State Comptroller Matanyahu Englman took an unusual step earlier this week and invoked a never-before-used legal clause to force two former senior Bet officials to appear at his office for an audit meeting as part of the probe his office is conducting on the events of the October 7 massacre.

After repeated requests to the Shin Bet officials to appear at his office went unheeded, Englman sent summons to the agents’ lawyers in accordance with Section 26 of the State Comptroller Law, which allows for the implementation of sanctions if requests for meetings are not heeded.

It should be noted that the Supreme Court granted authority to the State Comptroller’s Office to carry out the investigation seven months ago. Nevertheless, despite receiving review documents as early as July 2025 and holding meetings with their lawyers, the two Shin Bet officials have refused to schedule meetings at the Comptroller’s office for months, unlike other senior figures in the defense establishment.

Even after the summons were issued, one of the agents, “Oscar,” the former head of the Southern District, announced through his lawyers that he will not heed the directive and that the Comptroller “has no authority over our client, and any other interpretation is wishful thinking that is not supported by law.”

The lawyers noted that at the end of the month, a hearing is expected at the Supreme Court on the Comptroller’s authority regarding the probe and that Attorney General Gali Baharav-Miara believes that the Comptroller is not authorized to conduct such a review.

They claimed, “Until another decision is issued, the Attorney General’s position binds all state authorities, including the State Comptroller.”

The Shin Bet officials have retained high-profile attorneys, and extensive correspondence has taken place between them and the Comptroller’s office, including demands such as allowing cross-examination of other auditees.

Their attorneys presented all types of excuses for their clients’ lack of cooperation, including the fact that since they retired and are now civilians, they are not required to cooperate with the Comptroller. They argue that the law mandates cooperation from “state” entities, a category they say does not include Shin Bet retirees. They also claim that the rarely used “subpoena” clause is only valid for acting state employees and therefore does not apply to them. They also asserted that an investigation of the October 7 massacre should only be carried out by a state commission of inquiry.

Over the past two years, Engelman has been criticized by opposition figures, who claim that his insistence on carrying out an investigation is an attempt to deflect attention from Prime Minister Binyamin Netanyahu’s responsibility. Engelman has responded that the review encompasses both the Prime Minister and the security agencies.

(YWN Israel Desk—Jerusalem)