benjamin Netanyahu, without any judicial oversight, although investigations by the police and an interim report by Deputy Attorney General Amit Marari found Calcalist’s reporting to have been largely incorrect.

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