Israeli Prime Minister Bibi Netanyahu and his administration presented a legal argument to the High Court of Justice on Monday, asserting that the court does not have the authority to compel the government to cooperate with a Shin Bet head they do not trust. This came after the cabinet’s unanimous decision last week to dismiss Ronen Bar, the head of the domestic intelligence agency.
In their legal submission, the government contended that the court should not intervene, as the selection of the Shin Bet leader falls under the realm of state security—a matter over which the court traditionally refrains from exerting influence.
The government also defended the decision to dismiss Bar, asserting there was no conflict of interest, despite the ongoing investigation into the Qatargate affair. The administration further argued that the public hostility between Bar and the government had rendered their continued collaboration untenable.
This legal filing was a response to multiple political parties and watchdog organizations who petitioned the court to issue an injunction halting Bar’s removal.
The High Court responded by issuing a temporary injunction on Friday, halting the dismissal. The interim injunction will remain in effect until the court reaches a final decision on the matter.
The government’s decision to dismiss Bar came late Thursday, at Netanyahu’s request. The prime minister cited a loss of confidence in Bar’s ability to perform his duties effectively.
Several opposition parties, including Yesh Atid, National Unity, Yisrael Beytenu, and the Democrats, along with groups like Movement for Quality Government in Israel, Israel Democracy Guard, and Telem – The Movement for Integrity in Government, all petitioned the High Court against the firing. They argued that Netanyahu’s administration had a severe conflict of interest due to the ongoing Shin Bet investigation into alleged improper connections between Netanyahu’s aides and Qatar.
The High Court’s temporary injunction prompted Netanyahu and his government to respond by Monday regarding the request for an interim injunction.
The court has scheduled a hearing on the petitions for April 8, where it will convene a panel of the court’s most senior judges, including Supreme Court President Isaac Amit, Deputy President Noam Sohlberg, and Justice Daphne Barak Erez.
Attorney General Gali Baharav-Miara has permitted the government to hire external legal counsel for the High Court proceedings, given her opposition to Bar’s firing.
She requested on Monday that the court allow her to submit the state’s response to the interim injunction request at the same time as its full response to the petitions, three days before the April 8 hearing, due to the “complexity, unprecedented nature, and importance of the issue.”
Baharav-Miara also noted that the government’s dismissal of Bar was “tainted with fundamental flaws that go to the root of the administrative action, both in relation to the decision-making process and in relation to the discretion exercised in making the decision.”
She stressed that Bar’s dismissal has “significant implications for the tenure and perception of the role of senior officials in the defense establishment, the law enforcement system, and the public service in general,” particularly concerning their “independence in exercising powers granted to them by law” and their loyalty to the public rather than to the official who appoints them.
In response to the interim injunction request, Netanyahu and the government pointed out that the Shin Bet law of 2002 grants the government the authority to dismiss the head of the agency at the prime minister’s recommendation.
The government further argued that, as a security service, the Shin Bet is a matter of state security, and judicial intervention in such a decision would violate the longstanding principle that the court does not involve itself in security-related policy matters.
“Appropriating security authority and responsibility and transferring it to the court, which lacks the tools to implement this security responsibility, would leave the country without a clear responsible [authority] for the peace and security of its citizens and soldiers,” the government argued. “This is at a time when the State of Israel is amid an existential war on seven fronts against an enemy seeking to destroy it.”
The government also referenced a letter written by Bar just before his dismissal, in which he criticized the government for what he claimed were its “fundamentally invalid motives” behind his removal.
The submission argued that the court cannot force the government to work with a Shin Bet chief they do not trust, especially one who seems to lack trust in them.
The government also noted that Bar declined to appear before the cabinet to challenge the claims made against him and did not file his own petition with the court. The submission referenced past rulings that stated petitions by public groups regarding an individual who did not challenge a decision themselves cannot be heard.
The government rejected claims of a conflict of interest, arguing that the investigation into alleged illicit ties between Netanyahu’s aides and Qatar was initiated to prevent Bar’s dismissal, and that Netanyahu himself was not under investigation.
Included in the filing was a letter from Bar to Netanyahu last month, proposing the formation of a state commission of inquiry into the Hamas-led October 7, 2023, terror attack. Netanyahu blocked the Shin Bet from sharing this letter with other ministers. State commissions of inquiry, which are Israel’s highest investigative authority, are typically led by retired Supreme Court justices and appointed by the sitting chief justice. Netanyahu opposes such inquiries, fearing bias against him.
Bar’s firing triggered widespread protests across the country, with demonstrators also criticizing the government’s handling of the war against Hamas in Gaza and its failure to reach a deal for the release of hostages.
Following the court’s decision to freeze Bar’s dismissal, Attorney General Baharav-Miara—who is also facing a government attempt to remove her—advised the government that it was legally prohibited from appointing a new Shin Bet head or even conducting interviews for the position, including for an interim appointment.
{Matzav.com}

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