High Court in the service of the left? Supreme Court Justice Yitzhak Amit issued a temporary order this evening (Friday night) to delay the appointment of retired Judge Yosef Ben-Hamo as temporary acting attorney general in handling the leak case from the Yemeni air base.
The order was issued as part of a hearing on a request for a further hearing submitted by the Israeli Democracy Watch organization regarding the previous ruling.
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In his decision, Amit noted: "In light of the developments detailed in the body of the request... and for reasons of preserving the existing situation - a temporary order is hereby issued according to which the appointment of the Honorable Justice (retd.) Y. Ben-Hamo will be delayed.".
According to the decision, the respondents - the Minister of Justice, the Legal Advisor to the Government and the State Attorney's Office - are required to submit their response to the request by this coming Sunday at 2:00 PM, and within that response, they must also address the request for a stay of execution.
Justice Minister Yariv Levin responded: "The cover-up operation under the auspices of the Supreme Court broke a new record of disgrace tonight.
""An order issued in the dead of night, to once again thwart the supervision of an investigation that is no less important, and to practically prevent the investigation of the truth. If the scandalous order is not enough, then Judge Amit goes further and states that responses will be submitted by Monday, and a hearing on the matter has not been scheduled at all. As if time stands still, as if the time that has passed so far is not enough, in a manner that is unparalleled in the history of Israel. And all out of a desire to thwart the investigation in a practical way.".
""I demand the immediate cancellation of the order and the immediate rejection of the frivolous petitions filed with the aim of preventing Judge Ben Hamu from doing his important work.".
""And above all, it seems that there are still those who have not internalized that the system of 'keep it for me and I'll keep it for you,' 'close it for me and I'll close it for you,' seems far-fetched. The public is gradually losing the little trust it still had in what is supposed to be the justice system.".
Judge Amit's decision comes after Justice Minister Yariv Levin signed a letter of appointment for his son-in-law, who was hired as a civil servant, in accordance with the High Court's requirement.
According to the appointment letter, Ben Hamo was appointed to handle two central issues: the affair of the video leak from the Yemeni air base and the offenses of obstruction and damage to legal and investigative proceedings that were allegedly committed as part of the affair.
Levin said after the signing: "In the past week, it has become clear once again how deep the problem is in the investigation - instead of allowing a transparent and professional investigation, decisions are being made that actually thwart it. The court not only prevented Judge Kola's work, but also set strict criteria for appointment, which are almost impossible to meet.".
Judge Ben Hamo. Photo: The Judiciary
According to him, "Judge Ben Hamo has extensive experience, integrity, and courage, as reflected by his willingness to take on the role. The damage to the investigation is already enormous. The leftist chorus knows this, and is working to thwart the appointment of Judge Ben Hamo. It is appropriate that the court put an end to the harm to the investigation, and not interfere again with a proper and necessary appointment.".
The High Court ruling this week determined that this is an "exceptional and rare" case, and therefore gives the Minister of Justice the authority to choose the person who will temporarily replace the legal advisor.
The judges set strict threshold conditions: the appointee must be a serving civil servant with expertise in criminal law, without conflicts of interest or political influence.
Levin explained that he had considered the possibility of appointing a serving civil servant, but according to him, "I was unable to do so due to the significant difficulties in locating a senior civil servant, with legal knowledge and experience in the relevant fields, who is not subordinate to the legal advisory system to the government and the State Attorney's Office, with whom he does not have close working relationships, and who is suitable to take on the role.".
