Supreme Court petition filed against Attorney General over claims Netanyahu exploited Shin Bet powers

The Movement for Quality Government has petitioned the Supreme Court against the Attorney General, the State Attorney, and the Police Commissioner, demanding they explain why the Prime Minister will not be investigated for "using the sensitive powers of the Shin Bet."

MaarivAuthor: Gilad Morag
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Supreme Court petition filed against Attorney General over claims Netanyahu exploited Shin Bet powers
Photo: Maariv / היועמ"שית גלי בהרב מיארה בועדת הכנסת | צילום: יונתן זינדל פלאש 90

The Movement for Quality Government has petitioned the Supreme Court against Attorney General Gali Baharav-Miara, State Attorney Amit Aisman, Police Commissioner Dani Levy, and the police. The organization is requesting an order nisi instructing them to appear and explain why they will not order "the opening of a criminal investigation or at the very least a preliminary examination against Prime Minister Benjamin Netanyahu, due to the concern of committing serious criminal offenses, in particular regarding the use of the sensitive powers of the Shin Bet," and only after the Attorney General approves it.

According to the petitioners, the request comes "in light of information that emerged from affidavits submitted to the court as part of the Supreme Court petition regarding the dismissal of Ronen Bar, and from letters written by former Shin Bet heads to the Advisory Committee for Senior Appointments during the process of appointing David Zini as head of the Shin Bet."

This refers to a letter from former Shin Bet head Yoram Cohen, in which the movement claims he summarized several allegations, including that Netanyahu "demanded that he misuse the powers of the Shin Bet — including activating intelligence tools and wiretapping against 'confidants' in a sensitive operation, particularly against MK Benny Gantz, then-head of the Mossad Tamir Pardo, then-head of Aman Aviv Kochavi, and other senior officers."

It was further stated that "in 2014, Netanyahu demanded that he act to remove the security clearance of Naftali Bennett and remove him as a minister and cabinet member, based on a claim that proved baseless: that Bennett 'suffers from reliability issues' and was therefore dismissed from the combat track in Sayeret Matkal. All of this raises suspicion of a series of serious criminal offenses, primarily fraud and breach of trust."

The movement also cited former Shin Bet head Nadav Argaman, "who declared that during his tenure, he was demanded by Netanyahu — due to the affair involving the wiretapping of MK Benny Gantz's phone by Iranian elements — to declare that the candidate for Prime Minister and his political rival 'cannot be Prime Minister because he is blackmailable.' All of this could amount to the commission of serious criminal offenses, primarily fraud and breach of trust."

They further request an order nisi for law enforcement authorities to explain why they will not open a criminal investigation against Netanyahu and former Shin Bet head David Zini "due to concerns that they led to the publication of parts of a secret and internal IDF report."

They also request an order nisi against the Attorney General, "instructing her to appear and explain why she will not act immediately to establish a procedure regulating the manner of exercising the Prime Minister's authority to authorize classified information for publication, including the obligation to consult with relevant professional bodies on the matter."

It is important to note that the Supreme Court does not typically intervene in the considerations of law enforcement authorities regarding whether or not to open criminal investigations; however, it is possible that the Court will request a response from the state on the matter.

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