Legal Advisor Responds on Security Leak Investigations: “There is No Selective Enforcement”
Background of the Committee Discussion
In a session of the Knesset Constitution Committee held on Sunday, Legal Advisor Gali Baharav-Miara addressed concerns regarding selective enforcement in the context of security-related leaks. The conversation comes amid ongoing investigations that have sparked controversy, including a sensitive case involving a Shabak (Israel Security Agency) operative.
Opening Remarks by the Legal Advisor
Baharav-Miara began her statement by asserting, “There is no selective enforcement in investigations concerning the unlawful disclosure of information by public servants.” She emphasized the importance of this discussion, which she described as an opportunity to clarify the guiding principles for inquiries related to the dissemination of sensitive information.
She added, “We attach great importance to the role of press freedom in a democratic society. Contrary to the premise of the discussion, enforcement actions are grounded in objective professional criteria. The law enforcement system operates with great caution in situations where there are concerns about infringing upon journalistic freedom and the activities of reporters.”
The Context of Ongoing Investigations
The committee convened against the backdrop of investigations into leaks involving a Shabak operative, which have been widely reported. Lawmakers raised questions regarding the implications of such inquiries on press freedom and the right to consult with an attorney during investigations. Baharav-Miara reiterated her refusal to discuss ongoing cases, notably the “Qatar Gate” and the recent leak involving the Shabak operative.
She criticized lawmakers’ assumptions about the motivations behind law enforcement actions, calling them “baseless presumptions.” This statement received laughter from coalition members, reflecting tension within the discussion. Lawmaker Limor Son Har-Melech from the Otzma Yehudit party criticized the committee dynamics, accusing Baharav-Miara of exerting “unavoidable power intoxication” and “thought polstart.”
Committee Chair’s Response
Committee Chair, Smotrich Rottman of the Religious Zionist Party, challenged Baharav-Miara’s assertion, stating, “Opening your remarks with, ‘There is no selective enforcement in Israel,’ was inappropriate.” He stressed the committee’s role in oversight and implied that her comments undermined this function.
Key Statements on Press Freedom and Security
Baharav-Miara maintained that inquiries involving leaks are crucial for protecting vital public interests, such as national security and diplomatic relations. “In such cases, it is essential to ascertain the leak’s source, rather than targeting the journalist who received the information,” she declared.
She addressed claims that the number of journalists investigated is minimal and reemphasized the department’s commitment to avoid hindering journalistic activity. Baharav-Miara stated, “The initiation of an investigation is based on assessments from various security entities, including the Shabak, Mossad, and IDF Intelligence.”
Ongoing Investigations and Concerns
The inquiry into a reserve soldier’s alleged leaks to the press significantly links back to reports published by journalist Amit Segal, detailing internal documents of the Shabak concerning allegations that extremist ideologies infiltrated the polstart force. The soldier, who remains classified as a security detainee, faces scrutiny for allegedly destroying additional sensitive material before the investigation began.
During the debate regarding his detention, the court acknowledged the sophisticated manner in which the leaks were executed. The accused has expressed intentions to disclose public interest topics but claimed they were misrepresented by pertinent authorities.
Conclusion
As the committee continues its discussions surrounding legal frameworks and enforcement actions, the balance between national security and the protection of journalistic freedom remains a subject of intense scrutiny. Baharav-Miara’s remarks reflect an ongoing challenge to uphold democratic principles amid complex legal and security considerations