Israel's High Court of Justice issued an interim injunction Tuesday evening, preventing the government from dismissing Shin Bet chief Ronen Bar on the scheduled date—two days from now—and stipulating that he remain in his position until a final decision is made.
The decision prohibits Prime Minister Benjamin Netanyahu from announcing a replacement or acting head for Bar but allows him to interview candidates. Concurrently, the justices authorized the government and Attorney General Gali Baharav-Miara to seek a "creative solution" regarding Bar's dismissal.
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Shin Bet chief Ronen Bar, Prime Minister Benjamin Netanyahu
(Photos: Chaim Goldberg/Flash, Ronen Zvulun/Reuters)
The court ruled that Bar may submit a confidential affidavit, with a copy provided to the prime minister. Netanyahu is required to submit an affidavit supporting his factual claims by April 24, including necessary documents.
The High Court emphasized that "the prime minister and the government are not permitted to deviate from standard procedures in their professional relations with the Shin Bet chief and the agency, including issuing directives to officials subordinate to the Shin Bet chief."
Communications Minister Shlomo Karhi effectively called for defiance of the ruling, describing the injunction as "illegal and unauthorized." He stated that: "The 'creative solution' is very simple—Ronen Bar will conclude his role on April 10. It is our duty to safeguard democracy and the state's security. These are the checks and balances sometimes required to balance the judicial branch."
After nearly 11 hours of deliberation on petitions against Bar's dismissal, Supreme Court President Isaac Amit concluded by allowing Attorney General Baharav-Miara and the government until after Passover to reach a "creative solution." He remarked, "After observing signs of willingness between the cabinet secretary and the attorney general, we are giving you until after Passover to arrive at a creative solution. We encourage dialogue as much as possible."
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High Court hearing on petitions to dismiss Shin Bet chief Ronen Bar
(Photo: Shilo Shalom)
Justice Dafna Barak-Erez added: "You are not obligated; we are allowing you, if you wish, to submit something jointly. We are not imposing or taking a position." Justice Noam Sohlberg noted: "You know how to be creative and swift when necessary, and to consider the overall interest."
Earlier, Barak-Erez suggested postponing Bar's dismissal until the conclusion of the Qatargate investigation. "There is an investigation. Once it concludes, the conflict of interest will expire," she said. Government representative Attorney Zion Amir responded: "The message is dangerous. Every Shin Bet chief should know that if he wants to remain in his position indefinitely, he will initiate an investigation." Supreme Court President Amit intervened, saying: "These are conspiracy theories attributing ulterior motives to everyone."
Sohlberg suggested that Amir consider approaching the Senior Appointments Advisory Committee regarding Bar's dismissal. "Perhaps agreeing on a mechanism of an advisory committee for senior appointments might help. It could be in the interest of all parties and the public. Worth considering," he said. Amir replied, "These are lengthy procedures. We are in a short time frame due to very significant security challenges."
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Cabinet Secretary Yossi Fuchs handed a note to Amir, who then stated that Sohlberg's proposal was unfeasible as the committee could not be convened.
Addressing petitioners' claims that Bar's dismissal could undermine the independence of the next Shin Bet chief, Amir said, "I am not aware of a single word in the Shin Bet law that speaks of the independence of the Shin Bet chief. The only word in this context is about his subordination." He added, "I do not want such independence for any intelligence service head. Those who want an independent Shin Bet chief who sets conditions and then leaks them to the media, saying 'I will not resign until the last hostage returns,' do not understand the concept of 'subordination' when discussing a state commission of inquiry."
Barak-Erez asked Amir, "Do you not recognize that the Shin Bet chief is supposed to be independent in exercising investigative powers?" Amir replied, "Yes."
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Former Shin Ben chief Yoram Cohen leaves the courtroom while citizens surround him shouting "shame"
(Photo: Shilo Shalom)
Attorney Dafna Holz-Lechner, representing a group of public figures, referred to Netanyahu's claim of losing confidence in Bar, stating: "To understand what loss of confidence means for Netanyahu, his internal interpretation of the word 'confidence' is relevant here." She noted, "It is enough to read his response to the attorney general's letter, where she clarified that dismissal proceedings could not commence until the inquiry was complete, and that he could not address this issue at this time. What did he reply the next day? A personal letter full of slander and gaslighting."
"Netanyahu claimed that investigations against his people are 'abuse and improper practice that has become a method. A transparent method to take authority from the elected political echelon and transfer it to officials.' Tomorrow he will say that this is a loss of confidence and that the investigation was fabricated. This is the man who said 'I lost confidence in the Shin Bet chief.' He believes it is a personal trust position. Therefore, the prime minister's word 'confidence' cannot be accepted," she added.
Attorney Aner Helman, representing the attorney general, hinted at a connection between Bar's dismissal and the Qatargate affair, involving suspicions against Netanyahu's close adviser Jonathan Urich and former spokesperson Eli Feldstein. "A year and a half has passed since October 7; what suddenly happened that it cannot wait?" Referring to Netanyahu's series of videos on the matter, he said, "Suddenly videos are released about Investigation X, with Netanyahu claiming 'they want to topple me.' There is an allegation of ulterior motives here."