Attorney Gali Baharav-Miara addressed the members of the Knesset committee this morning (Monday) with an official letter demanding that they reject MK Tali Gottlieb's request for immunity from criminal prosecution.
The appeal comes ahead of the expected hearings in the committee at the request of the Knesset member, after it was decided to file an indictment against her for committing the offense of disclosing and publishing confidential information under the General Security Service Law.
According to the indictment, Gottlieb posted on her Twitter account the full name and personal details of a senior Shin Bet official, the partner of a left-wing protest activist who rose up in Bresler.
In her letter, the Attorney General emphasizes that the evidentiary foundation gathered against the Knesset member is solid and clear, and that none of the three grounds presented by MK Gottlieb in her request are valid.
In her explanation, Bahrav-Miara rejected Gottlieb's claim of substantive immunity, stating that the publication was made in the performance of her duties, and clarified that this was not a spontaneous statement or an incidental "overstepping" from permitted activity, but rather a conscious, deliberate, and ongoing conduct.
She further noted that the Knesset member refused to remove the publication, even after the head of the Shin Bet filed a complaint and warned of the concrete security risks, and even publicly stated that she would continue to reveal confidential information in the future.
The attorney general also addressed allegations of selective enforcement and lack of good faith, and noted that the indictment was filed based on "professional and factual discretion only.".
According to the letter, additional advertisers who revealed the identity of the service member were investigated with a warning, but in their case it was decided not to file charges because they are not public figures, the scope of their exposure was low, and they immediately deleted the advertisement and expressed regret.
On the other hand, MK Gottlieb's status as a member of the Foreign Affairs and Defense Committee gave the publication an inflated sense of high credibility, which exacerbated the actual damage caused to the service's work and to state security.
Finally, the ground indicating harm to the functioning of the Knesset or to the representation of voters was also rejected, emphasizing that postponing the investigation of the procedure would actually cause significant harm to the public interest.
The Ombudsman noted that MK Gottlieb avoided giving her version of events throughout, refused to appear twice for a criminal investigation, even though it was made clear to her that she was obligated to do so, and even announced on social media that she was not interested in a hearing.
Because of this, Bahar Meara demands that the Knesset committee reject the immunity request submitted by Gottlieb and allow the legal process in her case to continue.
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