Judge Yitzhak Amit has appointed the panel of justices who will hear the petition submitted by bereaved families, relatives of hostages, and the “Choose Life” forum, challenging Attorney General Gali Baharav-Miara’s opinion that bars Prime Minister Benjamin Netanyahu from participating in the selection of the next head of the Shin Bet.
The hearing is scheduled for this coming Wednesday. Judge Amit appointed himself the head of the panel, joined by Justices Alex Stein and Gila Kanfi-Steinitz. Notably absent from the panel is Justice Noam Solberg, a conservative-leaning judge who has recently criticized the Attorney General and even fined her NIS 20,000 for delays in submitting court documents. Baharav-Miara also recently dismissed Solberg’s suggestion that she recuse herself from matters involving former Shin Bet chief Nadav Argaman, citing their personal friendship.
Nevertheless, until the hearing takes place, the petition is being handled by Justice Solberg, who was the duty judge on the day it was filed. After the respondents submitted their positions on the request for an interim order—Attorney General Gali Baharav-Miara calling for the petition’s dismissal, and Prime Minister Netanyahu supporting that position—Solberg decided to urgently refer the case to a judicial panel for a full hearing.
In a decision issued Thursday, Solberg rejected the petitioners’ request to hold the preliminary hearing before an expanded panel, though he left open the possibility of doing so later.
“The petition will be scheduled for hearing as soon as possible, during the next week,” he wrote. “If a conditional order is issued, the possibility of expanding the panel will be considered. Responses to the petition must be submitted up to 48 hours before the scheduled hearing. For the sake of efficiency, previously submitted responses may be relied upon.”
Justice Noam Solberg also ordered that the Advisory Committee for the Appointment of Senior Officials, chaired by former Supreme Court President Asher Grunis, be added as a respondent to the petition. He requested details regarding the possibility of the committee convening as soon as possible.
In a separate ruling, Solberg rejected a claim by the Movement for Quality Government that the petition was procedurally flawed because the movement was not listed as a respondent, despite having filed the original petition that prompted the Attorney General’s advisory opinion. Solberg wrote that the request to join the proceedings would be addressed during the panel hearing, and dismissed the argument that the petition was invalid due to the omission, stating that “the claim that the petitioners were obligated to name the applicant as a respondent from the outset, and that failing to do so renders their petition defective, has no legal basis.”
WHAT WOULD GRUNIS DO?
Notably, Justice Grunis had opposed the appointment of Gali Baharav-Miara when her candidacy was presented to the committee he chairs. He argued that she lacked essential legal expertise in areas such as criminal law, and likened her appointment to that of a colonel being named Chief of Staff.
In his response, Prime Minister Benjamin Netanyahu argued that he should be permitted to immediately complete the process of selecting the next head of the Shin Bet, rejecting the Attorney General’s recommendation to transfer that authority to another minister.
“The Prime Minister, who is responsible for the security services on behalf of the government and who has been chosen to lead the country’s security strategy, must be the one to recommend the candidate he believes is most suitable,” the response stated. “Transferring this authority to another minister is not an option. The law and basic logic demand that the Prime Minister be allowed to manage the nation’s security.”
The statement further warned of the consequences of sidelining the Prime Minister: “What would supreme command and control over national security look like if it were placed in the hands of the Attorney General or a nominal minister? Such concerns are always valid, but even more so in the midst of a critical and sensitive existential war.”
The Prime Minister’s response further asserted that delaying the appointment of the next Shin Bet chief during such a tense and sensitive period would endanger the security of the State of Israel and its citizens.
“In light of the current circumstances, and out of a sense of national responsibility, the process of appointing the head of the service—as proposed by the Prime Minister—must be allowed to proceed urgently, immediately, and without further delay, in accordance with the provisions of the law,” the statement read.
Netanyahu emphasized that this position applies to any candidate he chooses to nominate, citing the unique and highly sensitive nature of the working relationship between the Prime Minister and the head of the Shin Bet. “This relationship carries particular importance given the extraordinary security situation we are facing at this time,” the response concluded.
