Justice Minister Levin Advances Controversial Political Appointments in Police Investigations Unit Amid Supreme Court Scrutiny

Israeli Justice Minister Yariv Levin has moved forward with appointing new leadership for the Police Investigations Department (Mahash), following his consolidation of control over the selection committee. The committee, soon to convene, will choose the new department head and the coordinator of investigations. Levin reportedly secured three or possibly four committee members loyal to him, including Justice Ministry Director General Itamar Donenfeld, attorney Avi Amiram, and another appointee recommended exclusively by Donenfeld, with State Service Commissioner Doron Cohen likely supporting Levin’s candidate. This alignment raises concerns about political interference in the appointment process.

The Supreme Court has so far refrained from issuing an interim injunction against the appointments, stating in a recent decision by President Yitzhak Amit, Deputy Noam Solberg, and Daphne Barak-Erez that no immediate change in the situation is expected. However, Levin’s past disregard for court expectations suggests he may only respond to decisive court orders. Among candidates for Mahash director are attorneys Roi Kahlon, Dr. Gal Zandani, Ronen Yitzhak (acting head), and Orly Ben Ari, previously nominated for state prosecutor.

The new Mahash law, which places law enforcement investigators directly under the Justice Minister’s authority, is seen as revolutionary but controversial. It follows efforts to subordinate the police to far-right Interior Minister Itamar Ben-Gvir and could enable political control over sensitive investigations, including those involving leaks to the media. Critics warn this threatens the independence of corruption probes and press freedom, as demonstrated by recent demands from Prime Minister Netanyahu’s associate Yaakov Bardugo to investigate alleged leaks about an Iran attack.

While removing Mahash from the Justice Ministry might address conflicts of interest between police investigators and prosecutors, subordinating it to the Justice Minister undermines two key principles: investigator independence from politicians and exclusive oversight by the Attorney General. This move is part of broader government efforts to dominate democratic institutions, including changes to judicial selection, the Attorney General’s office, and public broadcasting, many of which the Supreme Court has blocked for undermining democratic norms.

Legal experts note that while the court can annul government decisions based on improper motives, invalidating a Knesset law like the Mahash law is more complex, requiring proof that the law’s purpose is illegitimate. The law’s initiator, Moshe Saada, openly aims to investigate and prosecute the Attorney General, raising questions about the law’s true intent. Should the Supreme Court find the law’s purpose politically motivated to seize control over investigations, it may strike it down for improper purpose.