The announcement by Justice Minister Yariv Levin that retired Judge Asher Kula would be appointed to direct the investigation into the leaked Sde Teiman Base video, despite objections from Attorney General Gali Baharav‑Miara, was only the opening move. The coalition now sees a chance to remove the attorney general — if she is summoned for questioning under caution in the case.
In today’s government, the desire to dismiss her predates the leak‑and‑cover‑up affair; multiple ministers voted in favor of her removal. Hard‑right members identify a potential trigger in her alleged involvement in submitting a false affidavit to the High Court of Justice, given by Deputy AG Gil Limon on behalf of the Military Prosecution.
The plan has been exposed by Likud MK Moshe Saada, who told Radio 103 that the replacement candidate must be a “career civil servant, a prosecutor who has handled investigations and is not currently subordinate to the attorney general.” According to Saada, that person will investigate her under caution — and once she is under caution, she cannot continue in office.
“Prosecution is a criminal organisation that needs to be shaken up,” Saada said. “Gali (the attorney general) should be questioned now — today or tomorrow. I approached the justice minister, submitted him an opinion, and he informed me he will question her under caution, appoint someone else to replace her, prosecute all these people and in parallel clear the heroic soldiers (accused of abusing a Palestinian detainee), and apologise to them. They must pay a price — the attorney general and her staff, the former chief military prosecutor, this is what justice demands.”
Earlier, the first phase of the government’s plan was completed when Levin announced he had asked the state ombudsman for judges, retired Judge Asher Kula, 71, to take over the investigation into the leaked Sde Teiman base video and the alleged cover‑up. Though the appointment, if implemented, could face the High Court’s intervention.
Levin explained his choice of Kula by saying: “I believe that the person entrusted with the role must meet the following: a senior civil servant; high level of criminal‑law expertise; head of a system that can support him in the task; not subordinate today to ministers, to the legal advisers of the government or to entities under them; and must command broad public trust — essential in such sensitive times.”
“After careful consideration, and receiving his consent to assume the role, I intend to assign the position to the State Complaints Commissioner for Judges, honorable retired Judge Asher Kula, with the full array of commissioner services required for the task. I believe that both the office and his person best answer the demands in this case. His appointment will gain broad public confidence, which is critical in our circumstances.”
Legal experts condemned the move, telling ynet that “the justice minister is not interested in the investigation but only in the attorney general’s removal. He acts without authority, contaminates the probe and undermines the ongoing investigation.” Kula himself clarified that he takes no position on the attorney general’s disqualification or the minister’s authority. According to his announcement, “The commissioner agrees to accept the task if and when it is assigned, subject to all legal constraints.”
On Saturday evening, Levin informed Baharav‑Miara that she was barred from handling any matter related to the leaked Sde Teiman base video, including the leak investigation, allegations of obstruction and impairing legal proceedings in the case, and the appointment of her deputy or replacement. Her deputy, the former chief military prosecutor, had to end her term.
Baharav‑Miara responded the next day to Levin’s letter, writing that “your political interference in the investigation is improper, baseless and harms it. You have no authority to transfer responsibilities to another civil servant, and your letter lacks any factual or legal basis.” Levin replied that he “flatly rejects the letter” and that “the attorney general is in a serious conflict of interest.” In any event the matter is likely to reach the High Court of Justice, which will decide whether Levin has the authority to appoint Kula as investigator or not.
Meanwhile, Knesset Constitution Committee Chairman MK Simcha Rothman has demanded that the attorney general appear tomorrow for a hearing on the chief military prosecutor’s case. Rothman cites Knesset rules obliging senior officials to appear before a committee and provide it “information” in their possession. Earlier this week, it seemed Baharav‑Miara would not attend the committee, as the enforcement agencies declined to provide information on pending investigations.