Justice Minister Yariv Levin today (Tuesday) wrote to the acting Civil Service Commissioner, Prof. Daniel Hershkowitz, demanding approval to appoint retired judge Asher Kula as acting Attorney General in the Sde Teiman case.
Levin asserts that the Attorney General, Gali Baharav-Miara, is in a severe conflict of interest and is forbidden from handling the case.
In his letter Levin wrote that already at the start of the week he informed Gali Baharav-Miara that she is disqualified from handling the case, which includes the leaking of the video from the Sde Teiman base and obstruction of justice offenses being investigated as a result. He said a temporary acting appointment is required for matters related to the Attorney General's authorities in this file.
Levin set out a series of criteria for the acting appointee: knowledge and experience in criminal law, full independence, non-subordination to actors in the judicial system, and institutional capacity to support the execution of the role - alongside broad public trust.
He said that after a thorough review and having obtained his consent, he intends to appoint the Commissioner for Public Complaints against Judges, retired judge Asher Kula, to the position. Levin stressed that the commissioner, "personally and institutionally, meets all the requirements, and his appointment will receive the public trust required at this complex time."
As reported earlier this week, Levin informed the Attorney General that she is disqualified from handling the Sde Teiman case. He argued that her direct involvement, or that of those subordinate to her, in matters related to the leaking of the video necessitates her removal from handling the case. Among other things, Levin accused the Attorney General of having allegedly provided misleading information to the Supreme Court regarding the status of the investigation.
In a statement in recent days the Attorney General, Baharav-Miara, replied that "your political interference in the investigation is improper, unfounded and harms it." In an official letter sent by the deputy Attorney General, Gil Limon, it was argued that Levin is exceeding his authority and that he does not have the power to transfer enforcement powers to another civil servant.
Levin responded, "Baharav-Miara is, on the face of it, in a severe conflict of interest. The fact that she did not declare that she was not involved in the case speaks for itself."
The dispute between the sides is expected to reach the Supreme Court soon, which will decide whether Levin has the authority to appoint another civil servant in place of the Attorney General - or whether the step lacks legal validity.