Attorney General Gali Baharav-Miara ruled in an opinion on Monday that the decision to appoint Major General David Zini as head of the Shin Bet is "invalid and illegal."
According to Miara, the Prime Minister is in a conflict of interest, and it is the government that should appoint the head of the Shin Bet.
"Netanyahu acted contrary to the Supreme Court's Decision, while deliberately violating the binding legal guidelines. Looking to the future, the Prime Minister must refrain from dealing the the appointment of the Shin Bet director or an acting director, whether directly or indirectly, at least until the investigations into the relevant cases conclude," Miara stated.
She called on Netanyahu to transfer the responsibility for the selection process to a different minister. "To enable the functional continuity of the Shin Bet, and the proper appointment of the director at this moment, the legal solution is to transfer the authority to appoint the director to another minister, who will bring the candidate for the cabinet's approval."
The Attorney General hinted that, as she sees it, it will be difficult to proceed with the appointment of Major General Zini. "Given the significant flaws already attached to the dismissal and appointment processes, and the serious concern that the minister entrusted with the appointment will effectively serve as an extension of the Prime Minister. First, the appointment process must be conducted again from the beginning, applying strict rules to ensure that no foreign considerations influence it. Second, there is a real doubt whether Major General Zini can be appointed to the position.
"Against the backdrop of the current security situation, there is a supreme national importance in appointing a permanent head of the Shin Bet as soon as possible, before Ronen Bar’s term ends. For this reason, it is essential to strictly uphold a legal, proper, and untainted process. An action involving a conflict of interest, in contradiction to the Supreme Court ruling and ignoring binding legal guidelines, is not only illegal but also delays the completion of the process and harms the achievement of this important security and political goal," she concluded.
