Justice Minister Yariv Levin has informed Israel’s Supreme Court that he will insist on appointing Judge Asher Kula to oversee the investigation into the Military Advocate General (MAG).
“Any other outcome,” he warned, “would lead to a cover-up of the truth.”
Levin's declaration follows a hearing held earlier this week regarding petitions related to who will lead the investigation into the MAG and the leak from the Sde Teiman (Force 100) base affair. The justices sought to avoid issuing a ruling and gave the parties until 12:00 Thursday afternoon to reach an agreement. If no resolution is reached, a verdict will be issued on Sunday.
The hearing lasted for several hours and concluded without a decision. However, the judges strongly urged Attorney General Gali Baharav-Miara and Minister Levin to agree on a mutually acceptable candidate to supervise the sensitive investigation.
Thus far, no such agreement has been reached.
Last week, Levin wrote a letter 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 asserted 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 he had already he informed Gali Baharav-Miara earlier 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."
Earlier last 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 recent statement, Baharav-Miara replied that "your political interference in the investigation is improper, unfounded and harms it." An official letter sent by the deputy Attorney General, Gil Limon, argued that Levin is exceeding his authority and that he does not have the power to transfer enforcement powers to another civil servant.