Legal Advisor to the Government, Attorney Gali Baharav-Miara, warns in an official opinion against the bill of MK Ariel Kellner To establish a "state-national investigation committee" to examine the failures of October 7th.
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In a document drafted in her office and forwarded to the Minister of Justice Yariv Levin, unequivocal opposition to the proposal is expressed, while presenting a series of serious legal and constitutional reasons.
According to the Ombudsman, this is a proposal "with personal characteristics," designed to suit the current government's standards, and will undermine the basic principles of a proper governmental system.
It was also written that the proposal lacks the mechanisms of independence, professionalism, and transparency required of a state investigation committee.
In addition, it was written, the proposal is being promoted without organized professional staff work and in blatant circumvention of the High Court ruling, which ordered the government to consider establishing an independent investigative committee.
The opinion further states that the proposal could lead to real disruption in realizing the purpose of the investigation, and even to complete "paralysis" of the committee's work.
""The bill undermines the exceptionally important purpose of investigating the truth and drawing full lessons regarding the events of the October Seven and the war that broke out following these events," it said.
""The proposed outline is full of fundamental flaws that will not allow for the investigation of the truth, and will in fact thwart the possibility of striving for it. The committee that is now proposed to be established lacks the basic characteristics of a state commission of inquiry - independence, professionalism, and non-dependence.".
According to Baharav Miyara, "Also from a procedural perspective, this is a bill that serves as a tool to overcome the conditional order issued on the issue against the government, while designing a mechanism for an investigative committee under favorable conditions for the government, in preparation for the committee's examination of its responsibility.".
She explained: "Our position, as presented to the government, and also clarified in other legal proceedings, is that a state investigation committee is clearly the appropriate tool available in law to investigate the core aspects of the events of the October Seven and the war" - while ignoring the risk of the committee being clearly biased by the person who appointed its members, Supreme Court Justice Yitzhak Amit.
""Rub your eyes well""
Minister of Communications Shlomo Kerei He commented on the opinion of the attorney general: "The dismissed attorney general and her husband cannot be allowed to escape the investigation committee. The mandate letter scares them, an investigation committee that is not under their control drives them crazy. This is where we will be tested. By the life of the Lord, if there is justice and righteousness here, for if you have wisely established a royal investigation committee for a nation on its nose and on its anger. On the weight of Joseph's words to his brothers in this week's parsha: 'By this life, O Pharaoh, we will be tested, if you will go out from here, for if your youngest brother comes, behold!'".
Also the government secretary Yossi Fox This evening, he went on the offensive against Gali Baharav-Miara - and published a harsh response to her conduct.
""I flipped through the 17 pages of the legal advice letter to the government, defined as a 'legal opinion' on the bill to establish a state-national commission of inquiry to investigate the events of October 7, submitted by MK Ariel Kellner, and I found everything in it, except legal reasoning.
""This is an independent investigative committee, with exactly the same powers as an investigative committee under the Investigative Committees Law, all of whose members will be professional, whose establishment and composition will be determined in an equal manner between the coalition and the opposition, and which will be able to lead to an investigation of the truth with broad public trust.".
""What is better? A state investigation committee whose composition is determined by the High Court of Justice? A government investigation committee whose composition is determined by the government?"
""And the two most amazing arguments in the letter, which you have to rub your eyes hard to read, are the 'melting of authorities.' That is, the legal advice complains that the government 'controls' the Knesset and that it is 'misusing' a private bill by an MK instead of distributing a government law memorandum.".
""In the dictionary, next to the term 'the plundered Cossack' there is a picture of the legal advisor to the government who has been trying to 'control' the government since its establishment, to the point of turning himself into a fourth authority, and in practice preventing the distribution of government legal memoranda that do not fit his agenda by controlling the government legal memoranda website.".
""In fact, there is nothing new under the sun. This month I am completing 3 years in the position of Cabinet Secretary, and despite dozens of 'legal reasons' from the Government Legal Counsel for every step of the government in decisions or legislation, as never before - I have not yet received a single legal opinion from the Government Legal Counsel with reasons that hold water. It is all part of a clear agenda.
""Oh, and one last thing, I'm eagerly awaiting the opinion of the government's legal counsel regarding the proposed resolution to close the GLA, which they've been delaying for many days, with the proposal coming up in the government tomorrow. I hope I can withstand the tension...""
Preliminary reading in the Knesset
According to a report on Channel 12, tomorrow the Prime Minister will convene a ministerial committee, headed by him, which will determine what the committee will investigate. The mandate of the investigation will probably extend to Protective Edge, and specific events that preceded it.
The mandate is also expected to include the judicial system and specific High Court rulings.
At the same time, the bill that will determine who will investigate the failures of October 7 will be approved in a preliminary reading in the Knesset this week. The committee is expected to include six participants - three from the coalition and three from the opposition. The person expected to appoint the committee members on behalf of the opposition is the Knesset Speaker, since it is not expected to cooperate.
MK Ariel Kellner, the initiator of the committee of inquiry bill, said that he expects cooperation from the opposition: "We are reaching out to them here. If they still do not cooperate, we cannot allow a situation in which the truth is covered up and an investigative committee is not established. There is no veto right over the establishment of an investigative committee on such a critical issue, and therefore this matter will be established by the Knesset Speaker.".
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