Israeli Supreme Court Strongly Rebukes Government Legal Advisor for Delays in Security Leak Investigation
In a rare and sharp rebuke, three justices of the Israeli Supreme Court, Noam Sohlberg, Daphne Barak-Erez, and Yael Wilner, criticized the Government Legal Advisor, Gali Baharav-Miara, for systematic delays and misleading the court. The criticism came after Baharav-Miara requested a last-minute extension on the 90-day deadline to explain why a criminal investigation had not been opened regarding leaks of sensitive state security information.
The case stems from a petition filed by the "Choosing Life" forum against the Israel Police, the prosecution, and the Government Legal Advisor. The petition demands an immediate criminal investigation into serious leaks of classified security discussions and operational plans, including information published by journalist Ronen Bergman about leaked war plans. The petitioners accused the respondents of employing tactics of delay and misinformation throughout the legal process.
Initially, Baharav-Miara claimed the petition was premature due to the absence of a formal complaint, but it later emerged that a complaint had been filed and closed. The state also initially denied any official request to investigate, only for it to be revealed that both the Prime Minister and the Cabinet Secretary had formally requested an investigation. This inconsistency was particularly striking given that lesser security breaches had previously triggered immediate investigative teams and drastic measures.
The Supreme Court rejected the extension request submitted on the final day of the 90-day period, expressing deep concern over the "regrettable history" of the respondents' conduct. The justices condemned the last-minute extension request as an unacceptable tactic that forces the court into a fait accompli. They emphasized that this pattern of delay is not isolated but a recurring practice, citing similar recent incidents where extension requests were made at the last moment multiple times.
The court's decision underscores the expectation that government bodies, especially the Government Legal Advisor, must treat court deadlines with utmost seriousness and avoid tactics that undermine judicial processes. The legal and political ramifications of this ruling are expected to continue as the investigation into the leaks proceeds.
