High Court rejects Galant appeal to freeze appointment process
High Court refuses to freeze chief of staff appointment process, moving Maj.-Gen. Gantz one step closer to coveted post. However, judges set to convene Tuesday to discuss cancellation of Galant's candidacy
General Benny Gantz was one step closer to becoming Israel's next chief of staff – thanks to a High Court decision, but Yoav Galant still has one last chance. The High Court of Justice rejected on Sunday General Yoav Galant's request to issue an interim order freezing the chief of staff appointment process.
The formerly designated chief of staff had earlier presented his two-part appeal before the High Court of Justice. He requested that the judges issue an interim order to freeze the appointment process in order to allow the Turkel Committee to reconsider his appointment, which was cancelled over the Moshav Amikam land affair.
He also claimed that the Turkel Committee was the only body with the authority to disqualify his appointment, to which the state responded that "when the government itself reaches the conclusion that the appointment isn't suitable, there is need for the committee to share its opinion."
While Judge Elyakim Rubinstein did reject Galant's appeal for an interim order, he stated that Galant's claims against the cancellation of his appointment should be brought before high court judges, who will convene to discuss the issue on Tuesday. Rubinstein noted that "the Attorney General should make it clear to the government that this part of the appeal is still pending."
Rubinstein's decision means that it is possible that the cabinet will decide during its weekly meeting Sunday to take Weinstein's advice and postpone the decision to appoint Gantz until after Tuesday's High Court decision.
Galant's lawyers, Shira Donowitz and Professor Menachem Mautner stated earlier that "according to the government decision, the authority to cancel an appointment, like the authority to approve an appointment on issues of morality and integrity – is in the hands of the Turkel Committee alone.
"In his appeal Galant stressed that his request will be brought before the committee without hurting the other candidates for the post."
By freezing Gantz's appointment, Galant claims that "the Turkel Committee will be able to examine both the issue of (his appointment) and the possible appointment of any other candidate simultaneously - within days - in a way that will allow the new chief of staff to take up the reins within the timeframe set by the government.
The State Prosecution asked the High Court to reject General Galant's appeal.
In its request, the prosecution stated "the Turkel Committee's role is to ensure integrity, but when the government itself reaches the conclusion that the appointment isn't suitable, there is need for the committee to share its opinion and ensure that the appointment meets the necessary standards."
Earlier in the week Rubinstein rejected an appeal presented by Attorney Uri Brimer, who demanded that the court issue and interim order which would forbid Prime Minister Benjamin Netanyahu and Defense Minister Ehud Barak from discussing a replacement for Galant. The court rejected the appeal, claiming that Galant himself could have stood before the court to present his claims.
Hanan Greenberg contributed to this report
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