Justice Minister Yariv Levin submitted a harsh response to the Supreme Court on Wednesday, accusing it and Attorney-General Gali Baharav-Miara of obstructing the investigation of the Sdei Teiman affair, including the role of ex-Military Advocate General Yifat Tomer-Yerushsalmi and other senior members of the military prosecutor’s office.
Levin’s response came after petitions were filed against his appointment of retired judge Yosef Ben-Hamo to oversee the case, and leftist Supreme Court President Yitzchak Amit froze the appointment.
Baharav-Miara, in yet another attempt to interfere with the case despite her conflict of interest, filed a response to the court claiming that Ben-Hamo’s appointment must be struck down, claiming that he does not meet the criteria delineated for the role.
Levin wrote in his response to the petitions against Ben Hamo’s appointment, “Every hour that passes increases concerns about the obstruction of the investigation by those involved in the affair, of irreversible evidentiary damage, and poses a danger to the very ability to uncover the truth.”
“The court will not be able to say again that senior judicial officials misled it. History will judge who acted to uncover the truth and uphold the rule of law and who did everything possible to hide, cover up, delay, obstruct, and sabotage.”
Levin excoriated the Attorney General, stating, “At the heart of the events stands an investigation that is among the most serious and significant in the history of the state. Senior figures in the Israeli judicial system are involved in the affair in various ways and degrees of severity that have yet to be clarified.”
“A fictitious internal investigation was staged within the Military Advocate General’s office after those who pointed out that suspects cannot investigate themselves were silenced with contempt by the Attorney General, and their petitions rejected; and false affidavits were submitted to the court, knowingly or unknowingly, by the Supreme Court petitions division of the State Attorney’s Office.”
Levin demanded that the prosecution’s response be removed from the court file, arguing that it is in an institutional conflict of interest. “It is inconceivable that the Supreme Court petitions division of the State Attorney’s Office—the same body that submitted the Attorney General’s positions in the Sde Teiman affair, including the misrepresentations and falsehoods therein—should be the one to argue regarding who is to summon all the senior members of the State Attorney’s Office to give their accounts.”
Levin continued, “This is not an ordinary case; the case before us is light years away from ordinary cases; it is a unique extreme case,” citing the previous Supreme Court ruling that affirmed the Justice Minister’s authority to appoint an alternative legal adviser.
“Precisely the law enforcement authorities, alongside the Bar Association and the Movement for Quality Government, who constantly preach about the rule of law, are mobilized to find any possible reason, however baseless, flimsy, fabricated, and unfounded it may be, for why Yosef Ben Hamo’s appointment should not be approved.”
Levin demanded that the court take three actions:
• Remove the prosecution’s response from the case file
• Immediately dismiss the petitions, providing the reasoning later if needed
• Order the petitioners to pay court costs and attorney’s fees
On Tuesday evening, MK Simcha Rothman, the chairman of the Constitution Committee, also cast blame on Justice Yitzhak Amit, who declared himself President of the Supreme Court, saying that he “is actively helping obstruct the investigation of the ex-Military Advocate General.”
Rothman said, “The court is acting like a political party, not like a court—the public sees this and understands they have something to hide.”
He emphasized, “It is the Supreme Court that appoints the prosecutor—a blatant violation of the separation of powers.” Rothman noted that Attorney General Gali Baharav‑Miara was already aware in September about the false affidavit submitted to the Supreme Court by the prosecution but failed to inform the court.
Rothman added, “If the law splitting the roles of the Attorney General had passed in the summer session, we would not be in this shameful situation.”
Rothman also slammed the Attorney General regarding the Military Advocate General’s “lost phone,” slamming her for delaying Tomer-Yerusahalmi’s arrest and the seizure of her phone.
Rothman concluded, “The public that saw us fighting for judicial reform and said ‘maybe they are exaggerating’—now sees the Supreme Court joining those covering up this crime. This is exactly what we warned about.”
(YWN Israel Desk—Jerusalem)